Loading...
HomeMy WebLinkAbout61729 - AGENDAS - City Commission Packets AGENDA DANIA BEACH CITY COMMISSION REGULAR MEETING TUESDAY, MAY 13, 2008 — 7:00 P.M. ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE WITH REGARD TO ANY MATTER CONSIDERED AT THIS MEETING OR HEARING WILL NEED A RECORD OF THE PROCEEDING, AND FOR SUCH PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. LOBBYIST REGISTRATION REQUIRED. REGISTRATION AS A LOBBYIST IN THE CITY OF DANIA BEACH IS REQUIRED IF ANY PERSON,FIRM OR CORPORATION IS BEING PAID TO LOBBY THE COMMISSION ON ANY PETITION OR ISSUE PURSUANT TO ORDINANCE # 01-93. REGISTRATION FORMS ARE AVAILABLE IN THE CITY CLERK'S OFFICE IN THE ADMINISTRATION CENTER. IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT, PERSONS NEEDING ASSISTANCE TO PARTICIPATE IN ANY OF THESE PROCEEDINGS SHOULD CONTACT THE CITY CLERK'S OFFICE, 100 W. DANIA BEACH BOULEVARD,DANIA BEACH,FL 33004,(954)924-6800 EXTENSION 3624,AT LEAST 48 HOURS PRIOR TO THE MEETING. IN CONSIDERATION OF OTHERS,WE ASK THAT YOU: A. PLEASE TURN CELL PHONES OFF,OR PLACE ON VIBRATE. IF YOU MUST MAKE A CALL,PLEASE STEP OUT INTO THE ATRIUM,IN ORDER NOT TO INTERRUPT THE MEETING. B. IF YOU MUST SPEAK TO SOMEONE IN THE AUDIENCE, PLEASE SPEAK SOFTLY OR GO OUT INTO THE ATRIUM, IN ORDER NOT TO INTERRUPT THE MEETING. 1. CALL TO ORDER 2. INVOCATION AND PLEDGE OF ALLEGIANCE Pastor Ernestine Henry, Mt. Sinai United Methodist Church 3. ROLL CALL 4. PRESENTATIONS AND SPECIAL EVENT APPROVALS 4.1 Broward County Commissioner John Rodstrom - Presentation of a check for the County's contribution to building the Dania Beach Library 5. PROCLAMATIONS 5.1 Chickie Brandimarte Seniors Day 6. CITIZEN COMMENTS Addressing the Commission: Comments by Dania Beach citizens, or other interested parties that are not part of the regular agenda, may be made during each Commission meeting during the period set aside for"citizen comments." A thirty(30)minute"citizen comments"period shall be designated on the agenda for citizens and interested persons to speak on matters not scheduled on that day's agenda. Each speaker shall be limited to 3 minutes for his or her Dania Beach City Commission Agenda—May 13, 2008 Page 2 of 8 comments. Persons desiring to speak during the citizen comment period shall inform the City Clerk prior to the beginning of the meeting of their intention to speak. If more than 10 speakers express a desire to speak, the Commission shall determine, on a meeting by meeting basis, whether to (a) extend the time allotted for citizen comments to accommodate all speakers, or (b) whether to limit the number of speakers or amount of time per speaker. A speaker's time shall not be transferable to another speaker. 7. CONSENT AGENDA 7.1 Minutes: Approve minutes from the April 22, 2008 City Commission Meeting Resolutions 7.2 RESOLUTION#2008-067 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE 2008 AMENDMENT TO THE INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY AND THE CITY OF DANIA BEACH; PROVIDING FOR DIVISION AND DISTRIBUTION OF THE PROCEEDS FROM THE LOCAL OPTION GAS TAX ON MOTOR FUEL ORDINANCE; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.3 RESOLUTION#2008-068 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE 2008 AMENDMENT TO THE INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY AND THE CITY OF DANIA BEACH; PROVIDING FOR DIVISION AND DISTRIBUTION OF THE PROCEEDS FROM THE FIFTH CENT ADDITIONAL LOCAL OPTION GAS TAX ON MOTOR FUEL ORDINANCE; PROVIDING FOR CONFLICTS; FURTHER,PROVIDING FOR AN EFFECTIVE DATE. 7.4 RESOLUTION#2008-069 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE 2008 AMENDMENT TO THE INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY AND THE CITY OF DANIA BEACH; PROVIDING FOR DIVISION AND DISTRIBUTION OF THE PROCEEDS OF THE LOCAL OPTION GAS TAX (THREE CENTS) IMPOSED BY THE BROWARD COUNTY LOCAL OPTION GAS TAX ORDINANCE; PROVIDING FOR CONFLICTS; PROVIDING FOR AN EFFECTIVE DATE. 7.5 RESOLUTION 42008-075 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING AN AMENDMENT TO THE CITY BUDGET FOR THE AWARD OF THE URBAN AND Dania Beach City Commission Agenda—May 13, 2008 Page 3 of 8 COMMUNITY FORESTRY GRANT IN THE AMOUNT OF $11,500.00 IN THE GRANT FUND AND TO ALLOW AN ADDITIONAL $9,500.00 FROM THE TREE PRESERVATION FUND TO BE USED AS A MATCHING SUM TO OBTAIN AN URBAN AND COMMUNITY FOREST GRANT FROM THE STATE OF FLORIDA; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.6 RESOLUTION#2008-076 A RESOLUTION OF THE CITY COMMISSION OF DANIA BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO PURCHASE LAND PLANNING CONSULTANT SERVICES FROM LEIGH ROBINSON KERR & ASSOCIATES, INC. TO ASSIST THE CITY IN ONGOING SERVICES INVOLVING THE TRANSPORTATION, CAPITAL IMPROVEMENTS AND PUBLIC SCHOOL FACILITY ELEMENTS OF THE CITY COMPREHENSIVE PLAN, THE WATER SUPPLY PLAN, THE UPCOMING EVALUATION AND APPRAISAL REPORT ("EAR") AND GENERAL PLANNING SERVICES, FOR AN AMOUNT NOT TO EXCEED THIRTY-FIVE THOUSAND DOLLARS ($35,000.00), SUCH PURCHASE TO BE MADE WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.7 RESOLUTION#2008-077 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, DECLARING CERTAIN PERSONAL PROPERTY TO BE OBSOLETE, SURPLUS, AND OF NO FURTHER USE TO THE CITY OF DANIA BEACH; DECLARING THE INTENT OF THE CITY TO DISPOSE OF SUCH PROPERTY AT THE DIRECTION OF THE CITY MANAGER; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.8 RESOLUTION#2008-078 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN AGREEMENT ON BEHALF OF THE CITY WITH ASHBRITT, INC., A FLORIDA CORPORATION, FOR DISASTER RECOVERY SERVICES, WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR CONFLICTS, FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 8. BIDS AND REQUESTS FOR PROPOSALS Dania Beach City Commission Agenda—May 13, 2008 Page 4 of 8 9. PUBLIC HEARINGS 9.1 ORDINANCE#2006-022 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE LOCAL COMPREHENSIVE PLAN TO ACCOMMODATE A REQUEST MADE BY LEIGH ROBINSON KERR AND ASSOCIATES, INC., TO REDESIGNATE FROM "COMMUNITY FACILITIES" TO "MEDIUM DENSITY RESIDENTIAL" (12-13.5 DWELLING UNITS/ACRE) FOR PROPERTY LOCATED AT 4200 SW 54TH COURT, DANIA BEACH AND LEGALLY DESCRIBED IN EXHIBIT "A", A COPY OF WHICH IS ATTACHED TO THIS ORDINANCE; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) (Continued from April 8, 2008 and April 22, 2008) 9.2 ORDINANCE#2008-014 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE REQUEST MADE BY THE PROPERTY OWNERS, ARNOLD AND SHARON NEARN, TO REZONE PROPERTY GENERALLY LOCATED SOUTH OF 1496-1502 SOUTH DIXIE HIGHWAY, DANIA BEACH, FLORIDA, AND LEGALLY DESCRIBED IN EXHIBIT "A", A COPY OF WHICH IS ATTACHED TO THIS ORDINANCE; CHANGING THE CURRENT ZONING CLASSIFICATION OF THE PROPERTY FROM RM-2 (MULTI-FAMILY RESIDENTIAL), TO C-3 (COMMERCIAL); SUBJECT TO CERTAIN RESTRICTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) 9.3 RESOLUTION 92008-063 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE VARIANCE REQUEST SUBMITTED BY THE CITY OF DANIA BEACH PUBLIC SERVICES DEPARTMENT FROM CHAPTER 26, "VEGETATION", SECTION 26-48, "INTERIOR LANDSCAPING FOR ALL VEHICULAR USE AREAS", FOR PROPERTY LOCATED AT 1201 STIRLING ROAD, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (Continued from April 22, 2008) 9.4 RESOLUTION#2008-071 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE VARIANCE REQUESTS SUBMITTED BY JEFF FALKANGER WITH THE FIRM FALKANGER SNYDER MARTINEAU AND YATES, ARCHITECTS, REPRESENTING DCOTA DEVELOPMENT COMPANY LTD., PARTNER, C/O COHEN BROTHERS REALTY, FROM CHAPTER 28, "ZONING", ARTICLE 28, "SIGNS", FOR PROPERTIES Dania Beach City Commission Agenda—May 13, 2008 Page 5 of 8 LOCATED AT 1815 - 1825 — 1855 — 1875 GRIFFIN ROAD, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER,PROVIDING FOR AN EFFECTIVE DATE. 9.5 RESOLUTION#2008-072 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE VACATION REQUEST (VC-15-06) SUBMITTED BY RUSSELL HAYSON, REPRESENTING THE PROPERTY OWNER CRAIG LEONARD, TO VACATE AND RELOCATE A DRAINAGE EASEMENT, FOR PROPERTY LOCATED AT 345 NE 3RD AVENUE, AND LEGALLY DESCRIBED IN EXHIBIT "A", A COPY OF WHICH IS ATTACHED TO THIS RESOLUTION; ACCEPTING THE RELOCATED DRAINAGE EASEMENT ON BEHALF OF THE CITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 9.6 RESOLUTION#2008-073 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE REQUEST FOR MODIFICATIONS TO A SITE PLAN AND WAIVER, APPROVED BY RESOLUTION 2007-208 ON OCTOBER 23, 2007, SUBMITTED BY NICK ECONOMOS ON BEHALF OF THE PROPERTY OWNER, GRIFFIN ROAD PARTNERS, LLC, FOR PROPERTY GENERALLY LOCATED AT THE NORTHEAST CORNER OF GRIFFIN ROAD AND RAVENSWOOD ROAD, (2081 GRIFFIN ROAD), IN THE CITY OF DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 9.7 RESOLUTION#2008-074 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE REQUEST SUBMITTED BY PROPERTY OWNER CLARE VICKERY TO REMOVE THE TIME LIMITATION ATTACHED TO VARIANCE VA-13-05 DATED MAY 10, 2005, APPROVED BY RESOLUTION NO. 2005-074, WHICH IS SET TO EXPIRE ON JANUARY 17, 2009, FOR PROPERTY LOCATED AT 47-49 NORTH FEDERAL HIGHWAY, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 9.8 RESOLUTION#2008-079 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE MAY 7, 2008 REQUEST SUBMITTED BY PROPERTY OWNER STEVEN CASPER, FOR AN APPROVAL OF A WAIVER FROM CHAPTER 28, "ZONING", ARTICLE 6.64, "PRINCIPAL ARTERIAL COMMERCIAL DESIGN (PAD) STANDARDS OVERLAY", FOR PROPERTY LOCATED AT 34-38 SOUTH FEDERAL HIGHWAY, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Dania Beach City Commission Agenda—May 13, 2008 Page 6 of 8 9.9 RESOLUTION#2008-080 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, CALLING FOR AN ELECTION TO BE HELD ON TUESDAY, NOVEMBER 4, 2008 ON THE PROPOSED SALE OF CITY PROPERTY KNOWN AS THE BOISEY-WAITERS PROPERTY (CONSISTING OF TWO SEPARATE BUT RELATED PARCELS OF LAND LOCATED ON THE SOUTH SIDE OF STIRLING ROAD ON BOTH THE EAST AND WEST SIDES, RESPECTIVELY, OF THE C-10 CANAL IN THE CITY OF DANIA BEACH); PROVIDING FOR SUBMISSION TO THE ELECTORS FOR APPROVAL OR DISAPPROVAL OF THE QUESTION OF WHETHER OR NOT THE CITY MAY SELL THE PROPERTY; PROVIDING FOR REQUISITE BALLOT LANGUAGE, PROCEDURES FOR BALLOTING AND NOTICE; PROVIDING FOR RELATED MATTERS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 9.10 RESOLUTION#2008-081 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, PROVIDING FOR TWO (2) NON-BINDING STRAW BALLOT MEASURES TO BE PRESENTED TO THE ELECTORS OF THE CITY AFFECTING THE CITY CHARTER 1) TO DETERMINE IF THERE IS SUPPORT FOR A CHANGE OF THE GENERAL MUNICIPAL ELECTION OF CITY COMMISSIONERS FROM MARCH (OF ODD- NUMBERED YEARS) TO NOVEMBER (OF EVEN-NUMBERED YEARS) WHICH IS THE GENERAL ELECTION DATE IN BROWARD COUNTY AND 2) TO DETERMINE IF THERE IS SUPPORT AS TO WHETHER THE MAYOR-COMMISSIONER SHOULD BE ELECTED FOR A TWO (2) YEAR TERM RATHER THAN A ONE (1) YEAR TERM AS PRESENTLY PROVIDED BY THE CHARTER; PROVIDING FOR SUCH QUESTIONS TO BE SUBMITTED TO THE ELECTORS IN CONJUNCTION WITH THE GENERAL ELECTION HELD IN BROWARD COUNTY ON TUESDAY, NOVEMBER 4, 2008; PROVIDING REQUISITE BALLOT LANGUAGE FOR SUBMISSION TO THE ELECTORS; PROVIDING FOR NOTICE OF ELECTION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING AN EFFECTIVE DATE. 10. COMMISSION COMMENTS 10.1 Commissioner Anton 10.2 Commissioner Bertino 10.3 Commissioner Flury 10.4 Vice-Mayor Castro 10.5 Mayor Jones Dania Beach City Commission Agenda—May 13, 2008 Page 7 of 8 11. DISCUSSION AND POSSIBLE ACTION 11.1 Water pipes in the NE and Melaleuca areas—Commissioner Anton 11.2 City Commission Summer Break 12. APPOINTMENTS 12.1 Airport Advisory Board(15 Members—3 per Commissioner—2 Year Term) Commissioner Bertino— 1 appointment 12.2 Grant Advisory Board (5 Members — 1 per Commissioner— Term consistent with the duration of the term of the appointing Commissioner) Mayor Jones— 1 appointment Vice-Mayor Castro— 1 appointment Commissioner Anton— 1 appointment Commissioner Bertino— 1 appointment Commissioner Flury— 1 appointment 12.3 Human Relations Board (10 Members—2 per Commissioner—2 Year Term) Commissioner Bertino— 1 appointment Vice-Mayor Castro— 1 appointment 12.4 Nuisance Abatement Board (5 Regular and 2 Alternate Members — 1 per Commissioner—Alternates by entire Commission—2 Year Term) 2 Alternate positions 12.5 Unsafe Structures Board 9 Members appointed b City Commission—3 Year Term ( PP Y Y ) Registered Architect Real Estate Appraiser Citizen with experience and background in the field of Social Problems 13. ADMINISTRATIVE REPORTS 13.1 City Manager 13.2 City Attorney Dania Beach City Commission Agenda—May 13, 2008 Page 8 of 8 13.3 City Clerk-Reminders Thursday, May 15, 2008 —6:00 p.m. Abatement Hearing Tuesday, May 27, 2008 —7:00 p.m. City Commission Meeting Wednesday, June 4,2008—6:00 p.m. CRA Board Meeting 14. ADJOURNMENT OFFICE OF THE MAYOR CITY OF DANIA BEACH 4us. sash;crz�=.r: PROCLAMATION WHEREAS, Leberta "Chickie" Brandimarte was born in Matawan, New Jersey over seventy years ago; and WHEREAS, Chickie Brandimarte raised two fine sons, Leon and Angelo Strello and loves her two grandchildren from Angelo,Juliet and Rachel, ages five and three respectively; and WHEREAS, Chickie Brandimarte retired to Dania Beach, Florida in 1998, and at the time there were only four members to the local Citizens on Patrol(COPS)program; and WHEREAS, through the efforts of Chickie Brandimarte and others, the number of COPS members mushroomed instantly to eighty-four new members, having an immediate impact of reducing crime by thirty-two percent; and WHEREAS, more people have graduated from the COPS program since that time, providing a more secure environment for Seniors and Dania Beach residents; and WHEREAS, Chickie Brandimarte and the City of Dania Beach received positive press coverage about this feat, including a story in the Woman's World,August 1 Os', 1999 edition; and WHEREAS, Chickie Brandimarte has actively participated in the community over the years including serving on the Board of Directors for Meadowbrook, founding the Dania Beach Men & Women's Club,marched with Turn Around Dania,and served as a certified nurse and security guard; and WHEREAS, Chickie Brandimarte was recognized as Broward's Citizen of the Year in 2001, served as President of the Dania Beach Seniors Club providing programming for Dania Beach Seniors, including Medicare & Social Security, Estate Planning, Health Fairs with flu shots, day trips to local amusement centers; and WHEREAS, Chickie Brandimarte has taken up a new cause to provide security cameras to the Meadowbrook condominiums in an effort to assure the safety and security of the residents; NOW, THEREFORE, I, Albert C. Jones, as Mayor, and on behalf of the City Commission and the residents of the City of Dania Beach, Florida,hereby proclaim May 13,2008 as: "Chickie Brandimarte Seniors Day" ATTEST: LOUISE STILSON, CMC ALBERT C.JONES CITY CLERK MAYOR MINUTES OF REGULAR MEETING DANIA BEACH CITY COMMISSION TUESDAY, APRIL 22, 2008 — 7:00 P.M. 1. Call to Order Mayor Jones called the meeting to order at 7:00 p.m. 2. Invocation and Pledge of Allegiance Reverend Timothy Shellman, Sr., St. Ruth Missionary Baptist Church, gave the invocation followed by the Pledge of Allegiance to the United States Flag. 3. Roll Call Present: Mayor: Albert Jones Vice-Mayor: Anne Castro Commissioners: Bob Anton John Bertino Patricia Flury City Manager: Ivan Pato City Attorney: Thomas Ansbro City Clerk: Louise Stilson 4. Presentations and Special Event Approvals 4.1 Results of Citizen Satisfaction Survey—City Manager Ivan Pato City Manager Pato presented a PowerPoint with the results of the Citizen Satisfaction Survey, which is attached to and incorporated into these minutes. He requested that the following comments be included in the record: "The City has accomplished more in six years than the City has seen in decades, much of the credit goes to our elected officials and our staff. During the past six years many complicated and difficult challenges were met head on. Among the many accomplishments: we re-established the City's financial footing, established the City's website which provides easy access to information and communications with the public and expanded our cable TV channel to re-broadcast our commission meetings on Thursdays, we addressed numerous and long overdue infrastructure needs, refurbished and upgraded our park facilities, remodeled and expanded City Hall, professionalized our code compliance efforts, addressed complicated collective bargaining issues, replaced outdated compensation plans, significantly reduced health care and recruiting costs, successfully obtained funding by the County for our downtown library, and we are building a new fire station out west. We purchased 109 Park St., a critical property that will facilitate construction of the library and the governmental campus concept. All this will ignite the much needed redevelopment of our downtown. It appears we missed our previous window of opportunity. We have failed to spur redevelopment and promote economic development, the Dania Jai Alai Casino is on hold and the economy is in a recession, however, with the CRA Director now on board we are moving in the right direction, this will position the City rightly when the market turns around. While we may not always agree, there is no doubt that this management team as a whole has moved the City forward. Clearly there is room for additional improvements, but as the recent Citizen Satisfaction Survey suggests, we are definitely on the right track. Citizen perception of our services has improved and great strides are being made in each department. We have rattled some cages and ruffled some feathers; obtaining a consensus in this City can be quite difficult, these are predictable results of change. Considering the magnitude of the advances made in the City, our ability to maintain an even keel has been quite extraordinary. You are aware of the many challenges facing you and this City, not just in the financial arena but also with redevelopment, the many unfunded mandates coming out of Tallahassee, difficult collective bargaining issues and declining revenues. We also face challenges with Broward County such as the expansion of the airport and a TIF-less CRA. As you know, I have built strong relationships with several County Commissioners; I believe that will help us deal more effectively with the County when difficult issues arise. We have also built better relations with the City of Hollywood, Florida Department of Transportation, South Florida Water Management District and other agencies. We face challenging times, it is important that we continue our commitment to the goals you have set and maintain the strength and unity of your executive team. We need to stay the course." Commissioner Flury noted one of the most important gauges is to see how we compare with other cities and suggested we look at areas that need improvement and implement a plan. Commissioner Bertino pointed out that Dania Beach is the oldest city in Broward County, and therefore it will take some time for us to catch up to the newer cities. Mayor Jones stressed the importance of giving the citizens of Dania Beach an opportunity to voice their opinion. He was pleased to see that we are moving in the right direction. 5. Proclamations 5.1 National Public Works Week Minutes of Regular Meeting 2 Dania Beach City Commission Tuesday,April 22,2008—7:00 p.m. Mayor Jones presented the National Public Works Week proclamation to Dominic Orlando, Director of Public Services, and staff from the Public Services Department. 6. Citizen Comments Jennifer Calderon, 6955 NW 186`h Street Apt. #F111,noted she received a water bill for $800 for one month. She stated tenants are living in the duplex, but the plumber noticed a leak on an outside pipe. Ms. Calderon asked the Commission if they could do something about her bill. The Commission told Ms. Calderon to contact the City Manager. Commissioner Flury commented that staff should know that the City Manager should first deal with these issues before it comes to the City Commission. City Manager Palo noted he would look into the matter. He further indicated that we should revise the Ordinance because the current one does not give him any discretion other than to waive the sewer portion of the bill. Fay Bartelmes, 214 SW 2nd Terrace, commented on the passing of Dr. Helen Udell, a very active member of our community. A memorial will be held at Frost Park on Saturday, April 26, from 2:00 to 6:00 p.m. Scott Stuart, 5431 SW 44`h Avenue, commented on Item #9.1, and said that 50% of the residents are not owners. He asked the City for help in contacting the owners of the properties who are non-residents. Mr. Stuart noted the neighbors he has contacted have shown a very positive attitude regarding the traffic control situation in that area. Commissioner Bertino advised that the property owner information could be found on the Property Appraiser's Website and through the tax rolls. Vice-Mayor Castro wondered if the City could provide a letter asking the property owners to contact the City if they had any objections. The Commission agreed for the City to prepare a letter for Mr. Stuart's group to mail. Patricia Tyra, 2912 SW 54`h Street, Estates of Fort Lauderdale, thanked City staff for the tour of the City. 7. Consent Agenda Items added to Consent Agenda:Item #7.7 and Item #9.2 was moved to the Consent Agenda Items removed from Consent Agenda: #7 3, #7.5, #7.6, #9.2 7.1 Minutes: Approve Minutes of April 8, 2008 City Commission meeting Minutes of Regular Meeting 3 Dania Beach City Commission Tuesday,April 22,2008—7:00 p.m. 7.2 Travel Requests: Request of Jeremy Earle, CRA Director, to attend the American Planning Association Annual Conference and Training in Las Vegas, NV, from April 26, 2008 —May 2, 2008 (Estimated cost $2,455.50) (Continued from April 8, 2008) Request of Albert Jones, Mayor, and Ivan Pato, City Manager, to travel to Tallahassee, Florida on April 23-24, 2008 (Estimated cost $630.00/per person; remaining budget: Mayor & Commission$1,635.00, City Manager$5,684.00) Request of Ivan Pato, City Manager, to attend the FCCMA Conference in Marco Island, FL, from May 28-31, 2008 (Estimated cost $1,002.00; remaining budget $4,682.00) Request of Louise Stilson, City Clerk, to attend the 2008 FACC Annual Conference in Naples, FL, from June 29-July 2, 2008 for certification purposes (Estimated cost $803.70) Resolutions 7.3 RESOLUTION#2008-062 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO APPLY FOR, ACCEPT IF AWARDED, AND EXECUTE AN AGREEMENT (INCLUDING TIME EXTENSIONS) WITH THE FLORIDA INLAND NAVIGATION DISTRICT WATERWAYS ASSISTANCE PROGRAM FOR GRANT ASSISTANCE PERTAINING TO THE CITY OF DANIA BEACH MARINA RENOVATION AND EXPANSION PROJECT; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution#2008-062. City Attorney Ansbro responded for Commissioner Flury that there will be a meeting with the FAU attorney on Friday, April 25, although a decision has not yet been reached. He noted the Mayor should meet with Mr. Brogan to try to move this matter forward. Mayor Jones advised he has not received a return call from FAU President Brogan, but will continue to call every day until someone gets back to us. Commissioner Anton volunteered to contact President Brogan again. Commissioner Flury motioned to adopt Resolution #2008-062; seconded by Commissioner Bertino. The motion carried on the following 5-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Castro Yes Commissioner Bertino Yes Mayor Jones Yes Commissioner Flury Yes Minutes of Regular Meeting 4 Dania Beach City Commission Tuesday,April 22,2008—7:00 p.m. 7.4 RESOLUTION#2008-064 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, CREATING THE GRANT ADVISORY BOARD; PROVIDING FOR THE APPOINTMENT AND TERMS OF MEMBERS, AS WELL AS DUTIES AND RESPONSIBILITIES; PROVIDING ASSURANCES; PROVIDING FOR CONFLICTS,PROVIDING FOR SEVERABILITY;FURTHER PROVIDING FOR AN EFFECTIVE DATE. 7.5 RESOLUTION#2008-066 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, PROVIDING AN ANNUAL BUDGET AND APPROPRIATION OF FUNDS FOR FISCAL YEAR 2007-2008 FOR THE COMMUNITY REDEVELOPMENT AGENCY;PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution#2008-066. Vice-Mayor Castro noted she has been in touch with our CRA attorneys and although this is good as a temporary measure, the CRA needs to operate as its own entire legal entity. She commented that for the upcoming budget we have to do things the right way, such as charging the CRA for Mr. Earle's office space, and any other legal and financial issues. Vice-Mayor Castro further stated that the CRA needs to adopt its own policies in accordance with the law. Commissioner Bertino would like Attorney Moskowitz to lay out the procedure that the CRA should follow to be legally correct. Vice-Mayor Castro motioned to adopt Resolution #2008-066; seconded by Commissioner Anton. The motion carried on the following 5-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Castro Yes Commissioner Bertino Yes Mayor Jones Yes Commissioner Flury Yes 7.6 RESOLUTION#2008-065 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE A FOURTH AMENDMENT TO THE LEASE AGREEMENT EXISTING BETWEEN THE CITY OF DANIA BEACH AND DANIA BEACH GRILLE, INC. TO GRANT AN ADDITIONAL OPTION TO THE TENANT TO EXTEND THE LEASE ANOTHER FIVE (5) YEARS FROM FEBRUARY 15,2014 TO FEBRUARY 15,2019;PROVIDING FOR A RENTAL ADJUSTMENT BASED UPON A CONSUMER PRICE INDEX FORMULA;PROVIDING FOR CONFLICTS;FURTHER PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution#2008-065. Vice-Mayor Castro recognized Mr. Demas for being a good corporate citizen. She further asked for a provision to be included in the lease, stating that if the lease is extended for another ten years it can only be extended to Mr. Demas' heirs. City Attorney Ansbro clarified that the First Amendment to the agreement already covers this requirement. Minutes of Regular Meeting 5 Dania Beach City Commission Tuesday,April 22,2008—7:00 p.m. Commissioner Flury preferred that any change in ownership in the corporation come before the Commission. Louis Demas said he should not be punished by not being allowed to sell the corporation to another person. Commissioner Anton is comfortable with leaving the contract as is. He remarked Mr. Demas is a very good tenant who has on many occasions, helped the City by opening his business bathroom for the use of the general public. Commissioner Bertino noted Mr. Demas has placed a capital investment in the property, and agreed the contract is fine as it stands. Mayor Jones clarified with City Attorney Ansbro that if Mr. Demas sells the corporation to anyone other than his daughter, it needs to come before the Commission for approval. Vice-Mayor Castro motioned to adopt Resolution #2008-065; seconded by Commissioner Anton. The motion carried on the following 5-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Castro Yes Commissioner Bertino Yes Mayor Jones Yes Commissioner Flury Yes Addendum 7.7 RESOLUTION#2008-070 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO APPLY FOR, ACCEPT IF AWARDED, AND EXECUTE AN URBAN AND COMMUNITY FORESTRY GRANT MEMORANDUM OF AGREEMENT WITH THE STATE OF FLORIDA, DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, DIVISION OF FORESTRY; PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. Ordinances (Title read by City Attorney) 9.2 ORDINANCE#2008-014 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE REQUEST MADE BY THE PROPERTY OWNERS, ARNOLD AND SHARON NEARN, TO REZONE PROPERTY GENERALLY LOCATED ON THE SOUTH SIDE OF DIXIE HIGHWAY, SOUTH OF 1496-1502 SOUTH DIXIE HIGHWAY, DANIA BEACH, FLORIDA, AND LEGALLY DESCRIBED IN EXHIBIT "A", A COPY OF WHICH IS ATTACHED TO THIS ORDINANCE; CHANGING THE CURRENT ZONING CLASSIFICATION OF THE PROPERTY FROM RM-2 (MULTI-FAMILY RESIDENTIAL), TO C-3 (COMMERCIAL); SUBJECT TO CERTAIN RESTRICTIONS;PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) Minutes of Regular Meeting 6 Dania Beach City Commission Tuesday,April 22,2008—7:00 p.m Commissioner Anton motioned to adopt the Consent Agenda, with the addition of Item #9.2 and Item #7.7, and the exception of Items #7.3, #7.5, #7.6 and #9.2; seconded by Commissioner Bertino. The motion carried on the following 5-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Castro Yes Commissioner Bertino Yes Mayor Jones Yes Commissioner Flury Yes 8. Bids and Requests for Proposals There were no proposals at this meeting. 9. Public Hearings and Site Plans 9.1 ORDINANCE#2006-022 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE LOCAL COMPREHENSIVE PLAN TO ACCOMMODATE A REQUEST MADE BY LEIGH ROBINSON KERR AND ASSOCIATES, INC., TO REDESIGNATE FROM "COMMUNITY FACILITIES" TO "MEDIUM DENSITY RESIDENTIAL" (12-13.5 DWELLING UNITS/ACRE) FOR PROPERTY LOCATED AT 4200 SW 54T" COURT, DANIA BEACH AND LEGALLY DESCRIBED IN EXHIBIT"A",A COPY OF WHICH IS ATTACHED TO THIS ORDINANCE;PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) (Continued from April 8,2008) City Attorney Ansbro read the title of Ordinance #2006-022, and noted that the applicant requested a continuance until the May 13, 2008 City Commission meeting. Mayor Jones opened the Public Hearing. Seeing as there was no one to speak in favor or opposition, he closed the Public Hearing. Commissioner Anton motioned to continue Ordinance #2006-022 until the May 13, 2008 City Commission meeting at 7:00 p.m.; seconded by Commissioner Bertino. The motion carried on the following 5-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Castro Yes Commissioner Bertino Yes Mayor Jones Yes Commissioner Flury Yes 9.2 ORDINANCE#2008-014 Moved to Consent Agenda AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE REQUEST MADE BY THE PROPERTY OWNERS, ARNOLD AND SHARON NEARN, TO REZONE PROPERTY GENERALLY LOCATED ON THE SOUTH SIDE OF DIXIE HIGHWAY, SOUTH OF 1496-1502 SOUTH DIXIE HIGHWAY, DANIA BEACH, FLORIDA, AND LEGALLY DESCRIBED IN EXHIBIT "A", A COPY OF WHICH IS ATTACHED TO THIS ORDINANCE; CHANGING THE CURRENT ZONING CLASSIFICATION OF THE PROPERTY FROM RM-2 (MULTI-FAMILY RESIDENTIAL), TO C-3 (COMMERCIAL); SUBJECT TO Minutes of Regular Meeting 7 Dania Beach City Commission Tuesday,April 22,2008—7:00 p.m. CERTAIN RESTRICTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) 9.3 RESOLUTION#2008-059 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE DELEGATION REQUEST SUBMITTED BY JILL COHEN OF MILLER LEGG AND ASSOCIATES ON BEHALF OF THE PROPERTY OWNER, MARINA MILE PARK OF COMMERCE, LLC, TO CHANGE THE RESTRICTIVE NOTE ON THE PLAT KNOWN AS THE "ISGETTE'S RUNWAY" PLAT, PREVIOUSLY RECORDED IN PLAT BOOK 158, PAGE 18, AND GENERALLY LOCATED AT THE EAST SIDE OF SW 30TH AVENUE, SOUTH OF STATE ROAD 84; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (Continued from April 8,2008) City Attorney Ansbro read the title of Resolution#2008-059. Corinne Lajoie, AICP, Principal City Planner, advised the request was to change the note on the plat to allow an office and vocational technical school. She further clarified that the vocational school would not be tax exempt. Mayor Jones opened the Public Hearing. Seeing as there was no one to speak in favor or opposition, he closed the Public Hearing. Vice-Mayor Castro motioned to adopt Resolution #2008-059; seconded by Commissioner Bertino. The motion carried on the following 5-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Castro Yes Commissioner Bertino Yes Mayor Jones Yes Commissioner Flury Yes 9.4 RESOLUTION#2008-063 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE VARIANCE REQUEST SUBMITTED BY THE CITY OF DANIA BEACH PUBLIC SERVICES DEPARTMENT FROM CHAPTER 26, "VEGETATION", SECTION 26-48,"INTERIOR LANDSCAPING FOR ALL VEHICULAR USE AREAS", FOR PROPERTY LOCATED AT 1201 STIRLING ROAD, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER,PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution#2008-063. Corinne Lajoie, AICP, Principal City Planner, noted this is a variance to reduce the required interior landscape area and the number of trees provided on site for the new Public Services Complex. The Planning and Zoning Board recommended approval of the request. Mayor Jones opened the Public Hearing. Seeing as there was no one to speak in favor or opposition, he closed the Public Hearing. Commissioner Anton motioned to adopt Resolution #2008-063; seconded by Commissioner Flury. Minutes of Regular Meeting 8 Dania Beach City Commission Tuesday,April 22,2008—7:00 p.m. Commissioner Flury noted we need to provide the necessary landscaping and increase the tree canopy at the Public Services Compound. She thought it would be in bad taste and unfair to people submitting this type of request, to approve this variance. Commissioner Flury remarked we should set the example. Dominic Orlando, Director of Public Services, responded that we need to include the Southwest Community Center on the same site and that is the reason for the variance request. He said we have parking problems as well as other issues with the Community Center on this site. Commissioner Anton suggested adding more trees around the Community Center. Director Orlando noted the only way to do that would be by taking away parking. Commissioner Bertino asked who owned the adjacent property to the south of the Public Services Complex. He thought we could ask the owners to let us plant some trees which would also benefit their property. Director Orlando advised the Jehovah's Witness organization own the property and they are willing to sell it. Discussion followed between Director Orlando and the Commission regarding the possibility of including trees along the Public Services property lines. Patty Hart, 517 NE 2nd Place, noted that Liberia Economic and Social Development (LES) is purchasing the Jehovah's Witness property. She suggested City staff contact Henry Graham and ask him if they would be willing to let the City plant some trees which would improve their property as well. Commissioner Anton withdrew his motion. Commissioner Bertino volunteered to contact LES and get Director Orlando involved in their discussion. Vice-Mayor Castro motioned to continue Resolution #2008-063 until the May 13, 2008 City Commission meeting at 7:00 p.m.; seconded by Commissioner Bertino. The motion carried on the following 5-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Castro Yes Commissioner Bertino Yes Mayor Jones Yes Commissioner Flury Yes 10. Commission Comments Heard after Discussion Items 10.1 Commissioner Anton Minutes of Regular Meeting 9 Dania Beach City Commission Tuesday,April 22,2008—7:00 p.m. Commissioner Anton complimented the Public Services Department for their continuous efforts to serve the needs of the citizens of Dania Beach. He further noted that there were a few negative comments on the Citizen Satisfaction Survey regarding some of the street services. Commissioner Anton did not want people to get the wrong impression and clarified that there are a lot of issues we have dealt with in that department due to our old infrastructure. Commissioner Anton commented he attended the Airport Part 150 Scoping Group meeting which deals with the mitigation for the damages caused by noise and pollution with the proposed expansion of the Airport south runway. He noted they are looking for volunteers to sound proof their homes and sign away the Aviation Easements to the airspace over their house, even if it causes serious damage. This group is supposed to bring back cost estimates in two weeks. 10.2 Commissioner Bertino Commissioner Bertino commented on the passing of Dr. Helen Udell, a life-long resident of our City. Commissioner Bertino noted the Relay for Life event had an excellent turnout. He was pleased to see our community contributing to such a good cause. Commissioner Bertino has received several calls from citizens asking why the State is ripping out the old curbs and replacing them with new curbs, when they were not broken. He asked if anyone had an answer to this. Dominic Orlando noted that in order to make this section of the City ADA compliant, they are having a slightly different elevation. He indicated that everything will be square and plumb, they will also be installing new medians, landscaping and resurfacing. Director Orlando confirmed for Commissioner Flury that the entire work should be completed within 240 days from the beginning of the project. 10.3 Commissioner Flury Commissioner Flury complimented the Relay for Life organizers for putting together a great event. 10.4 Vice-Mayor Castro Vice-Mayor Castro left the meeting at 8:35 p.m. 10.5 Mayor Jones Mayor Jones noted that he, together with City Manager Pato and CRA Director Earle, spoke at the Lions Club and they were very appreciative for their attendance. Mayor Jones noted he attended the Plywood Regatta which was held at the Beach on April 19- 20. Minutes of Regular Meeting 10 Dania Beach City Commission Tuesday,April 22,2008—7:00 p.m. Mayor Jones commented he attended the Willow Manor Retirement Home 32"a Anniversary event. He commended the facility's administration for doing a great job. Mayor Jones noted the Relay for Life event was very successful. 11. Discussion and Possible Action Heard before Commission Comments 11.1 Limousines of South Florida Agreement Withdrawn from Agenda 11.2 Designated smoking areas for Parks Ordinance—Kristen Jones, Director of Parks and Recreation Kristen Jones, Director of Parks and Recreation, noted all of our Parks are going green. She asked the Commission if we could designate smoking areas in the parks, especially around the playground areas. Director Jones advised some cities have already implemented this law. It was the consensus of the Commission for Director Jones to bring forth a plan for consideration. Director Jones responded for Commissioner Flury that drinking is prohibited at all parks. She further noted that she is working on preparing one consolidated sign for the parks that would help people find the information they need. 11.3 Election Date Changes—Mayor Jones Mayor Jones noted this idea has been discussed several times, but nothing has been done. He hoped for an opportunity to bring an action to move forward. Mayor Jones pointed out that if we move the Elections to November, we could have a better voters' turnout. He finally noted that due to the way economy currently is, we need to be fiscally responsible and implement whatever measures are necessary to save taxpayer money. Commissioner Anton foresees the lack of a primary as a drawback because too many candidates would be tanning, therefore he would like the voters to make a decision on it. Commissioner Anton commented that a lot of people vote on national elections, but not on municipal elections, although the local politicians are the ones who deal with the people's quality of life issues. Commissioner Flury noted the cost is not her great concern because elections are important to municipalities. She pointed out that it is difficult for new people to get elected without a primary election, since the incumbent will generally win. Commissioner Bertino does not want to do away with the primary election. He noted that the national ballot contains too many items and people lose interest in the municipal elections. Minutes of Regular Meeting 11 Dania Beach City Commission Tuesday,April 22,2008—7:00 p.m. Vice-Mayor Castro noted that she would like statistics on how many people do not vote the whole ballot. She suggested we contact the Supervisor of Elections office for this information. Vice-Mayor Castro also feels the primary election is important because it serves as a filter to allow the stronger candidate to win. She was not in favor of seats or districts, although we may have to do that if we move to November. Vice-Mayor Castro suggested we place several questions on the straw ballot to delineate what our concerns are or prepare a survey before November. Mayor Jones noted the Commission did not act on the suggestions made by the Charter Review Board in 2004. He noted the primary election was not beneficial to African Americans in the past. Mayor Jones would like to hear how the voters feel about the proposed changes. Vice-Mayor Castro proposed non-binding ballot questions which would include: the high costs of the election, moving the election to November, and the possibility of eliminating the primary. Vice Mayor Castro left the meeting at 8:35 p.m. Commissioner Anton reiterated that voters do not pay attention to local candidates during national elections. He stressed the importance of having new people become part of our municipal government. Commissioner Bertino suggested including a question on the ballot asking the voters if they would be in favor of cutting services and maintaining a lower tax or vice-versa. Commissioner Flury would like to review the election questions before they go on the ballot. She thought the questions should read: "the Commission is considering....; would you be interested or in favor of..." Commissioner Anton noted there are a lot of issues to be discussed and thought the statistical data from the Supervisor of Elections office would be very useful. City Attorney Ansbro noted that if the Commission is willing to sell Boisey Waiters as surplus property, it would need to be a referendum question. It was the consensus of the Commission to place the Boisey Waiters property on the ballot. Mayor Jones noted we could also ask the people about extending the Mayor's position to a 2- year term. He commented this would provide Mayors the opportunity to follow through on things they would like to get accomplished during their tenure. Commissioner Bertino pointed out that the Dania Beach Charter specifically designates five Commissioners. The Mayor is a ceremonial position, so if we want the Mayor to have more power than the rest of the Commissioners, we would need to make it an elected Mayor. He thought that if we make the Mayor's position a 2-year term, you bring a fagade of power to a position that our Charter never intended it to be. Minutes of Regular Meeting 12 Dania Beach City Commission Tuesday,April 22,2008—7:00 p.m. Commissioner Anton noted that people look at the Mayor as a recognized leader of the City, irrespective of the power. He thought the smart way to go was to have a Mayor-Commissioner for a 2-year tern only, with no additional power. Commissioner Flury clarified that the Vice-Mayor should not be 2-year term position. She would agree to a 2-year term for the Mayor's position only. It was the consensus of the Commission to include the 2-year Mayor question on the ballot. Commissioner Bertino would like people to run for the position of Mayor so the citizens of Dania Beach vote for the person they want to be their Mayor. 12. Appointments There were no appointments at this meeting. 13. Administrative Reports 13.1 City Manager City Manager Palo had no comments. 13.2 City Attorney City Attorney Ansbro had no comments. 13.3 City Clerk—Reminders Wednesday, May 7,2008—6:00 p.m. CRA Board Meeting followed by a City Commission Workshop—Site Plan Review Tuesday, May 13, 2008— 7:00 p.m. City Commission Meeting Thursday, May 15, 2008 —6:00 p.m. Abatement Hearing Tuesday, May 27, 2008—7:00 p.m. City Commission Meeting 14. Adiounnnent Mayor Jones adjourned the meeting at 9:06 p.m. ATTEST: CITY OF DANIA BEACH LOUISE STILSON, CMC ALBERT C. JONES CITY CLERK MAYOR-COMMISSIONER Minutes of Regular Meeting 13 Dania Beach City Commission Tuesday,April 22,2008—7:00 p.m. CITY OF DANIA BEACH Agenda Item # 7 OR Agenda Request Item Date of Commission Meeting: 5-13-2008 Public Hearing ❑ Adopt Resolution ❑X Adopt Ordinance(1st Reading) ❑ Adopt Ordinance (2nd Reading) ❑ Award Bid/RFP ❑ Presentation ❑ Continued from: ,m lm9 � °N��. Iyalgv!' i E}� ... G-iiii �i,{�'�d uii 5!g��''Ff".sly§ i .�c har m N 3 .,.,n;...... t! .S y� .,!iliv, �v:' �__..%:�d,'',t,_a�� ,�3v ixvl,. .°.. i�'. :�r.,. _' Ali Approved interlocal agreement amendment with Broward County for local option gas tax 09— T " 'f '+'ngd jp° ° .E,� i r,.,a rEprm.rvm �y 9Mun�7 E- h r$'' ,E luJ {1 i li 1 !E'ii� �41 se''kT i'H_2 Etiyj�-liNT.3_ 4 h S`Ca!.'v iC, J. 4 E MR -gffl :,:Cm _ ...�.. a:. ISkii Required by Broward County T i !l �1i w !` Ei E�`�� NY3!'i a!o- �a°G Ei W ! !! ...!„ IN._ r! €, �iE .._G,:.,.....,E Tk�. .......,�Shvs.a,d .!�-.�.,::aMAN,�. 1.l. '� _....,;p„r, :' City receives allocation of local option gas tax to fund streets division expenditures x�,. .,: w, ,n�.usr•:: .s.... _. '........E . r'',`sr i 'E � ! '� 1`E• j°"',v .,1,a v. da i�!c-,nxl TIME' i ..v ,�.m Dept: Acct#: Amt: Fund: General: ❑X water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ ! . 3! � 'ik4� � NilEExl. rr• ��J W�.ls5� EYIEEf�r.6 i � i8 .. �, l,E a, P ,a.e el ......,:»..a ry r� .,F ., e1° 0�, .1,. .. Annually Broward County reviews its interlocal agreement with municipalities regarding the distribution of the local option gas tax for use for streets maintenance. The distribution is based on population of the municipality which is updated annually by the Bureau of Economic and Business Research from the University of Florida. The FY 2009 distribution for the City of Dania Beach is .6332027% compared to .617133% in FY 2008. °I see Prv� r, e s t R ,,.vva' s ,l'...t^'I._,x.Im^....;I,,�: c v Pz t i e r .,.a�-„ R.eme. ,met„>r, t� PU9"ti�M.,!{ ._ tt'E.S nr:a e rti' v@&tz t ,t s UIm3 .....F'IIv si!! ut is lI .,M , . iPsL s: P t' Pity am r,t, .,h ....r . _ . pd ... ,MGM Letter from Broward County Resolution Agreement —Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 , tm'?PrI �+y �`v, +, I `+=ltfrh F s Ivt .: v r t lhll _r't E �i ':yP,!vW I MI v6 r§k y 't I CHN u, ...5: .-: ,:i TI #l$t".?:C"x.._..i3 .ae...fwu .i tl Li! 4 ...m.�..., ..tS.v,.R :3'P"it�Il i:.eeieµY�v ..}'.i¢ ... Submitted by Patricia Varney Date 04/21/08 Department Director Date Assistant City Manager Date HR Director Date Finance Director Patricia Varney Date 04/21/08 City Attomev Thomas J. Ansbro Date 04/21/08 City Manager Ivan Pato Date 04/21/08 User Creating Item Item Name (do not use/or\ in name) Patty Varney 2009 Local Option Gas Tax w �y t !I S n ! Ir �TiI3 {ivk�Iotiiri{Emr '."' !—P i��v wail MIA{ Ii�; i1 I4!'73t r ti it v '� ;ph�ii, ryryy,,sRk a.I,I`: ,,,,. ,., ,.,c +_!::u' -�s. !; xinar';i. ..�,_ 7,'91s,,P{`=,.svl k.. rl �,v � ;!il. Commission Action: Approved: ❑ Denied: ❑ Continued to: ❑ B ARD .r; ,.;.. COUNTY Office of Management and Budget 115 S.Andrews Avenue,Room 404•Fort Lauderdale,Florida 33301 •954-357-6345"FAX 954-357-6364 April 18, 2008 Dear Municipality: Attached are amendments to three interocal agreements requiring approval by your municipal governing board no later than June 1, 2008 per State Statute. The attached amendments are required in order to 1) revise population figures, and 2) increase the Cities' share of gas taxes to compensate for annexation. Summary of Amendments The three interlocal agreements and amendments are described below: • The "original" local option gas tax agreement adopted in 1983 provides for Cities to receive 37.5%of the proceeds of six cents of gas tax. The 2008 amendment adjusts each City's percentage share of the 37.5%based on updated population figures. • The "additional" local option gas tax agreement adopted in 1993 now provides for Cities to receive 51.27% of three cents of gas tax. The Cities' share of this gas tax has increased over the years due to annexation. The 2008 amendment increases the Cities' share .01% from 51.26% to 51.27%. This increase ensures that the Cities' share of ten cents of gas tax is not negatively impacted by the annexations effective September 30, 2007. Each City's percentage share of the 51.27% is also adjusted based on updated population figures. • The"transit gas tax" agreement adopted in 2000 provides for Cities to receive 26%of the proceeds of one cent of gas tax. The 2008 amendment includes adjustments to each City's percentage share based on updated population figures. Revisions to Population Figures The three interlocal agreements provide for the distribution of gas taxes among the Cities based on population figures published annually by the University of Florida Bureau of Economics and Business Research. The interlocal agreements provide for the population numbers to be revised annually using the most current published figures. Increase in the Cities' Share of Gas Taxes Due to Annexation In 1997,the Board of County Commissioners approved a policy of increasing the Cities'share of local option gas taxes to take into account the population shift resulting from annexation. Only the three cent"additional" gas tax agreement is amended from 51.26%to 51.27% due to the pledge of 37.5%of the "original" local option gas tax for the repayment of the County's gas tax bonds and due to the commitment of 26%of the transit gas tax for city transit improvements. Even though the Cities'share of the"original" local option gas tax and the"transit" gas tax will not change,the .01% increase in the Cities'share of the three cent "additional" local option gas tax is calculated based on the full impact of annexation on all ten cents of shared gas taxes. The .01%increase results in a shift of approximately$2,400 to the Cities. Broward County Board of County Commissioners Josephus Eggelletion,Jr.•Sue Gunzburger•Kristin D.Jacobs•Ken Keechl•Ilene Lieberman•Stacy Ritter-:John E.Rodstrom,Jr.•Diana Wasserman-Rubin•Lois Wexler www.broward.org Please place the three amendments on the agenda for approval by the municipal governing board as soon as possible and return the signed agreements no later than May 23, 2008. The Amendments must be executed by all parties by June 1, 2008 per State Statute. If you have any questions about the amendments, please contact Maureen Shields from the County's Office of Management and Budget at 357-6358. Attached are copies of the above discussed amendments. Please return three executed originals of each amendment(twelve total)to: Lisette Murado, Executive Assistant Broward County Public Works Department One North University Drive Suite A-305 Plantation, FL 33324 Ph. (954)357-6410 Sincerely, Kayla Kayla Olsen, Director Office of Management and Budget KO:MCS:ls Attachments RESOLUTION NO. 2008-067 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE 2008 AMENDMENT TO THE INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY AND THE CITY OF DANIA BEACH; PROVIDING FOR DIVISION AND DISTRIBUTION OF THE PROCEEDS FROM THE LOCAL OPTION GAS TAX ON MOTOR FUEL ORDINANCE; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That that certain 2008 Amendment to the Interlocal Agreement between Broward County and the City of Dania Beach, providing for Division and Distribution of the Proceeds of the Broward County Local Option Gas Tax on Motor Fuel Ordinance, in substantial form as Exhibit "A", attached, is approved and the appropriate City officials are authorized to execute it. Section 2. That the City Manager and City Attorney are authorized to make minor revisions to the Amendment as are deemed necessary and proper for the best interests of the City. Section 3. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 4. That this Resolution shall be in force and take effect immediately upon its passage and adoption. PASSED and ADOPTED on 2008 ATTEST: LOUISE STILSON, CMC ALBERT C. JONES CITY CLERK MAYOR-COMMISSIONER APPROVED AS TO FORM AND CORRECTNESS: BY: THOMAS J. ANSBRO CITY ATTORNEY 2008 AMENDMENT to INTERLOCAL AGREEMENT between BROWARD COUNTY and CITY OF DANIA BEACH providing for DIVISION AND DISTRIBUTION OF THE PROCEEDS OF THE LOCAL OPTION GAS TAX IMPOSED BY THE BROWARD COUNTY LOCAL OPTION GAS TAX ORDINANCE This is the 2008 Amendment to Interlocal Agreement, made and entered into by and between: BROWARD COUNTY, a political subdivision of the state of Florida, hereinafter referred to as "COUNTY," AND DANIA BEACH, a municipal corporation, existing under the laws of the state of Florida, hereinafter referred to as "MUNICIPALITY." WHEREAS, Section 336.025(1)(a), Florida Statutes, authorizes the counties to extend the levy of the six (6) cent local option gas tax upon every gallon of motor fuel and special fuel sold in Broward County for a period not to exceed thirty (30) years on a majority vote of the governing body of the COUNTY; and WHEREAS, on June 14, 1988, the Board of County Commissioners enacted Ordinance No. 88-27, effective September 1, 1988, through August 31, 2018, pursuant to Section 336.025(1)(a), Florida Statutes, extending the levy of the six cent local option gas tax for thirty years and providing for a method of distribution of the proceeds of the tax; and WHEREAS, pursuant to the ordinance, the method for distribution of the proceeds is the execution of an interlocal agreement with one or more of the municipalities representing a majority of the population of the incorporated area within the county which establishes the distribution formulas for dividing the proceeds of the RESOLUTION#2008-067 tax among the county and all eligible municipalities within the county, as set forth in Section 336.025(3)(a)1, Florida Statutes; and WHEREAS, paragraph 4 of the Interlocal Agreement, as amended by the Addendum to the Interlocal Agreement and the prior amendments, requires annual adjustment of the population of the individual municipalities and unincorporated Broward County in accordance with the population figures set forth in the most current edition of "Florida Estimates of Population," published by the Bureau of Economics and Business Research, Population Division, University of Florida; NOW, THEREFORE, IN CONSIDERATION of the mutual terms, conditions, promises, covenants and payments hereinafter set forth, COUNTY and MUNICIPALITY agree as follows: 1. Paragraph 2 of the Interlocal Agreement, as amended by the Addendum thereto and the prior amendments, is amended to read as follows: 2. Sixty-two and Five tenths percent (62.5%) of said Local Option Gas Tax proceeds shall be distributed to the COUNTY, and the remaining Thirty-seven and Five tenths percent (37.5%) shall be divided among and distributed to the eligible municipalities within the COUNTY as follows: Population of Individual Municipality x 37.5% _ Total Incorporated Area Population FY 2009 Percent Recipient Share of Proceeds Coconut Creek 1.031979% Cooper City 0.640482% Coral Springs 2.777932% Dania 0.632027% Davie 2.000035% Deerfield Beach 1.623289% Fort Lauderdale 3.852682% Hallandale 0.817607% Hillsboro Beach 0.047588% Hollywood 3.060015% Lauderdale-by-the-Sea 0.132639% Lauderdale Lakes 0.691753% Lauderhill 1.375650% Lazy Lake 0.000878% Lighthouse Point 0.234709% Margate 1.191548% Miramar 2.391295% North Lauderdale 0.904863% RESOLUTION#2008-067 FY 2009 Percent Recipient Share of Proceeds Oakland Park 0.900838% Parkland 0.495856% Pembroke Park 0.124547% Pembroke Pines 3.272910% Plantation 1.827086% Pompano Beach 2.164871% Sea Ranch Lakes 0.015670% Southwest Ranches 0.181127% Sunrise 1.918795% Tamarac 1.285847% Weston 1.332237% West Park 0.298203% Wilton Manors 0.275042% Total Incorporated 37.500000% 2. The population figures set forth herein are based on the most current edition of Florida Estimates of Population, published by the Bureau of Economics and Business Research, Population Division, University of Florida. In accordance with the population figures, paragraph 3 of the Interlocal Agreement, as amended by the Addendum thereto and the prior amendments, is amended to read as follows: FY 2009 Recipient Population Coconut Creek 48,207 Cooper City 29,919 Coral Springs 129,766 Dania 29,524 Davie 93,428 Deerfield Beach 75,829 Fort Lauderdale 179,971 Hallandale 38,193 Hillsboro Beach 2,223 Hollywood 142,943 Lauderdale-by-the-Sea 6,196 Lauderdale Lakes 32,314 Lauderhill 64,261 Lazy Lake 41 Lighthouse Point 10,964 RESOLUTION#2008-067 FY 2009 Recipient Population Margate 55,661 Miramar 111,705 North Lauderdale 42,269 Oakland Park 42,081 Parkland 23,163 Pembroke Park 5,818 Pembroke Pines 152,888 Plantation 85,349 Pompano Beach 101,128 Sea Ranch Lakes 732 Southwest Ranches 8,461 Sunrise 89,633 Tamarac 60,066 Weston 62,233 West Park 13,930 Wilton Manors 12,848 Total Incorporated 1,751,744 Unincor orated Area 13,963 Total County 1,765,707 3. Except to the extent amended, the Agreement shall remain in full force and effect. In the event of any conflict between the terms of this 2008 Amendment and the prior amendments, the parties hereby agree that this document shall control. 4. This 2008 Amendment shall become effective on the date last executed by the parties hereto provided that those eligible municipalities representing a majority of the incorporated area population and Broward County have executed this 2008 Amendment prior to June 1, 2008. 5. This 2008 Amendment may be simultaneously executed in several counterparts, each of which so executed shall be deemed to be an original, and such counterparts together shall constitute one and the same instrument. 6. In the event a portion of this 2008 Amendment is found by a court of competent jurisdiction to be invalid, the remaining portions shall continue to be effective. RESOLUTION#2008-067 IN WITNESS WHEREOF, the parties have made and executed this 2008 Amendment to the Interlocal Agreement on the respective dates under each signature: BROWARD COUNTY through its BOARD OF COUNTY COMMISSIONERS, signing by and through its Mayor or Vice Mayor, authorized to execute same by Board action, and MUNICIPALITY, signing by and through its Mayor-Commissioner, duly authorized to execute same. COUNTY ATTEST: BROWARD COUNTY, through its BOARD OF COUNTY COMMISSIONERS County Administrator and Ex-Officio By Clerk of the Board of County Mayor Commissioners of Broward County, Florida day of 2008. Approved as to form by Office of County Attorney Broward County, Florida JEFFREY J. NEWTON, County Attorney Governmental Center, Suite 423 115 South Andrews Avenue Fort Lauderdale, Florida 33301 Telephone: (954) 357-7600 Telecopier: (954) 357-6968 By Al A. DiCalvo Assistant County Attorney RESOLUTION#2008-067 2008 AMENDMENT TO INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY AND DANIA BEACH, PROVIDING FOR DIVISION AND DISTRIBUTION OF THE LOCAL OPTION GAS TAX IMPOSED BY THE BROWARD COUNTY LOCAL OPTION GAS TAX ORDINANCE MUNICIPALITY WITNESSES: DANIA BEACH By Albert C. Jones Mayor-Commissioner day of 2008. ATTEST: By Louise Stilson, CMC Ivan Pato Municipal Clerk Municipal Manager day of 2008. (CORPORATE SEAL) APPROVED AS TO FORM: By Thomas J. Ansbro Municipal Attorney AAD:dmv 4/08/2008 GASTAX6_2008.doc<<Mu nicipality» RESOLUTION#2008-067 CITY OF DANIA BEACH Agenda Item # 7• 3 Agenda Request Item Date of Commission Meeting: 5-13-2008 Public Hearing ❑ Adopt Resolution ❑X Adopt Ordinance(1st Reading) ❑ Adopt Ordinance (2nd Reading) ❑ Award Bid/RFP ❑ Presentation ❑ Continued from: k'Ym;. vyy a ,�RI k�`.&� M"m '2v v 5°v .. v�v C i k '!:�'''vj jkia .lC+ 'f"r 1 ` vkv C it" a d x v r-33! rP ���, g!C a 5 vk I v��v�v�,-o-mv�4s�ri ti� ui Ev v� �3 a j, HMO-. ...... �^vn vry r,.. .._ vas. Approve interlocal agreement amendment with Broward County for 5th cent gas tax , vP 4 �?. t a.ri`{� w v" ! ay'+d ' 'rv.1 v!! t v*a c3''a t ..tv v#v i XStaa�_�tt/m �.ri z l+ 'xl t F l e" vit I - NN5 tti�! v�H!-v rvltN ti kv I� '_. it t vkhm !9`t Ct3d E::. , ? kk� i. v,., 3! ...,v,,a.r .....,.'�.� yr t...a.::::,�,_,x ,;:v !., .,.. ..._ v. r.v. Required by Broward County , t�}"•�L q Y^' � g . k .rv. h 'i P h,,� t' it } i Y ¢iC➢ , t WS : I �v,.W' v v,yiv " .,',<,»:; +tk? IN isdvvl�v! iv {n, !,t lmt,klc . a,ktaC:`E .......:,.f..t'� ...w. ... �_..a Ti _ , ......a,:�,�,r�; City receives allocation of 5th cent gas tax for funding of Community Bus service. r vv v. v. P � l�tv. j,,,, Lt '`y, 'lv ,R 6t' pv E �7rly r.�il4°' ¢�,v �.phi ;ll v I. l6 ,'v S� i` ik�"v art vti�'M�vl�Ch� t3 ark `Ev3lE i? v3: ,k ... :'a, .,..., ..w.kva'. f...,,,.,,,.a4kflittt� u,,,"."v .. .vy =k, .v Dept: Acct#: Amt: Fund: General: ❑X water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ „y!. e- 1 , IT 3 n v v;".k{<..!i i!Irc v't(; �' v ir,A! d!EhI E !p i,W�pp t< t�k , v it F „ t v C t.vrr! a x3t' p ttv a k lE{pttt a l r�E I t i t �i tyk t'r�k rik�' , ' t r ,pp F, ii y}r ! : p, ,, .a. ,.E 9,,:, dl�itl:I `� +i I,,.,.....: .ka.i.lc4..K Au k..h i vu�dl.�I „rz t 3, ,6dl. NPi.+!, ,:�I,.Y+a(S iSi !% In June 2000, the County enacted an ordinance extending the levy of the fifth-cent local option gas tax for thirty years until December 31, 2031 to fund the operation of the community bus system. 26% of the 5th cent gas tax is to be distributed to the City based on upadted population figures. EN.Mattt i T �d� i 'f ttt f �� t��{v 3�_�z.,, ri t. ,l�'"t°Meg `",r,°'s 6v tr>v '+ ,E i t _� ,rr t ill '�v! v`�if, irRi.E.'4 3. At Fd1�i=Rt"5t'ms�. tr�t�:l Rai.OT [ tt ' a r i k au L : gt'flSuR It tt ?yi"ii`taJ' i Hp.ta °` a Lyk'S Resolution Agreement -Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 tI' d"i " I `� *.—fina" ` vt Esi 4 k 6t vs59?3 '@3 '+4"� }�?;y to i 9" li� ° t v k 3 a _tie `�h!i Irit}uu �Ev�' i d 5 > > EM tv�`3i�.`°,mE IiiR a &F. p ,�,�u�; � j �� a i ? '.r5 ": .r:+t"dt :'aa?::.: i!dotY:!ta'�P,`�,.i� :tE't er a��.: 3 ir, :E:,c IEah°! Li !�{{¢' t i tkrt._. ._ .E..21r.,..l!..vlEi t�ldlt�>ti,t¢ .!,"' ;,d Submitted by Patricia Varney Date 04/21108 Department Director Date Assistant City Manager Colin Donnelly Date 04/21/08 HR Director Date Finance Director Patricia Varney Date 04/21/08 City Attorney Thomas J. Ansbro Date 04/21108 City Manaaer Ivan Pato Date 04/21/08 User Creating Item Item Name (do not use/or\in name) Patty Varney 2008 5th cent gas tax : ni' ._ �..: Commission Action: Approved: ❑ Denied: ❑ Continued to: ❑ RESOLUTION NO. 2008-068 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE 2008 AMENDMENT TO THE INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY AND THE CITY OF DANIA BEACH; PROVIDING FOR DIVISION AND DISTRIBUTION OF THE PROCEEDS FROM THE FIFTH CENT ADDITIONAL LOCAL OPTION GAS TAX ON MOTOR FUEL ORDINANCE; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That that certain 2008 Amendment to the Interlocal Agreement between Broward County and the City of Dania Beach providing for Division and Distribution of the Proceeds of the Broward County Fifth Cent Additional Local Option Gas Tax on Motor Fuel Ordinance, in substantial form as Exhibit "A", attached, is approved and the appropriate city officials are authorized to execute it. Section 2. That the City Manager and City Attorney are authorized to make minor revisions to the Amendment as are deemed necessary and proper for the best interests of the City. Section 3. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 4. That this Resolution shall be in force and take effect immediately upon its passage and adoption. PASSED and ADOPTED on 2008 ATTEST: LOUISE STILSON ALBERT C. JONES CITY CLERK MAYOR-COMMISSIONER APPROVED AS TO FORM AND CORRECTNESS: BY: THOMAS J. ANSBRO CITY ATTORNEY 2008 AMENDMENT to INTERLOCAL AGREEMENT between BROWARD COUNTY and CITY OF DANIA BEACH providing for DIVISION AND DISTRIBUTION OF THE PROCEEDS FROM THE BROWARD COUNTY FIFTH CENT ADDITIONAL LOCAL OPTION GAS TAX ON MOTOR FUEL FOR TRANSIT This 2008 Amendment to Interlocal Agreement made and entered into by and between: BROWARD COUNTY, a political subdivision of the state of Florida, hereinafter referred to as "COUNTY," AND DANIA BEACH, a municipal corporation, existing under the laws of the state of Florida, hereinafter referred to as "MUNICIPALITY." WHEREAS, Section 336.025(1)(b), Florida Statutes, authorizes the counties to extend the levy of the five (5) cent local option gas tax upon every gallon of motor fuel and special fuel sold in Broward County for a period not to exceed thirty (30) years on a majority vote of the governing body of the COUNTY; and WHEREAS, on June 13, 2000, the Board of County Commissioners enacted Ordinance No. 2000-25, effective January 1, 2001, through December 31, 2031, pursuant to Section 336.025(1)(b), Florida Statutes, extending the levy of the fifth-cent local option gas tax for thirty years and providing for a method of distribution of the proceeds of the tax; and WHEREAS, pursuant to said Ordinance, the method for distribution of the proceeds is the execution of an Interlocal Agreement with one or more of the municipalities representing a majority of the population of the incorporated area within the County which establishes the distribution formulas for dividing the proceeds of the tax among the County and all eligible municipalities within the County; and 2 RESOLUTION#2008-068 WHEREAS, paragraph 4 of the Interlocal Agreement, requires annual adjustment of the population of the individual municipalities and unincorporated Broward County in accordance with the population figures set forth in the most current edition of "Florida Estimates of Population," published by the Bureau of Economics and Business Research, Population Division, University of Florida; NOW, THEREFORE, IN CONSIDERATION of the mutual terms, conditions, promises, covenants and payments hereinafter set forth and pursuant to Section 336.025(1)(b), Florida Statutes, for transportation expenditures set forth in Section 336.025(7)(a), Florida Statutes, the COUNTY and MUNICIPALITY agree as follows: 1. Paragraph 2 of the Interlocal Agreement, is hereby amended to read as follows: 2.1 Forty-eight percent (48%) of said proceeds shall be distributed to the COUNTY. The remaining Fifty-two percent (52%) shall be distributed to the eligible municipalities in the following manner: 2.1.1 Twenty-six percent (26%) shall be distributed to the eligible municipalities based on population as follows: Population of Individual CITY Total incorporated area Population X 26.0000% FY 2009 FY 2009 Percent Recipient Population Share of Proceeds Coconut Creek 48,207 0.715505% Cooper City 29,919 0.444068% Coral Springs 129,766 1.926033% Dania 29,524 0.438206% Davie 93,428 1.386691% Deerfield Beach 75,829 1.125481% Fort Lauderdale 179,971 2.671193% Hallandale 38,193 0.566874% Hillsboro Beach 2,223 0.032995% Hollywood 142,943 2.121610% Lauderdale-by-the-Sea 6,196 0.091963% Lauderdale Lakes 32,314 0.479616% Lauderhill 64,261 .953784% Lazy Lake 41 0.000609% Lighthouse Point 10,964 0.162732% Margate 55,661 0.826140% Miramar 111,705 1.657965% North Lauderdale 42,269 0.627371% 3 RESOLUTION#2008-068 FY 2009 FY 2009 Percent Recipient Population Share of Proceeds Oakland Park 42,081 0.624581% Parkland 23,163 0.343793% Pembroke Park 5,818 0.086352% Pembroke Pines 152,888 2.269217% Plantation 85,349 1.266780% Pompano Beach 101,128 1.500977% Sea Ranch Lakes 732 0.010865% Southwest Ranches 8,461 0.125581% Sunrise 89,633 1.330364% Tamarac 60,066 0.891521% Weston 62,233 0.923684% West Park 13,930 0.206754% Wilton Manors 12,848 0.190695% Total Incorporated 1,751,7441 26.000000% unincorporated Area 13,963 Total County 1 1,765,707 The population figures set forth above are based on the figures contained in the document referred to as the "Florida Estimates of Population," published on an annual basis by the Bureau of Economic and Business Research, Population Division, of the University of Florida. The population figures to be utilized in the formula described in this section, for the distribution of the Fifth Cent, shall be adjusted annually based on the current Florida Estimates of Population. 2.1.2 Twenty-six percent (26%) shall be distributed by COUNTY to the Municipalities by grant agreement for Community Shuttle Services. 2. This 2008 Amendment to Interlocal Agreement shall become effective on the date last executed by the parties hereto provided that those eligible municipalities representing a majority of the incorporated area population and Broward County have executed this Interlocal Agreement prior to June 1, 2008. 3. In the event this 2008 Amendment to Interlocal Agreement or a portion of this 2007 Amendment to Interlocal Agreement is found by a court of competent jurisdiction to be invalid, the remaining provisions shall continue to be effective unless COUNTY or MUNICIPALITY elects to terminate this Agreement. The election to terminate this Agreement based upon this provision shall be made within seven (7) days after the finding by the court becomes final. 4 RESOLUTION#2008-068 4. All provisions of the Interlocal Agreement and any prior Amendment, not in conflict with this 2008 Amendment to Interlocal Agreement, shall remain in full force and effect. 5. This 2008 Amendment to Interlocal Agreement may be executed in several counterparts, each of which so executed shall be deemed to be an original, and such counterparts together shall constitute one and the same instrument. [THE REMAINDER OF PAGE INTENTIONALLY LEFT BLANK.] 5 RESOLUTION#2008-068 IN WITNESS WHEREOF, the parties have made and executed this 2008 Amendment to the Interlocal Agreement on the respective dates under each signature: BROWARD COUNTY through its BOARD OF COUNTY COMMISSIONERS, signing by and through its Mayor or Vice Mayor, authorized to execute same by Board action, and MUNICIPALITY, signing by and through its Mayor-Commissioner, duly authorized to execute same. COUNTY ATTEST: BROWARD COUNTY, through its BOARD OF COUNTY COMMISSIONERS County Administrator and Ex-Officio By Clerk of the Board of County Mayor Commissioners of Broward County, Florida day of 2008. Approved as to form by Office of County Attorney Broward County, Florida JEFFREY J. NEWTON, County Attorney Governmental Center, Suite 423 115 South Andrews Avenue Fort Lauderdale, Florida 33301 Telephone: (954) 357-7600 Telecopier: (954) 357-6968 By Al A. DiCalvo Assistant County Attorney 6 RESOLUTION#2008-068 2008 AMENDMENT TO INTERLOCAL AGREEMENT BETWEEN BR OWARD COUNTY AND DANIA BEACH, PROVIDING FOR DIVISION AND DISTRIBUTION OF THE PROCEEDS FROM THE BROWARD COUNTY FIFTH CENT ADDITIONAL LOCAL OPTION GAS TAX ON MOTOR FUEL FOR TRANSIT MUNICIPALITY WITNESSES: DANIA BEACH By Albert C. Jones Mayor-Commissioner day of 2008. ATTEST: By Louise Stilson, CMC Ivan Pato Municipal Clerk Municipal Manager day of 2008. (CORPORATE SEAL) APPROVED AS TO FORM: By Thomas J. Ansbro Municipal Attorney AAD 4/08/2008 GASTAX5_2008.doc«Municipality» 7 RESOLUTION#2008-068 CITY OF DANIA BEACH Agenda Item # 7 Agenda Request Item 1W Date of Commission Meeting: 5-13-2008 Public Hearing ❑ Adopt Resolution ❑X Adopt Ordinance(1st Reading) ❑ Adopt Ordinance (2nd Reading) ❑ Award Bid/RFP ❑ Presentation ❑ Continued from: " IG� i P {¢ �i" T � , ¢ P¢ G I+ ,{ a+ �s¢ +a" 'il iM' '��'yynpa y ¢ r}'dp'3 �,Go.mi i f"hW C t 3�3iS'ci' i'@(y{erR. *'f' { 3� F Si Y a_,:s:, m . :rl '�q''_` r3'°" AMR.,x:.�,a,:...,,tk., m ,+,,,;k,,uS;ih{E; 1{E`r.+.ti-y°».a. 1'E&. ' +,. R. ":�.:,m F +i+ud.'�,vP2:Em " a" � .,.d Approve interlocal agreement amendment with Broward County for 3 cents gas tax nda:r s'rsF� � 4 E' ,"'4 "���`={ R Y{4 ' h¢+ evs �' ¢ r ".��4 v�� RiS+�e,v '° 0. .,,r .!-�?._I :�V�i:2.sm w...,E iF ++_?ke,.+6E';y'�4 e.,'+�-,3,¢,�Xa',e ,�¢v. �Lkraf�`l��aa'hf�¢u®+ '+�+ k3:.._�.z...:c.��}NI 'fi Required by Broward County .......... d r u ¢ { +IE { {t ¢¢ n�¢.a,L.¢„_,:. did{+ } :. G ya. �t,{ +¢ol o- d '*¢ §t ¢{ �y `G ....m+ -,r.,�,...v+ u�' 'nde'. .. i ,��m.,: F �� t '+ 'a .:..,,,;� .. +i`P..,.a;i..a.,,.,P¢,,,6s.G�f1k.,+.v10 .8',P....x xHii§tt2' City receives distribution of additional 3 cents gas tax to be used to fund capital elements in the City's approved comprehensive plan '+- i afrgPi �'i'+ + o-i r¢P+ E { ¢ +: 't ' ¢ t rN: k ¢ ry n { da v} rt¢ i¢v{' ¢ n ¢i {y¢H+Sill{+' l y{� i t v 3 k 4,r DWI¢ ¢GMy lim k ,_ Dept: Acct#: Amt: Fund: General: ❑X water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ {¢v ti' {.} ¢r {" ry¢ yn o 9 {t{ t +'� ...t yy�v i ¢ ¢ i 6 ¢+'.'ems. i ._ ¢ R.¢ ((h{b {i+ 33 ¢ , � dh i! { frz an R tl;�J I i�'n 1 � 'f�4 I+{i1A i1 i �� ��ty { !`dFl� I `"fir 4 i YYY+++ I ! i RRR ,; It 6 d„ .G- l� E� �+, +v, 'am:t The distribution of the additional 3 cents gas tax is based on the same formula for the local option gas tax which is based on the population of the municipality that is updated annually by the Bureau of Economic and Business Research. The FY 2009 distribution is .864108% compared to .843579% in FY 2008. OUR 4,yd :H t I a �t H.'t' ; F r t ..,(: Mn, vI ! +t!i w t x'n a �!! i'. 'iv t a v + r�Csv im !r fi+ .; TY a +.i F 4W P�- rr !,y ![ +�'+ .: eailvr;k;. '�'3�rs�.�° 3l n i i�'4ie=tls�x.'i+:'ra rrx.r�mh1.n.'; ., ,a!a Fv vn MOH �.I N r ..,s�.,v:n t r ,...:3m.. _._....... ......°,P,:ss,x,„x ..r...y ,. , r 4 +r L! ; r HMR ! $ n td t! it( Lnfi vve9t !R a ws k 3 7 s Ixx ; em,,rr.,r„�..,rn•,u., U;> _i,i�".a..,,,.2x''' 'x sr ..._....r, m .r,...i...t;.iJFtt F"` �?,:r t+P�. ._h c;2 . , ,�MIMa,Mw� !!t ';IIIt�! ?.e..5!'!4 ........, a.... t..;.;::ea.,Mai Resolution Agreement -Exhibit 1 Exhibit 2lam Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 OEM v E Old "-M t va .� v s t-m'cvi,i+ir xa I ;y t i 3Fy 4§�Pt3r �,n;g at�"+m.++t�i+wPa t+`ri: P MM s pay vh .P ` ' v v�fiy�,,''77 vxM `l.g.va;,rPl;�y' _se + c t :..sY_'.,,�S.Y .K .n.',H.S t t�. ,:,'iH�'t#ate�. ;; a:.�i{i+�r`�?,,, ;v .4"vv..—,�.:, u ..,,,a .t!,;,�, , ,P 4,,,..iY,xtil aI -tiS N,td!QE�+�EH.,,' _ Submitted by Patricia Varney Date 04/21/08 Department Director Date Assistant City Manaaer Date HR Director Date Finance Director Patricia Varney Date 04/21/08 City Attomey Thomas J. Ansbro Date 04/21/08 City Manager Ivan Pato Date 04/21/08 User Creating Item Item Name (do not use/or\in name) Patty Varney 2008 3 cents gas tax MMON th +t t �k d t ,;� +! 6P: In l+i � '�,-I' ! `IO xl,la4 !!" fl dE ,i!+ I .06rr _iiE 'xiE �v�„lrfF'trli ++weN 'tc"1! '�X'; ,t( a'Pl; s;?#�9tIi; l;;dH4�i ;'i,.i!�,m,.? {yam Pv '� •,.m, 1,'4 n, S„d;,,,,v,d,• i,t,LSi',+ v, �„k n„ ;n t N i •, 'i; d,: 941 Commission Action: Approved: ❑ Denied: ❑ Continued to: ❑ RESOLUTION NO. 2008-069 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE 2008 AMENDMENT TO THE INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY AND THE CITY OF DANIA BEACH; PROVIDING FOR DIVISION AND DISTRIBUTION OF THE PROCEEDS OF THE LOCAL OPTION GAS TAX (THREE CENTS) IMPOSED BY THE BROWARD COUNTY LOCAL OPTION GAS TAX ORDINANCE; PROVIDING FOR CONFLICTS; PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That that certain 2008 Amendment to the Interlocal Agreement between Broward County and the City of Dania Beach providing for Division and Distribution of the Proceeds of the Local Option Gas Tax (three cents) imposed by the Broward County Local Option Gas Tax Ordinance, in substantial form as Exhibit "A", attached, is approved and the appropriate City officials are authorized to execute same. Section 2. That the City Manager and City Attorney are authorized to make minor revisions to the Amendment as are deemed necessary and proper for the best interests of the City. Section 3. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 4. That this Resolution shall be in force and take effect immediately upon its passage and adoption. PASSED and ADOPTED on 2008 ATTEST: LOUISE STILSON ALBERT C. JONES CITY CLERK MAYOR-COMMISSIONER APPROVED AS TO FORM AND CORRECTNESS: BY: THOMAS J. ANSBRO CITY ATTORNEY 2008 AMENDMENT to INTERLOCAL AGREEMENT between BROWARD COUNTY and CITY OF DANIA BEACH providing for DIVISION AND DISTRIBUTION OF THE PROCEEDS FROM THE BROWARD COUNTY ADDITIONAL LOCAL OPTION GAS TAX ON MOTOR FUEL ORDINANCE This 2008 Amendment to Interlocal Agreement made and entered into by and between: BROWARD COUNTY, a political subdivision of the state of Florida, hereinafter referred to as "COUNTY," AND DANIA BEACH, a municipal corporation, existing under the laws of the state of Florida, hereinafter referred to as "MUNICIPALITY." IN CONSIDERATION of the mutual terms, conditions, promises, covenants and payments hereinafter set forth and pursuant to the authorization of paragraph (1)(b)(2) of Section 336.025, Florida Statutes, the COUNTY and MUNICIPALITY agree as follows: 1. Paragraph 2 of the Interlocal Agreement, as previously amended, is hereby amended to read as follows: 2. Forty-eight and Seventy-three One-hundredths percent (48.73%) of the total proceeds from the Broward County Additional Local Option Gas Tax on Motor Fuel Ordinance shall be distributed to the COUNTY and the remaining Fifty-one and Twenty- seven One-hundredths percent (51.27%) of the total proceeds shall be divided among and distributed to the eligible municipalities within the COUNTY as follows: Population of Individual Municipality x 51.27% _ Total Incorporated Area Population 2 RESOLUTION#2008-069 FY 2009 Percent Recipient Share of Proceeds Coconut Creek 1.410921% Cooper City 0.875669% Coral Springs 3.797988% Dania 0.864108% Davie 2.734448% Deerfield Beach 2.219361% Fort Lauderdale 5.267387% Hallandale 1.117832% Hillsboro Beach 0.065063% Hollywood 4.183652% Lauderdale-by-the-Sea 0.181344% Lauderdale Lakes 0.945765% Lauderhill 1.880789% Lazy Lake 0.001200% Lighthouse Point 0.320894% Margate 1.629085% Miramar 3.269379% North Lauderdale 1.237128% Oakland Park 1.231626% Parkland 0.677935% Pembroke Park 0.170281% Pembroke Pines 4.474722% Plantation 2.497992% Pompano Beach 2.959812% Sea Ranch Lakes 0.021424% Southwest Ranches 0.247636% Sunrise 2.623376% Tamarac 1.758010% Weston 1.821434% West Park 0.407703% Wilton Manors 0.376036% Total Incorporated 51.270000% 3 RESOLUTION#2008-069 2. Paragraph 3 of the Interlocal Agreement, as previously amended, is hereby amended to read: 3. The population figures set out herein are based on the figures contained in the document referred to as the "Florida Estimates of Population," published on an annual basis by the Bureau of Economics and Business Research, Population Division, University of Florida. The population figures to be utilized in the formula described in Paragraph 2 of this Interlocal Agreement, for the division and distribution of the proceeds from the Broward County Additional Local Option Gas Tax on Motor Fuel Ordinance, shall be adjusted annually based on the current "Florida Estimates of Population." For the purpose of this Agreement, the following population figures are hereby agreed upon: FY 2009 Recipient Population Coconut Creek 48,207 Cooper City 29,919 Coral Springs 129,766 Dania 29,524 Davie 93,428 Deerfield Beach 75,829 Fort Lauderdale 179,971 Hallandale 38,193 Hillsboro Beach 2,223 Hollywood 142,943 Lauderdale-by-the-Sea 6,196 Lauderdale Lakes 32,314 Lauderhill 64,261 Lazy Lake 41 Lighthouse Point 10,964 Margate 55,661 Miramar 111,705 North Lauderdale 42,269 Oakland Park 42,081 Parkland 23,163 Pembroke Park 5,818 Pembroke Pines 152,888 Plantation 85,349 Pompano Beach 101,128 Sea Ranch Lakes 732 4 RESOLUTION#2008-069 FY 2009 Recipient Population Southwest Ranches 8,461 Sunrise 89,633 Tamarac 60,066 Weston 62,233 West Park 13,930 Wilton Manors 12,848 Total Incorporated 1,751,744 Unincor orated Area 13,963 Total County 1,765,707 3. This 2008 Amendment to Interlocal Agreement shall become effective on the date last executed by the parties hereto provided that those eligible municipalities representing a majority of the incorporated area population and Broward County have executed this Interlocal Agreement prior to June 1, 2008. 4. In the event this 2008 Amendment to Interlocal Agreement or a portion of this 2008 Amendment to Interlocal Agreement is found by a court of competent jurisdiction to be invalid, the remaining provisions shall continue to be effective unless COUNTY or MUNICIPALITY elects to terminate this Agreement. The election to terminate this Agreement based upon this provision shall be made within seven (7) days after the finding by the court becomes final. 5. Except to the extent amended, the Agreement shall remain in full force and effect. In the event of any conflict between the terms of this 2008 Amendment and the Agreement and/or any prior Amendment to the Agreement, the parties hereby agree that this document shall control. 6. This 2008 Amendment to Interlocal Agreement may be executed in several counterparts, each of which so executed shall be deemed to be an original, and such counterparts together shall constitute one and the same instrument. [THE REMAINDER OF PAGE INTENTIONALLY LEFT BLANK.] 5 RESOLUTION#2008-069 IN WITNESS WHEREOF, the parties have made and executed this 2008 Amendment to the Interlocal Agreement on the respective dates under each signature: BROWARD COUNTY through its BOARD OF COUNTY COMMISSIONERS, signing by and through its Mayor or Vice Mayor, authorized to execute same by Board action, and MUNICIPALITY, signing by and through its Mayor-Commissioner, duly authorized to execute same. COUNTY ATTEST: BROWARD COUNTY, through its BOARD OF COUNTY COMMISSIONERS County Administrator and Ex-Officio By Clerk of the Board of County Mayor Commissioners of Broward County, Florida day of 2008. Approved as to form by Office of County Attorney Broward County, Florida JEFFREY J. NEWTON, County Attorney Governmental Center, Suite 423 115 South Andrews Avenue Fort Lauderdale, Florida 33301 Telephone: (954) 357-7600 Telecopier: (954) 357-6968 By All A. DiCalvo Assistant County Attorney 6 RESOLUTION#2008-069 2008 AMENDMENT TO INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY AND CITY OF DANIA BEACH PROVIDING FOR DIVISION AND DISTRIBUTION OF THE PROCEEDS FROM THE BROWARD COUNTY ADDITIONAL LOCAL OPTION GAS TAX ON MOTOR FUEL ORDINANCE MUNICIPALITY WITNESSES: DANIA BEACH By Albert C. Jones Mayor-Commissioner day of 2008. ATTEST: By Louise Stilson, CMC Ivan Pato Municipal Clerk Municipal Manager day of 2008. (CORPORATE SEAL) APPROVED AS TO FORM: By Thomas J. Ansbro Municipal Attorney AAD:dmv 4/08/2008 GASTAX3_2008.doc«Municipality» 7 RESOLUTION#2008-069 ® CITY OF DANIA BEACH Agenda Item # 7 • y Agenda Request Item Date of Commission Meeting: 5-13-2008 Public Hearing ❑ Adopt Resolution ❑X Adopt Ordinance(1st Reading) ❑ Adopt Ordinance (2nd Reading) ❑ Award Bid/RFP ❑ Presentation ❑ Continued from: 06ii# � " NM tYrt` �' ; Approval of the Allocation of$9,500 from the Tree Trust Fund as Matching Grant Funds for the 2008 Urban and Community Forestry Grant vt 1 .k + h ! t +:I 3i r "'"` ,~ ,�3,i, +i +i t �:' 'F" j +s,� y tt�yyrq�W, , acmuw ,+.P...,..,.:.,-�,r.Ere -r.,m �,.. .t_..1111.1,MI i kd�M n:�!'i'$3y "G ° + '+,:v EF��ir vu�..I+r i v m E d j 3 i '_? :a°a it a+�".' IMF,' " ifi#i. '* s �'��,.y o-,*r1W, �v ` rt��" rf9 6�;���`,. ,�'k:i.�$',' n v + + p e�gY+fib +�: �t,�' jv F FP'3 LO gUdlu�.t�-+E A. S ., .... } ,d'�' r.FI o'[ ,v!'£t 'fit !01� Receipt of Grant Funds in the amount of$11,500 1 .� y t 6i9, ,i YC.Yt i i d Ili¢I +If.ii t •H• I'iY tEP [ N R i '" IV v� 1Y . ,.uai 00vH�V I rRr'I)� #'r.50 t._vP,9.+0'I:'3 7 h .r} I ii t- 5 Dept: 1501 Comm Dev Code Planning Occ Licenses Aeet#: 102-0000-361.10-01 Amt: $9,500.00 Fund: General: ❑ Water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ i II' y�ij, I " ��'4 � + y�F, ,i SiM ! +� 0 3tM '! R-d t' WONMl 4 +.+. - �E� nu:....x.d ll'+,,,. Nr: i5�t`{7N'II l ,'. .I. IL€ vlh+,°t'i�E: Pv'' � E,!`,s � :.W+�,.F>£:, i Staff is requesting the allocation of$9,500 from the Tree Trust to be used as matching money for the grant. We are applying for a grant of$11,500, we can use 10% of regular staff cost as City matching money, so the City will be responsible for the remaining $9,500 if awarded with the grant. .._, .� ...may. i .fI t tqx t t< °t °�L` e t a dC._radaitC4i{F rt +u v !4"tt'ati. �'! vR est3a�'�"�1rI �Ev Em °te n sd"y.t7 '� t t�Ia�h n e!'te enf t lk,n'tr 9 aI tr,da tte { r�a�ra fi� a. r rt= i � {,r.eF.tsw. a n° x.�':'� u fir°" .`�{w r=.nrrauatvt ".t.. 'i=,rt tawt3z. t�a'.. ,_.�,.,v=tom' . ?' _ Apr ,r,t .}r r.r .`� ,!rt WPM to at t�.na.ev v I vtax'}e{' ' t3se dc� .M ' tad t!f 3R _. i __ .... .__�.a.ta..l...il`rv. NINE ._50, Resolution Staff Report Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 fU _, i `a # teEr y EI .etp.iv ni;i it r'R o 8 ''L `I�SteE .tt�ti i i4 ! 'd a!r a. ,m, adf�s. .�5• ar=y {&� {�t�.�".t.N �...,uCR `4�°`� �. �.sx C,�tn,_a=,M�Lu'�'N �, ���,1. E. Submitted by LOU ANN CUNNINGHAM Date 05/02/08 Department Director Corinne Lajoie Date Assistant City Manager Date HR Director Date Finance Director Patricia Varney Date 05/05108 City Attomey Thomas J. Ansbro Date 05/05108 City Manager Ivan Pato Date 05/05/08 User Creating Item Item Name (do not use/or\in name) LouAnn Cunningham Urban Foresty Grant Commission Action: Approved: ❑ Denied: ❑ Continued to: ❑ RESOLUTION NO. 2008-075 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING AN AMENDMENT TO THE CITY BUDGET FOR THE AWARD OF THE URBAN AND COMMUNITY FORESTRY GRANT IN THE AMOUNT OF $11,500.00 IN THE GRANT FUND AND TO ALLOW AN ADDITIONAL $9,500.00 FROM THE TREE PRESERVATION FUND TO BE USED AS A MATCHING SUM TO OBTAIN AN URBAN AND COMMUNITY FOREST GRANT FROM THE STATE OF FLORIDA; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the City Commission approves an amendment to the City budget for the award of the Urban and Community Forestry Grant in the amount of$11,500.00 in the Grant Fund and to allow an additional $9,500.00 from the Tree Preservation Fund to be used as a matching sum to obtain an Urban and Community Forest Grant from the state of Florida. Section 2. That the Director of Finance is authorized to amend the budget in connection with the grant. Section 3. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 4. That this Resolution shall be in force and take effect immediately upon its passage and adoption. PASSED and ADOPTED on 2008. ATTEST: LOUISE STILSON, CMC ALBERT C. JONES CITY CLERK MAYOR-COMMISSIONER APPROVED AS TO FORM AND CORRECTNESS: BY: THOMAS J. ANSBRO CITY ATTORNEY CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT DATE: April 22, 2008 TO: Ivan Pato, City Manager FROM: Corinne Lajoie, AICP, Principal Planner SUBJECT: 2008 Urban and Community Forestry Grant On April 22, 2008 the City Commission approved a resolution supporting City staff applying for the 2008 Urban and Community Forestry Grant. Staff is requesting the allocation of $9,500 from the Tree Trust to be used as matching money for the grant. We are applying for a grant of $11,500, we can use 10% of regular staff cost as City matching money, so the City will be responsible for the remaining $9,500 if awarded with the grant. STAFF RECOMMENDATION Approval. ® CITY OF DANIA BEACH Agenda Item # Agenda Request Item Date of Commission Meeting: 5-13-2008 Public Hearing ❑ Adopt Resolution ❑X Adopt Ordinance (1st Reading) ❑ Adopt Ordinance (2nd Reading) ❑ Award Bid/RFP ❑ Presentation ❑ Continued from: va"a v 4M M F sE.@!•s i g s�++I ; 1tiE '+d�'v�e R^: iAfL'4 Ci'3..-3L`�,:,a.°t s= ,Fb ,{..,t'. .s .°.. sn.,'' a.� ii..u�vs3'�M'�C .:CG,S` s: .ts.I:y h� �t, 41 ,eta :.,.iis.{. _..tt -..,,,11 Approve amended professional services contract for Comprehensive Land Use Planning - Leigh Robinson Kerr and Associates Inc. t:0 :Etvs i s ry Est i t t d h v v ed x .itvF. r ` . .:. r ' •i.. ,ad.a. ._.,r ..,. ..... .. ..... .:.. ..:: Updated agreement IssPssC,t'3"4ihaty re IF r 5 Il' 4e `� vE sue° RME s i av'pmso __.. ..'.;, Continued consulting services for comprehensive land use planning 3 ry qi, �. t` r'S #e Ii tvs w31 Iw s v t Mk-^! t.... . ''rs+TM m's ti E �,,43 C s i d3 Dept: 1501 Comm Dev Code Planning Occ Licenses Acct#: 001-1501-515.31-10 Amt: $35,000.00 Fund: General: ❑X Water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ AEU Hsu � ! a ' vr'td ivr � vt lus Otyt i sv', 1�1Ss(iht i '„w u v�§ ( .x - ,a.,v a�,�il .p, x�3�,ts.,�: ski ( v k .:.._....... , .. .. t` se tr: ._...EI i„ ,...,.:..t. y.,_., Updated contract for the firms continued work on the recently submitted Transportation Element, Public School Facility Element, Water Supply Plan and upcoming Evaluation and Appraisal Report (EAR) Based Amendments, Capital Improvements Element(CIE)and general planning services as necessary. ! ` S tR ! ,r........ �' ,.. !°t... ' arVv- r xW t �dtr'ki �..€i.. '!�t r a Budgeted in the Community Development Professional Services ;.to ,� r- el��' �*!,� .�t�� r .rt i ',�{ I �. MN Rtid i j, K. �{ I ,r t !s 3 {Ik ra_ M hwti' i 9. ...�.n. ..... ., m ..... ................. ...... _... ...... Resolution Staff Report Standard Consultant Agreement —Exhibit 1 �Exhibit 2 ,Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 a, ��A. aclk' h n�hm � r ,fit 'rI 4!!.� y dr I !y E :fix; t adle. : aiar aw�itxi� tw° hT t .:`'"I=`'C' 1:.,�;> ',^L:.:,.t l E !. ! 1i his. t^ c �'.....r-..r '' .v.;,: Submitted by LOU ANN CUNNINGHAM Date 04/29/08 Department Director Corinne Lajoie Date Assistant City Manager Date HR Director Date Finance Director Patricia Varney Date 05/04/08 City Attorney Thomas J. Ansbro Date 05/05/08 City Manacer Ivan Pato Date 05/05/O8 User Creating Item Item Name (do not use/or\ in name) LouAnn Cunningham Leigh Robinson Kerr Agreement p�Mgg fi! 9iIlNA$!p� I!E titi�Ig�!'! y d.ij':41}ti iti} SF� S"S'i ! M, �E;�+'4�h �'�,na��� ��'�,�°!�".ran�, Commission Action: Approved: ❑ Denied: ❑ continued to: ❑ RESOLUTION NO. 2008-076 A RESOLUTION OF THE CITY COMMISSION OF DANIA BEACH,FLORIDA, AUTHORIZING THE CITY MANAGER TO PURCHASE LAND PLANNING CONSULTANT SERVICES FROM LEIGH ROBINSON KERR&ASSOCIATES, INC. TO ASSIST THE CITY IN ONGOING SERVICES INVOLVING THE TRANSPORTATION, CAPITAL IMPROVEMENTS AND PUBLIC SCHOOL FACILITY ELEMENTS OF THE CITY COMPREHENSIVE PLAN,THE WATER SUPPLY PLAN,THE UPCOMING EVALUATION AND APPRAISAL REPORT ("EAR!')AND GENERAL PLANNING SERVICES,FOR AN AMOUNT NOT TO EXCEED THIRTY-FIVE THOUSAND DOLLARS ($35,000.00), SUCH PURCHASE TO BE MADE WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS,pursuant to a provision in the Charter of the City of Dania(Part III,Article 3, Section 4,Subsection 0)),the City Manager is authorized to purchase supplies, services,equipment and materials for city government in amounts in excess of Twenty-Five Thousand Dollars ($25,000.00)without competitive bidding and without advertisement for bids if he is authorized to do so in advance by a resolution adopted by the City Commission when such purchases are necessary due to the presence of unusual conditions; and WHEREAS, as a result of the needs of the City Commission to update the City's Comprehensive Plan, unusual conditions are present in the City, which conditions necessitate the waiver of the requirement for bids as is otherwise required by the City Charter; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the City Manager is authorized to enter into a contract on behalf of the City for the purchase of land planning services from Leigh Robinson Kerr&Associates,Inc.to assist the City in the updating of the City Comprehensive Plan and related services as specified in the title to this Resolution. The amount to be expended shall not exceed Thirty-Five Thousand Dollars ($35,000.00)unless previously approved by the City Commission. Such contract shall be reviewed and approved as to form by the City Attorney. Section 2. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 3. That this Resolution shall be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED on 2008. ALBERT C. JONES MAYOR-COMMISSIONER ATTEST: LOUISE STILSON,CMC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS BY: THOMAS J. ANSBRO CITY ATTORNEY 2 RESOLUTION#2008-076 CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT DATE: May 13, 2008 TO: Ivan Pato, City Manager FROM: Corinne Lajoie, AICP, Principal Planner SUBJECT: AMENDED PROFESSIONAL SERVICES CONTRACT FOR COMPREHENSIVE LAND USE PLANNING WITH THE FIRM OF LEIGH ROBINSON KERR AND ASSOCIATES, INC. Attached please find an updated consultant agreement with Leigh Robinson Kerr and Associates, Inc. Leigh Kerr has been actively performing comprehensive plan consulting services since 1998 (Resolution 51-98). The attached represents an updated contract for his firms continued work on the recently submitted Transportation Element, Public School Facility Element, Water Supply Plan and upcoming Evaluation and Appraisal Report (EAR) Based Amendments, Capital Improvements Element (CIE) and general planning services as necessary. AGREEMENT THIS IS AN AGREEMENT(the"Agreement")entered into on 2008, between: THE CITY OF DANIA BEACH, FLORIDA, a municipal corporation, (the "City") and Leigh Robinson Kerr&Associates, hic. (the "Consultant"). In consideration of the mutual covenants,terms and conditions contained in this Agreement, and other good and valuable consideration,the adequacy and receipt of which are acknowledged,the parties agree as follows: 1. Scope of Services. The Consultant agrees to perform consultant services for the City in accordance with the scope of services described in Exhibit"One",a copy of which is attached and made a part of this Agreement by this reference. The Parties acknowledge and agrees that services are to commenced or will commence on and that that date is the effective date and commencement date of the services. 2. Subcontracts. Consultant may subcontract certain items of work. It is expressly agreed by the parties,however,that the City shall approve in advance in writing any subcontractors and the fees to be paid them by Consultant prior to any such subcontractor proceeding with any such work. 3. Payment for Services. A. City agrees to pay Consultant for services provided by Consultant, as described in Section 1, an agreed upon not to exceed amount of Thirty Five Thousand Dollars ($35,000.00) (the "Fee"). The Fee includes full payment, including all labor, overhead and other costs. No travel and meal costs are reimbursable unless incurred outside of Miami-Dade, Broward and Palm Beach Counties,approved in writing in advance by the City.Any such costs are payable at the City reimbursement rate. B. Any necessary additional work, as determined by City,which is not covered by the scope of services described in the attached Exhibit"One", shall not be undertaken without a written amendment to this Agreement to that effect, executed in advance by both parties. C. Consultant shall submit its invoices in the format and with supporting documentation as may be required by City. D. City shall pay Consultant monthly for services rendered within thirty (30) calendar days from date of approval of each of Consultant's invoices by the City Manager. If any errors or omissions are discovered in any invoice, City will inform Consultant and request revised copies of all such documents. If any disagreement arises as to payment of any portion of an invoice, City agrees to pay all undisputed portions and the parties agree to cooperate by promptly conferring to resolve the disputed portion. E. Any invoice which is not timelypaid as prescribed above will be subject to the accrual of interest at the statutory rate prescribed by applicable Florida law. 4. Indemnification of City. A. Consultant agrees to indemnify and hold harmless the City for all costs,losses and expenses including,but not limited to,damages to persons or property including,but not limited to,judgments and attorneys' fees arising out of the negligent acts, errors or omissions or the willful misconduct of the Consultant,its agents,servants or employees in the performance of services under this Agreement. If called upon by the City,the Consultant shall assume and defend not only itself, but also the City,in connection with any suit or cause of action arising out of the foregoing,and such defense shall be at no cost or expense whatsoever to the City. This indemnification does not extend to acts of third parties who or which are wholly unrelated to Consultant. The covenants and representations relating to this indemnification provision shall survive the tern of this Agreement and continue in full force and effect as to Consultant's responsibility to indemnify the City. B. It is specifically understood and agreed that the consideration inuring to the Consultant for the execution of this Agreement consists of the promises,payments,covenants,rights and responsibilities contained in this Agreement. C. The execution of this Agreement by the Consultant shall obligate the Consultant to comply with the foregoing indemnification provision; however, the collateral obligation of providing insurance must be also complied with as set forth below. 5. Insurance. Consultant shall provide,pay for and maintain in force at all times during the term of this Agreement, such insurance, including professional liability insurance, Workers' compensation insurance and comprehensive general liability insurance as stated below: A. Professional liability insurance with minimum limits of liability of One Million Dollars ($1,000,000.00) to assure the City of coverage of the indemnification specified in this Agreement. B. Workers' compensation insurance to apply for all employees in compliance with the "Workers' Compensation Law" of the State of Florida and all applicable federal laws, for the benefit of the Consultant's employees. C. Comprehensive general liability insurance, including contractual, with minimum limits of One Million Dollars ($1,000,000.00) per occurrence, combined single limit for bodily injury liability and property damage liability. The City is to be included as an "additional insured" with respect to any claims arising out of this Agreement. D. Automobile Liability with minimum limit of One Million Dollars ($1,000,000.00) combined single limit. Page 2 of 11 E. If Consultant hires a subcontractor for any portion of any work, then such subcontractor shall provide general liability insurance with minimum limits of liability of One Million Dollars ($1,000,000.00). F. The Consultant shall provide the Risk Manager of the City Certificates of Insurance for coverages and policies required by this Agreement. All certificates shall state that the City shall be given thirty (30) days' advance notice prior to expiration or cancellation of any policy. Such policies and coverages shall not be affected by any other policy of insurance which the City may carry in its own name. All certificates (of insurance) must clearly identify the contract to which they pertain,including a brief description of the subject matter of the contract. 6. Assignment of Agreement. A. It is understood and agreed by both parties that this Agreement, in whole or in part, cannot be assigned,sublet or transferred by the Consultant without the prior written consent of City. The City is relying upon the apparent qualifications and expertise of Leigh R. Ken, one of Consultant's principals, and such person's familiarity with the City's circumstances and desires. In the event Consultant wishes to re-assign or replace such individual, the Consultant shall tender substitutes acceptable to City. In the event the City is not,for any reason or no reason at all,satisfied with such substitute,Consultant shall be considered in breach of this Agreement. Violation of the terms of this paragraph shall constitute a breach of Agreement by Consultant and City may, at its discretion, terminate this Agreement for cause and all rights,title and interest of Consultant in this Agreement shall then cease and terminate. B. The Consultant acknowledges,understands and agrees that its performance under this Agreement is or may be contingent upon the City receiving timely services from other consultants (the "Supporting Consultants"). The Consultant agrees to use its best efforts to coordinate its services with the services of the Supporting Consultants and further agrees that in the event the rendition of any services of any of the Supporting Consultants is delayed,such delay will not entitle the Consultant to any additional compensation or payment of any kind. Furthermore,the Consultant shall not be entitled to an increase in compensation,or be entitled to payment of any kind from the City,for damages or expenses incurred which are direct,indirect or consequential or other costs and lost profits of any kind including,but not limited to, costs of acceleration,inefficiency or extended overhead,arising because of any other delay,disruption,interruption,interference or hindrance from any cause whatsoever,whether such delay,disruption or interference be reasonable or unreasonable, foreseeable or unforeseeable, or avoidable or unavoidable; provided, however, that this provision shall not preclude recovery of damages by the Consultant for hindrances or delays caused solely by fraud,bad faith or active malicious interference on the part of the City. The Consultant shall only be entitled to extensions of time for performance as the exclusive and sole remedy for delay. 7. Examination of Records. Consultant shall maintain books,records, documents and other evidence directly pertinent to performance of work under this Agreement in accordance with Page 3 of 11 generally accepted accounting principles and practices. The Consultant shall also maintain the financial information and data used by the Consultant in the preparation of support of any claim for reimbursement for any out-of-pocket expense or cost. The City shall have access to such books, records, documents and other evidence for inspection, audit and copying during normal business hours. The Consultant will provide proper facilities for such access and inspection. Audits conducted under this section shall observe generally accepted auditing standards and established procedures and guidelines of the City. The Florida Public Records Act, Chapter 119 of the Florida Statutes,may have application to records or documents pertaining to this Agreement and Consultant acknowledges that such laws have possible application and agrees to comply with all such laws. 8. Termination. A. Termination of Agreement for Convenience. It is expressly understood and agreed that the City may terminate this Agreement at any time for any reason or no reason at all by giving the Consultant notice by certified mail, return receipt requested, directed to the principal office of the Consultant, thirty(30) days in advance of the termination date. In the event that the Agreement is terminated pursuant to this provision, the Consultant shall be entitled to be compensated for the services rendered from the effective date of execution of the Agreement up to the date of receipt of Notice of termination. Such compensation shall be based on the percentage of work completed, as fairly and reasonably determined by City after conferring with Consultant. B. Termination of Agreement for Cause. If City elects to terminate the Agreement for cause, City will provide Consultant five (5) days' advance written notice. If Consultant promptly cures the matter giving rise to the cause within that time,this Agreement shall continue. If not timely cured,the Agreement will stand terminated and the City will pay Consultant for work completed less any costs, expenses and damages incurred by City as a result of such termination. If a court of competent jurisdiction determines that the termination was not authorized under the circumstances then the termination shall be deemed to be a termination for convenience. 9. Ownership of Documents. All correspondence, studies, data, analyses, documents, instruments, applications, memorandums and the like, including drawings and specifications prepared or furnished by Consultant (and Consultant's independent professional subcontractors or subconsultants)pursuant to this Agreement shall become owned by and be the property of the City and the City shall consequently obtain ownership of them by any statutory common law and other reserved rights, including copyright; however, such documents are not intended or represented by Consultant to be suitable for reuse by City on extensions of the work or on any other work or project. Any such reuse, modification or adaptation of such document without written verification or permission by Consultant for the specific purpose intended will be at City's sole risk and without liability or legal exposure to Consultant or to Consultant's independent professional subconsultants. If City alters any such documents,City will expressly acknowledge same so that no third party will be in doubt as to the creation or origination of any such document. 10. Notices. Except as provided above,whenever either party desires to give notice to the other, it must be given by written notice, sent by certified U.S. mail,with return receipt requested, addressed to the party for whom it is intended,at the place last specified and the place for giving of Page 4 of 11 notice in compliance with the provisions of this paragraph. For the present,the parties designate the following as the respective persons and places for giving of notice: City: Ivan Pato, City Manager City of Dania Beach 100 West Dania Beach Boulevard Dania Beach, Florida 33004 With a copy to: Thomas J. Ansbro, City Attorney 100 West Dania Beach Blvd. Dania Beach, Florida 33004 Consultant: Leigh R. Kerr, AICP, President Leigh Robinson Kerr&Associates, Inc. 808 East Las Olas Blvd. #104 Fort Lauderdale, FL 33301 11. Consent to Jurisdiction. The parties agree that the jurisdiction for any legal action arising out of or pertaining to this Agreement shall be the Circuit Court for the Seventeenth Judicial Circuit in and for Broward County,Florida, or the federal District Court in the Southern District of the United States. Each party further agrees that venue of any action to enforce this Agreement shall be in Broward County, Florida. 12. Governing Law. The parties agree that this Agreement shall be construed in accordance with and governed by the laws of the State of Florida. 13. Attorneys'Fees and Costs. If City or Consultant incurs any expense in enforcing the terms of this Agreement, whether suit is brought or not, each party shall bear its own costs and expenses including,but not limited to, court costs and reasonable attorneys' fees. 14. Headings. Headings in this document are for convenience of reference only and are not to be considered in any interpretation of this Agreement. 15. Exhibits. Each exhibit referred to in this Agreement forms an essential part of this Agreement. Each such exhibit is a part of this Agreement and each is incorporated by this reference. 16. Severability. If any provision of this Agreement or the application of it to any person or situation shall to any extent be held invalid or unenforceable, the remainder of this Agreement, and the application of such provisions to persons or situations other than those as to which it shall have been held invalid or unenforceable,shall not be affected, shall continue in full force and effect, and shall be enforced to the fullest extent permitted by law. 17. All Prior Agreements Superseded. This document incorporates and includes all prior negotiations, correspondence, conversations, agreements and understandings applicable to the matters contained in this Agreement and the parties agree that there are no commitments,agreements or understandings concerning the subject matter of this Agreement that are not contained in this Page 5 of 11 document. Accordingly, it is agreed that no deviation from the terms of this Agreement shall be predicated upon any prior representations or agreements, whether oral or written. 18. Consultant and its employees and agents shall be and remain independent contractors and not employees of City with respect to all of the acts and services performed by and under the terms of this Agreement. This Agreement shall not in any way be construed to create a partnership, association or any other kind of joint undertaking, enterprise or venture between the parties to this Agreement.All agents,employees and subcontractors of the Consultant retained to perform services pursuant to this Agreement shall comply with all laws of the United States concerning work eligibility. 19. The Consultant understands and agrees that the City, during any fiscal year, is not authorized to expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year and that any contract,verbal or written,made in violation of this subsection is null and void and that consequently, no money may be paid on such contract beyond such limits. Nothing contained in this Agreement shall prevent the making of contracts for periods exceeding one (1)year,but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years. Consultant shall not proceed with services under this Agreement without City's written verification that the funds necessary for Consultant compensation and other necessary expenditures are budgeted as available within the appropriate fiscal year budget. 20. Consultant warrants and represents that no elected official,officer,agent or employee of the City has a financial interest,directly or indirectly,in this Agreement or the compensation to be paid under it and, further, that no City employee who acts in the City of Dania Beach as a "purchasing agent"as defined in Chapter 112,Florida Statutes,nor any elected or appointed officer of the City of Dania Beach,nor any spouse or child of such purchasing agent,employee or elected or appointed officer, is a partner, officer, director or proprietor of the Consultant and, further, that no such City employee,purchasing agent,City elected or appointed officer,or the spouse or child of any of them,alone or in combination,has a material interest in the Consultant. Material interest means direct or indirect ownership of more than five percent(5%)of the total assets or capital stock of the Consultant. 21. Consultant shall comply with all federal, state and City laws applicable to the Consultant services and specifically those covering Equal Opportunity Employment,the Americans With Disabilities Act ("ADA") eligibility to perform services as specified in the Florida Public Entity Crime law and the Florida Building Code. The Consultant is expected to fully comply with all provisions of all laws and the City reserves the right to verify the Consultant's compliance with them. Failure to comply with any laws will be grounds for termination of the Agreement for cause. 22. In the event of any conflict between any provisions of this Agreement and any provision in any attached Exhibit, the parties agree that the provisions of this Agreement are controlling (including,but not limited to, all terms and provisions governing compensation). Page 6 of 11 IN WITNESS OF THE FOREGOING,the parties have set their hands and seals the day and year first above written. CITY: CITY OF DANIA BEACH, a Florida Municipal Corporation ATTEST: LOUISE STILSON, CMC ALBERT C. JONES CITY CLERK MAYOR IVAN PATO CITY MANAGER APPROVED FOR FORM AND CORRECTNESS: THOMAS J. ANSBRO CITY ATTORNEY Page 7 of 11 CONSULTANT: WITNESSES: LEIGH ROBINSON KERR&ASSOCIATES, INC. Signature Signature Leigh R. Kerr, President Print Name Print Name/Title Signature Print Name STATE OF FLORIDA COUNTY OF BROWARD The foregoing instrument was acknowledged before me on 2008, by , as of Leigh Robinson Kerr & Associates, Inc., a corporation, on behalf of the corporation. He/she is personally known to me or has produced as identification and did (did not)take an oath. NOTARY PUBLIC, State of Florida My commission expires: Page 8 of 11 EXHIBIT ONE I. Transportation Element A. Monitoring compliance review of the adopted Transportation Element for the Florida Department of Community Affairs (FDCA). II. Public School Facility Element A. Continue with the adoption proceedings and for the compliance review and appeal period for the Public School Facilities Element. III. Water Supply Plan A. Coordinate the response to the ORC issued by the FDCA based upon the transmittal of the Water Supply Element. B. Coordinate the adoption hearing at the City Commission for the Water Supply Element. C. Attend meetings with staff and City Commission,as needed,for adoption of the Water Supply Element. D. Monitor the compliance review and appeal after adoption of the Water Supply Element. IV. 2005 Evaluation and Appraisal Report(EAR)Based Amendments A. Develop the required EAR-based amendments based upon the 2005 EAR for the City of Dania Beach which includes: • Population estimates • Issues related to water supply • Development of intensity standards required under Chapter 163,F.S. • Amendments to the Housing Element to address low and moderate income. B. Address additional Goals,Objectives and Policies requested by FDOT on the recently adopted Transportation Element. Develop Goals, Objectives and Policies within the respective elements as required to address EAR-based amendments. Page 9ofII V. Capital Improvements Element(CIE) A. Prepare the updated CIE per Chapter 163,F.S.,which is due by December 2008. B. The CIE requires annual updates. VI. General Planning Services A. Provide general planning services on an as needed basis for items determined by staff to need professional planning assistance. B. Attend meetings with staff as required to develop the above documents and information C. Attend necessary Planning and Zoning board meetings D. Attend necessary City Commission hearings regarding the above elements. Page 10 of 11 EXHIBIT TWO Hourly rates Principal............... $175.00 per hour Associate.............. $125.00 per hour Planner................ $100.00 per hour CADD/GIS.............$ 75.00 per hour Copies, postage, etc.will be billed at direct cost. Page 11 of 11 CITY OF DANIA BEACH Agenda Item # Agenda Request Item Date of Commission Meeting: 5-13-2008 Public Hearing ❑ Adopt Resolution ❑X Adopt Ordinance (I at Reading) ❑ Adopt Ordinance (2nd Reading) ❑ Award Bid/RFP ❑ Presentation ❑ Continued from: ••.••'� L tlt~EY'i Y d r t P'{ yap, Ei d N 3I S + {'3 I I "t 4 , ... .... wo 4Fi.{ 3a�4 ( �tint-dttm` i� y t "{7K:�hre,3 ht E .n at ..'4 QR. .,ua,asta h a @., _.4.."+�etu!{!a.NE MUMMI! Declare city's surplus property for auction M 't �iF�W'i F .4t,{L tTaE t5t'{ g4 �3[ �M"-.5 W` FI �:�{L kitE fi'rl,dBt �.�W, �t,�{!4'�.i,°Ivf 3'!h"F� �t I4t{r4 Yu�{''`SC. 's} tt�l t�44t,ai 1•m:.: t }� tY.'i I .I� k 4t .tL' vF{fiA v.,� a.,a,{aW.7,e L&vaa ., :('. �_c,rA.t :.'�,..,.�uf.,t awal3{,.n�`'�s r :.::L zdu... "i . .a<.{ 9�,� td7 { �,.,�� ! da...:�4 Compliance with City's code of ordinance p.... Pi)2 :i. t` np c4 A.. at -Wvp4 tE c { E tp {ti ... a tlzltRli ix V. 3 'F1L i r � "E'sd" I{ 6t m'da th k �.v hr. w E�E�{{a,a't E A 0 t I ! }m�-a,.'3:8 ,,;kt" {,.,.�,a.t.rT};i E'it" ,i., :`�„t:,YaklE. .EMI,! 7�_.,. ..ta'7i!t E -;i,e IIEd m Eg' 3�E_..L'..�r.E..aa�H I I 'y§`E { v.,;'',i'mm`"�Eg. Ra...L__ . ....._ '.{,rut. Able to auction off city's surplus assets mza Et ar {t. h aEatt� 4 v V . t'dn irm...E.. . n " tEhthilE ;1 Elit i�dl<h . m{ a d.uI YE I Dept: 1701 Finance Accounting Aect#: Amt: Fund: General: ❑ water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ u!I WA E Elllha' u_ ' lEI Ott EE { E avi `I" ii¢�v ! t {{ !) !{a'C a j I E 1 E� E'u�l i,r 9pEE E . �� ��R � E .t. ,..4 is .-a.ak_ ..t. i4{•tG a 7 ,hA ~,Et�E�! fiti,!kac�tL:T,.lE_�t E .'!w lra t'a;h a!, t. ;{ ,t;,_r.; '...F..a. � v F •�i ir��° ': 3H • t t r !! !MINOR, !! QMN m._. �_c ! v:.. vt. ?ss NM ¢t4v"t -1 �s flii d iN t �:d !v l2w fin . dW vi (at!ga", I�t ..Fg mlilmmem- �! ° �.5!tray rtvi' va�tt4x"i !i ! .v .rw,�! !!! .�Ex, �!n, !r !1Qi }��t!nruu m tl� �t` xe xbt���y; ;: ..t,..,_llaa:,_35s ,.,..:.:,P w,.tkd:�=:, :.1,.,,,aa.�.iI _.,.,,max..._ .� ..,.::,.fig.•, ,::,:��:! t .:,..: 1,,5i Y ,i...a,:, ..{ 'MUM Resolution Appendix A rtExhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 U A.3u'"`� ! p Ilt ,tuPl a ,�'ti .._ ! 0 ! !j.:� '"•!M','t-- "�E�M '� �yl jr-m n h.It-l�... kit �Y,pv ...w, t �va F#fi�ha 1 �� { 3 E, r rjv�l9 a! hr" FF _ _...d_ �i iTt i5n t,, +' ° d„t" I rem"!i FtG...n... Submitted by Patricia Varney Date 04/29/08 Department Director Kristen Jones Date 05/05105 Assistant City Manager Date HR Director Date Finance Director Patricia Varney Date 05/05/08 City Attorney Thomas J. Ansbro Date 05/05/08 City Manager Ivan Pato Date 05/05/08 User Creating Item Item Name (do not use/or\ in name) Patty Varney 08 Surplus Property ,d u� �3Gh� "Y!2' ads '� ��ti�9'YI�•�Ri R�{'!i!!�'�!i'i L'� �t'i��� mi O!}•liE�II!!it}�P,�.`�i(ift �16i� � i�.1. LQ'6 .. dY.. h�{.�'1�rt•}{l,.t ..l.fii6di iiii�n,GM„ i,...uCX'� !!1..... I,t.!'+lI �l:i iidtl Yt4.ii{t4 t ld..i,tv,�IltlC�i.i!nt0:.'�.'.,� iII!�i.t!).••�iln,6,m !'� ttu.{(}1,I H.,! SilCdH i! IIN Commission Action: Approved: ❑ Denied: ❑ Continued to: ❑ RESOLUTION NO. 2008-077 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, DECLARING CERTAIN PERSONAL PROPERTY TO BE OBSOLETE, SURPLUS, AND OF NO FURTHER USE TO THE CITY OF DANIA BEACH; DECLARING THE INTENT OF THE CITY TO DISPOSE OF SUCH PROPERTY AT THE DIRECTION OF THE CITY MANAGER; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the City Commission has determined that the property listed on Attachment"A"is declared to be surplus and of no further use to the City of Dania Beach. Section 2. That the City Manager is authorized by the City Commission to dispose of such property in any manner or method which he determines will generate the most revenue to the City. Section 3. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 4. That this Resolution shall be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED on 12008 ALBERT C. JONES MAYOR-COMMISSIONER ATTEST: LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS BY: THOMAS J. ANSBRO CITY ATTORNEY ATTACHMENT "A" SURPLUS ITEMS 1. 50 Border Patrol BP Pro-3000A Roller Hockey Rink fiberglass dasher boards, 42"x 8' x 1.25", which includes 5 entrance/exit doors. Total size of rink is 81' x 150'. 2. One pair of Border Patrol Tournament Goals 3. Sony Cyber-shot DSC-S40 digital camera 4. Sony Cyber-shot DSC-S700 digital camera 5. Sony Cyber-shot DSC-S40 digital camera 2 RESOLti PION#2008-077 CITY OF DANIA BEACH Agenda Item # 7 Q Agenda Request Item Date of Commission Meeting: 5-13-2008 Public Hearing ❑ Adopt Resolution ❑X Adopt Ordinance (1st Reading) ❑ Adopt Ordinance (2nd Reading) ❑ Award Bid/RFP ❑ Presentation ❑ Continued from: k r ts..3t r F .9 �krvl w tax v i v°i{s,.q Wt t t t ! v IM t ' t r.i3ttlEri tL, �. v- urv, ! �- :_ p ,,,,!a...;`r :> a 5 E�tN 1.EF.,.2�.: .tEh„S,ra•,,Uar`H�.Ir,�h,i �'t.,a,�'to W. �`��� _ .,. APPROVAL OF RESOLUTION FOR AGREEMENT WITH ASHBRITT INC, FOR DISASTER RECOVERY SERVICES +IS rvr t t ya Yeti w ru vt' >fo':a v ra t 11p i,{t°+r,°§% AaE'� vta K >r r i ,! t,,t !!i tv8iv+a�t,py E�+h '�.��' �.i ra ti:.i ttv� vi , +:dv e :�v.. t ,...._.:,..nw,.rv,.'E4d. �l,I�',l..,,vi�ib*�' �',. 3 p i h3,_E; ,x.i..:: �... .... .tr,a. TO MEET REQUIREMENTS FOR SERVICES IN CASE OF ANY TYPE DISASTER r tF{+p 'lit r`a , - 5 NMI � "w"''' y, I'4i vaav r�.l3itE itl oa?aF r� c'i t=.'`v v(.r v't"7 av�r t *, rzEa�t l{� a._: i 9 f a!`. �1?i t§t.,pr 6${!�tv .,a�r+vsi°,v. �sivll °. °.� A ;t:�� Mi.t s S.tt..-u, ,tea MEETS FEDERAL REQUIREMENTS AS WELL AS ASSURING WE HAVE SERVICES IF NEEDED � t � -r ';s: t t �vr, Et cw p . nsen � nt3 2 tt'h '4Y ti r pE A si5" ity _,,a:,s7p dmt.. a„p „ d .. .:;t Dept: Acct#: Amt: Fund: General: ❑ Water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ _ r ,t't 'p��`}�� r•'t=it u$..;gyq�v'l�ti §3i h d! i��i 4 �Ei'E.,I°uC !iF'� ,a!vk't'S t ��5 t�t3tt ,�I "r�'1....s.ueio-� ;i,tfY',. d __au.,�.:.� ,.I tau,I,vi�t:!'A, ,;CPO :_ EM 9ra SEE MEMO UNHWHIRIMURnpl� r ljflljj,, ­­r . g M ill, —E MEMO O "qI "Pi.i. ONE IIIIIIIII ISBN H MIME am P OPIUM In BVIII I �m jHiIIjHi I, 01"'.1i III i,; -I IN NHIH-HII� "II -IHI*I H, KHN • Ohl I min -0! MEMO RESOLUTION CONTRACT Exhibit 1 —Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 m IiIilg HUCAPERiM Iilagmg,5-..Imig-m Vim NAlliff"KRIM TIT'Rillli AXIOM,5F�T IIILP RiMoi, IKI�-ffllj-W _F, g E, 111=10-ifio �Ear` ,ar oil; pi giiagml ii RIM ..-II.RI i8 W,9"4, 14-NNWH01- R, Igi- Ng rk.,III ,gym, V g I!� 1"1, if, Illp vm I'lu Wi . giii Submitted by Leo Williams Date 05/05108 Department Director Dominic Orlando Date 05/051108 Assistant City Manager Date HR Director Date Finance Director Patricia Varney Date 05/05108 City Attmey Thomas J. Ansbro Date 05/06108 City Manage Ivan Pato Date 05/06/08 User Creating Item Item Name (do not use or in name) iLeo Williams AGENDA REQUEST ASHBRIT'r 2008 05-13-08 MAIM MI 11,iiis.H H IN M- 3 iiftwijl��III,m 64 Commission Action: Approved: F] Denied: ❑ Continued to: F-1 RESOLUTION NO. 2008-078 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN AGREEMENT ON BEHALF OF THE CITY WITH ASHBRITT, INC., A FLORIDA CORPORATION, FOR DISASTER RECOVERY SERVICES, WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR CONFLICTS, FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Charter of the City of Dania Beach, Part III, Article 3, Section 4, Subsection 0), authorizes the City Manager to purchase supplies, services, equipment and materials for the City government in amounts in excess of $25,000.00 without competitive bidding and without advertisement for bids if he is authorized to do so in advance by a resolution adopted by the City Commission and if such purchases are made pursuant to a competitive bid obtained within the last twelve (12) months by other governmental agencies such as the federal government, State of Florida or a Florida county or municipality; and WHEREAS, the City Manager has determined that it is necessary to have an agreement to provide for disaster recovery services for the City; and WHEREAS, the City Manager has determined that such services can best be obtained pursuant to an agreement with Ashbritt, Inc; under the City of Parkland Resolution No. 2007-70, valid through June 20, 2009, a copy of which is attached to this Resolution; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the proper City officials are authorized to execute an agreement between Ashbritt, hic. and the City for disaster recovery services, in connection with the current City of Parkland contract valid through June 20, 2009, a copy of which is attached and identified as Exhibit "A"; provided, however, that if Ashbritt contracts with any other governmental agency in the South Florida area and service rates are lower than those afforded to the City of Parkland, then Ashbritt shall provide such services at the lower rates to the City. Section 2. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 3. That this Resolution shall be in force and take effect immediately upon its passage and adoption. PASSED and ADOPTED on 2008 ALBERT C. JONES MAYOR—COMMISSIONER ATTEST: LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: BY: THOMAS J. ANSBRO CITY ATTORNEY 2 RESOLUTION#2008-078 As�itMu,Vie. 4W South Andrews Avenue, Suite 103 Pompano Beach,Florida 33W Phone: (954) 545-3535 Toll Free: (8W)244-3094 1 Fax: (954) 545-3585 Fxawl: iniboaWACULCOIR Web:www.ashbda.com j Pefmtrys ask4pm John W. Nabk MWAMUS VP tamed atleg Officer (954)919-3564 chi(24 ks) (954)683-0247 cell (24 fus) n*bOashbritt com inobk9ashbrittcmn 8 Maxer Aida C;OW , .. ,. Sr. (934)914.8978 cU O%hm) (954)804M call (24 his)-41 *ashbrfttcom OWk 290 45SS v 11,. iMb JUN i 21i� bf& CITY OF PARKLAND 6600 UNIVERSITY DRIVE FARKLAND,FL 33067 (954)753-5040 Sent Via Fax'& Regular Mail June 13,2007 AshBritt,Inc. 480 South Andrews Avenue,Suite 103 Pompano Beach,FL 33069 Attn: Terry Jackson,Chief Marketing Officer Re: RFP#2007-07 Post Disaster Debris Removal and Disposal Services Dear Mr.Jackson: This is to inform you that City Staff has completed their review and ranking of RFP #2007-07 and has made their recommendation to the City Commission. Attached is a copy of the staff ranking for your review. It should be noted that the staff ranking is only advisory and the City Commission will be doing their ranking at the June 20, 2007 City Commission Meeting. The City Commission will not be considering any fiuther presentations regarding this R;FP however, a representative(s) from your finn is certainly welcome to attend the aforementioned meeting. Please be reminded that as per Article 4, Paragraph 8 of the RFP, "Proposers and consultants are not permitted to lobby any City personnel, City Commission Member, or member of the Committee related to,or involved with,any procurement betweegthe time the notice of intent to procure services is issued and the recommendation for award is acted upon by the City Commission." Please contact me at(954) 7574121 should you have any questions or require additional information Thank you for your desire to work with the City of Parkland. Sincerely, Jim Berkman Public Services Director Cc: Caryn Gardner-Young,Interim City Manager Sandra Couzzo,City Clerk �qp pp �p V C O G Y O N N N O! EO A N N NN N V V V M M M M M yF O N VA N N M O O Co 1f1 N N N 10 p M �f co p CO CO m 00 m 10 W N CD fO 00 < ca W V V O N V O to pp O N O Q y VONE 11� COD � OCD fN0 ^ OOD t00 n l H y e V O � _ d O O O O N O N N 0 N O 1!Y O O N Nto co � r N � eN,- N � � n O 0 �O IO O F: O LL F H z N V N l N N N NN O O O N r r N O W N N , W nW N N Oto Or NCO �COO N r r r r r r r r G � � V H N V LL a N !3 � m cc LL c C N w C C m 4) Q V L O ca cc 1 RESOLUTION NO. 2007- 70 2 3 A RESOLUTION OF THE CITY COMMISSION OF THE 4 CITY OF PARKLAND, FLORIDA TO RANK THE 5 SEVENTEEN DEBRIS REMOVAL SERVICE BIDDERS 6 AND TO AUTHORIZE THE CITY MANAGER TO 7 EXECUTE A CONTRACT WITH THE TOP RANKED FIRM; 8 PROVIDING FOR SEVERABILITY; AND PROVIDING FOR 9 AN EFFECTIVE DATE. 10 11 12 WHEREAS, City Staff advertised an RFP for the purpose of awarding a 13 contract to provide debris removal services within the City on a emergency basis; 14 and 15 16 WHEREAS, In accordance with FEMA regulations, a selection committee 17 consisting of the Public Services Director, Public Services Operations Manager 18 and Environmental Resources Director read and reviewed the seventeen (17) 19 submitted proposals and ranked them with Ashbritt Environmental ranked as the 20 top choice; and 21 22 WHEREAS, staff provided their recommended choice to the City 23 Commission, which recommendation is only advisory in nature; and 24 25 WHEREAS, the City Commission independently scored and ranked the 26 bidders based on set criteria; and 27 28 WHEREAS, upon final scoring and ranking, the City Commission 29 authorizes the City Manager or his designee to negotiate and enter into a 30 contract with the top ranked firm to provide debris removal services; and 31 32 WHEREAS, the City Commission hereby determines it to be in the best 33 interest of the health, safety and welfare of the citizens and residents of the City 34 of Parkland for the City Manager to enter into such a contract; and 35 36 NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMUISSION 37 OF THE CITY OF PARKLAND, FLORIDA, THAT; 38 39 SECTION 1. The foregoing "WHEREAS" clauses are confirmed and 40 ratified as being true and correct and are hereby incorporated herein. All exhibits 41 attached hereto are hereby incorporated herein. 42 43 SECTION 2. The City Commission hereby ranks the seventeen (17) 44 bidders according to the order as outlined in Exhibit A. 45 I SECTION 3. The City Manager is hereby authorized and directed to 2 negotiate and enter into a contract for debris removal services with the top 'ranked 3 firm as outlined in Exhibit A. The final contract shall be in a form approved by the 4 City Attorney and 5 6 SECTION 4. All resolutions or parts of resolutions in conflict herewith are 7 hereby repealed to the extent of such conflict. 8 9 SECTION S. If any clause, section, other part or application of this 10 Resolution is held by any court of competent jurisdiction to be unconstitutional or i 1 invalid, in part of application, it shall not affect the validity of the remaining portions 12 or applications of this Resolution. 13 14 SECTION 6. This Resolution shall become effective immediately upon 15 adoption. 16 17 PASSED AND ADOPTED THIS 20 DAY OF June 2007. 18 19 20 CITY OF K LORIDA 21 22 23 24 U INE, MAYOR 25 / 26 27 ATTEST: 28 d 29 30 31 SANDRA COUZZO, CIVIC 32 CITY CLERK 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Exhibit A 48 6/13/2007 2 EXHIBIT 'W' CITY OF PARKLAND POST-DISASTER DEBRIS REMOVAL AND DISPOSAL SERVICES FINAL RANKING (Total Points By City Commission) RANK FIRM TOTAL(800) 1 AshBritt Environmental 754 2 Bamaco 743 3 Crowder 740 4 Grubbs 705 5 DRC 703 6 Crowder Gulf 698 7 Ceres 669 8 Conrad 665 9 BG Katz 651 10 SRS 623 11 Wood Resource Recovery 609 12 Man Con 599 13 TAG 590 14 T.F.R. 585 15 NATCO 582 16 Sunshine 2000 573 17 Bergeron 552 AGREEMENT FOR EMERGENCY DEBRIS MANAGEMENT AND DISASTER RECOVERY ASSISTANCE THIS AGREEMENT is entered into by and between the CITY OF PARKLAND (City), a municipal corporation and ASHBRITT, INC. (Ashbritt), as follows: WITNESSETH: WHEREAS, pursuant to an RFP (the RFP) the City accepted competitive proposals for Emergency Management and Disaster Recovery Assistance (the Services); and WHEREAS,the Services are delineated in the RFP; and WHEREAS, the RFP is attached hereto as Exhibit A and made a part hereof and describes the Services; and WHEREAS,the City received 17 responses to the RFP; and WHEREAS, after evaluation of price and other relevant factors by a City evaluation committee and the City Commission, the City has determined that the best proposal was submitted by Ashbritt and that Ashbritt has the necessary resources, experience and ability to perform the contract at a competitive price; and WHEREAS, the City wishes to award the contract to Ashbritt for the Services; and WHEREAS, Ashbritt agrees to these terms and conditions; NOW THEREFORE,be it agreed by and between the parties as follows: Section 1. The above referenced Whereas clauses are true and correct and made a part hereof. Section 2. The attached RFP, together with the response to the RFP of Ashbritt (attached as Exhibit B and referred to as Response) shall constitute the contract for Services, except to the extent specifically modified herein. The City may terminate this contract for convenience upon sixty (60) days notice to Ashbritt. Section 3. With regard to the RFP and the Response, wherever the term Contractor or other similar reference is used, that shall refer to Ashbritt. Ashbritt shall cooperate with the City in delivering all debris to said sites as finally approved by City. City in its sole and absolute discretion. Section 4. The parties recognize that the indemnification and hold harmless provision in Section 3.18 shall be liberally construed in favor of the City and nothing therein shall be construed to waive any sovereign immunity enjoyed by the City. Section 5. Except as specifically modified herein, Ashbritt shall be bound by the terms and conditions and prices as set forth in Exhibits A and B. The City shall determine, in its sole and absolute discretion, which of said services it wishes Ashbritt to perform. Section 6. Ashbritt recognizes that the City will rely upon the ability of Ashbritt to mobilize necessary manpower in emergency situations and to be able to perform all Services at the prices set forth herein, which prices are guaranteed for the term of this contract and any extensions permitted hereunder; further Ashbritt shall be available in a timely manner commensurate with the nature of the gravity of the task. Ashbritt recognizes that the damages to the City for failure of Ashbritt to perform as expected in an emergency situation and at the price guaranteed in the Response and in a timely manner with manpower and equipment necessary to the task shall constitute a breach of the contract and that damages are difficult to determine in such a case. The liquidated damage provision set forth in Section 3.1 of the contract is thereby applicable. The liquidated damage provision shall apply to each day that Ashbritt is unable to perform the Services as delineated in this Agreement in a manner that would be reasonably expected for an emergency situation. The parties understand that in an emergency situation significant mobilization will be required, and that the failure of Ashbritt to mobilize and provide the Services with an amount of manpower and equipment reasonably related to the nature of the task shall constitute failure to perform by Ashbritt. Further, should the City decide (in its sole and absolute. discretion) to make other arrangements with other contractors by virtue of the failure of Ashbritt to respond in a reasonable manner with sufficient manpower and equipment to an emergency condition pursuant to its obligations under the contract, then Ashbritt shall be responsible for any additional expenses incurred by the City related to other contracts. Ashbritt recognizes that this provision shall be liberally interpreted in -2- 1 favor of the City and this provision is fair and reasonable, given the importance of emergency response for the public health, safety and welfare. Section 7. This is a non-exclusive contract. The City may, in its sole and absolute discretion, utilize other parties to provide any of the services listed on Exhibits A and B, or any aspect of the Services if the City deems it to be in the best interest of the City. Section 8. All notices required in accordance with the terms of this Agreement shall be forwarded to the parties at the following addresses: CITY: City Manager City of Parkland 6600 University Drive Parkland, Florida 33067 ASHBRITT: John W. Noble, Chief Operating Officer 480 S. Andrews Avenue, Suite 103 Pompano Beach, Florida 33069 Section 9. This Agreement shall be effective upon the date that the last party affixes its signature hereto. IN WITNESS WHEREOF the parties have caused these presents to be executed. Witnesses: CITY OF PARKLAND By: ont1 C er-Yo -)I �oZ City Manager -3- i ATTEST: Sandra Couzzo, CMC, CityQ)Wk Approved as to form: Andrew S. Maurodis, City Attorney Witnesses: ASHBRITT, INC. By: I -4- Exhibit "A" CITY OF PARKLAND REQUEST FOR PROPOSAL RFP #2007-07 POST-DISASTER DEBRIS REMOVAL & DISPOSAL SERVICES The City of Parkland is requesting sealed proposals for Post-Disaster Debris Removal and Disposal Services pursuant to the specifications as attached hereto. All proposals shall be provided in compliance with the specifications in sealed envelopes submitted to the City Clerk on or before 10:00 a.m. May 2, 2007 at Parkland City Hall located at 6600 University Drive, Parkland, Florida 33067. No late proposals will be accepted. The City reserves the right to reject all proposals, to waive minor irregularities, or take such other actions with regard to acceptance or rejection of proposals as it deems, in its sole discretion, will serve the public interest. The specifications attached hereto detail the scope of services and contractual requirements which will be imposed. The City reserves the right to make additional contract requirements in accordance with the direction of its City Attorney and the successful firm shall be obligated to execute a contract that provides for those additional requirements. The City Commission shall make a determination as to either accepting a proposal or rejecting all proposals within sixty (60) days of the deadline for receipt of proposals as set forth above. If the City awards a firm, the successful firm shall be required to enter into a contract with the City within thirty (30) days of decision by the City Commission. The proposer, joint venture or other form of association, ("proposer") shall submit ten (10) hardcopies, with one (1) of the hardcopy responses marked "Original' containing all original documents of the required response to the Request for Proposal (RFP). The Contract shall be awarded to the lowest and most qualified bidder whose price and qualifications cause its bid to be considered the best and most responsive bid. Advertisement: Sun Sentinel -April 18, 2007 DemandStar—April 13, 2007 Page 1 i Exhibit"A" GENERAL CONDITIONS ARTICLE 1: PROPOSERS QUALIFICATIONS 1. All proposers must be primarily or heavily engaged in providing the services as outlined in this Request for Proposal. 2. All proposers must have a demonstrated comprehensive understanding in areas listed in this proposal. Understanding and previous experience are essential criteria in the qualifying process. 3. The proposer's personnel and management to be utilized in this service requirement shall be knowledgeable in their areas of expertise. The City reserves the right to perform investigations as may be deemed necessary to insure that competent persons will be utilized in the performance of the contract. The City, at its sole discretion reserves the right to have the Firm remove any employee or sub-contractor that the City deems in the best interest of the residents and citizens of the City of Parkland. ARTICLE 2: REQUIRED SUBMITTALS In responding to this proposal, each proposer shall include within a 30-page limit (total for the entire submission). 1. Firm's Credentials: Proposer shall include a description of the proposer's business history and number of years in operation. Proposer shall include number of employees, when firm was established, principals of firm, and any other related information. 2. Expertise of Designated Staff: Describe the qualifications and experience of personnel that will provide these services including demonstrated managerial capabilities, knowledge and understanding of the types of services to be performed; previous experience in similar or related work,and local codes, laws and regulations governing the work. 3. Past Performance: Proposer shall provide any information that documents successful and reliable experience in past performance, especially those performances related to the requirements of this Request for Proposal. Related experience shall be restricted to those assignments undertaken within the last five (5) years. 4. Services to be Provided: The proposer shall provide a detailed list of all services that the firm is able to provide and explain how these services will be accomplished. Please include a guaranteed response time in this portion of the submittal. 5. Current Contracts: Firms shall list all city, county or state disaster service related contracts in which they are currently obligated to fulfill during the initial term of this agreement with the City of Parkland. 6. Litigation: All proposals shall provide a list of the litigation in which the firth has been involved in the past three (3) years. All active cases shall be reported. The bidder shall provide the style of the case, the case number, and a brief description of the dispute which led to the litigation. Page 2 Exhibit"A" 7. Bid Documents: Pages 22 through 33 shall be completed and submitted in this portion of the submittal. ARTICLE 3: SELECTION PROCESS 1. Schedule of Events: Submittal Due Date: May 2, 2007 at 10:00 a.m. Committee Shortlist Date: On or before May 18,2007 City Commission Review and Decision prior to June 7, 2007. (The City Commission may extend this date). 2. Evaluation of the proposals will be conducted by an evaluation committee of qualified City Staff, or other persons selected by the City. The committee will evaluate all responsive proposals received from Proposers who meet or exceed the eligibility requirements contained in the RFP based upon the information and references contained in the proposals as submitted and an inspection of the Proposer's facilities, equipment, record keeping procedure, and staff. 3. The committee will conduct discussions, for clarification purposes only, with the responsive and responsible Proposers and rank the proposals in accordance with criteria contained below. The first ranked proposal resulting from this process will be recommended to the Parkland City Commission for award. 4. The City may require visits to the Proposer's facilities to inspect record keeping procedures, staff, facilities and equipment as part of the evaluation process. The City reserves the right to award the contract to that Proposer who will best serve the interest of the City. The City reserves the right, based upon its deliberations and in its opinion, to accept or reject any or all proposals. The City also reserves the right to waive minor irregularities or variations to the specifications and in the bidding process. 5. Proposers may be asked to appear before the evaluation committee, if desired by the City and shall appear before the City Commission upon request to make a presentation. Oral presentation to staff, if required, shall be for clarification purposes only, not for negotiation. Proposers may be required to submit additional information upon request for clarification purposes but no material changes in proposals shall be pennitted. 6. The evaluation committee's findings will be reviewed by the City Commission which shall then make its determination as to the award of the contract based upon the criteria set forth below. The Commission shall independently score bidders based on the criteria set forth below. The recommendations of the evaluation committee shall be advisory only. The Commission may interview Proposers or make its determination without interviews. 7. The City reserves the right to award the contract to that Proposer who will best serve the interest of the City. The City reserves the right, in its sole discretion, to accept or reject any or all proposals. The City also reserves the right to waive minor irregularities or variations to the specifications and in the proposal process. A submittal shall be rejected for failure to comply with the following requirements: • The proposer is not registered and licensed in the State of Florida to provide the proposed services. • The submittal is not received by the City by the specified deadline. Page 3 Exhibit"A" 8. The following evaluation criteria will be used: Total Points Available is two hundred (200) points. (a) Fees as proposed. Maximum points available are seventy-five(75). (b) Experience, qualifications, and general past performance on similar contracts of the contractor, owners and officers, and persons who will be directly involved managing the service on a daily basis (including how many current contracts are existing in the State of Florida). Maximum points available are fifty(60). (c) The sufficient of the financial resources and the ability of the bidder to perform the contract or services as requested, including the condition of equipment and facilities, record keeping procedures, competency of staff and financial support. Maximum points are forty(40). (d) Location of contractor (proximity to the City of Parkland) and use of contractors Within Broward County and the City of Parkland. Maximum points available are thirty-five (36). ARTICLE 4: MISCELLANEOUS 1. Proposer's Representations: The Proposer by making a proposal represents that the Proposer has: a. Read and understands the Request for Proposal documents, the full scope of work, and the proposal is made in accordance. b. Read and understands the Request for Proposals documents to the extent that such documentation relates to the Work for which the proposal is submitted, and for other portions of the Project, if any being bid or proposed concurrently or presently under construction. c. Has based their proposal upon the materials, equipment, and systems required by the Request for Proposal documents without exception. 2. Proposer's Rlaht To Protest: 1. Conditions/Specifications: Any person desiring to protest the conditions/specifications in this RFP, or any Addendum subsequently released thereto, or any action of the Committee, shall file a notice of protest, in writing, within three (3) business days after the incident giving rise to the challenge and shall file a formal written protest within five (5) calendar days after the action. The time provided for filing a notice of protest shall be based upon whenever a person receives this RFP, or any Addendum released thereto, or the date of the Committee action, whichever is earlier. The City Commission shall hold a hearing and make a determination on all challenges. 2. All protests shall be filed with the Office of the City Manager, City of Parkland, 6600 University Drive, Parkland, Florida 33067. 3. MIWBE Participation: Proposers are advised that the City promotes equal employment opportunity and encourages the participation of Minority and Women Business Enterprises Page 4 Exhibit"A" (M/WBE) as well as small business enterprises in all aspects of contracting. Joint venturing at the prime and sub-consultant levels is encouraged where the joint venture results in a more qualified and/or more diverse proposer. Proposers shall make every;effort to maintain no less than fifteen percent(15%) M/WBE participation. I 4. Public Entity Crime; A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a proposal on a contract to provide any goods or services to a public entity, may not submit a proposal on a contract with a public entity for the construction or repair of a public building or public work, may not submit proposals on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. (F.S. 287.133). a. By submitting a proposal, the proposer represents that restrictions related to public entity crimes stated in Section 287.133(2) (a), Florida Statutes, do not apply to either his own company, or that of his subcontractors or suppliers. 5. Joint Venture: If the proposer is a joint venture, an executed copy of the joint venture agreement must be submitted with the application. Percentages of participation of fees must be clearly stated for each joint venture partner. All subcontractors must also be listed and the nature of their participation noted. Only one submittal will be accepted per proposer, either as a single prime firm or as part of a joint venture. 6. Request For Information Will: Any questions, requests for clarifications or interpretations regarding this RFP during the Submittal preparation period (or reporting errors, inconsistencies, or ambiguities) shall be received no less than seven (7) days prior to the deadline and no questions or clarifications will be considered after this date. Proposers must submit written requests. Address questions or requests for clarifications in writing to: Jim Berkman, Public Services Director Fax: 954-346-2160 Email: iberkmanCrDcitvofaarkland.ora. Submitted questions, request for clarifications or interpretations not specifically answered in the RFP will be addressed by addendum. The City will make no oral answers, clarifications or Interpretations. Any answers, clarifications or interpretations made in any other manner than an addendum will not be binding and Proposers shall not rely upon them. Submittal of questions in electronic(e-mail) form or via facsimile will be accepted. 7. Prohibited Contact: The City will consider no other inquiries regarding the RFP. In the event that a proposer attempts to contact any official, employee or representative of the City Commission in any manner contrary to the above requirements, said proposer shall be disqualified from further consideration. This prohibition does not apply to: a. Telephone calls to the City to request copies of this RFP, to confirm attendance, or request directions regarding an interview notification received from the City; b. Delivery of the proposer's Submittal; c. Discussion at the Committee review; d. Delivery of written questions about the RFP; and/or e. Review of background/contract documents at the staff offices. Page 5 I ... ....... . . . .... .. . Exhibit"A" 8. Lobbying: Proposers and consultants are not permitted to lobby any City personnel, City Commission Member, or member of the Committee related to, or involved with, any procurement between the time the notice of intent to procure services is issued and the recommendation for award is acted upon by the City Commission. All oral and written inquires must be directed to the individual identified in the procurement documents. Any proposer or any individual that lobbies on behalf of a proposer during the time specked above will result in rejection/disqualification of said proposal. 9. Standard Professional Service Agreement: The top ranked firm shall execute and comply with the City's professional services agreement as approved by the City Attorney. All contracts must be approved by the City Commission. 10. Contract Term: Services shall be performed on an as needed basis, for a two (2) year period, with options for three (3) additional one (1) year renewals. The City reserves the right to renew the terms of this Agreement for three (3) additional one year periods at its sole option by giving notice prior to each anniversary date. 11. Compliance With Laws: The selected firm, its officers, agents, employees, and contractors, shall abide by and comply with all Federal, state and local laws. It is agreed and understood that if City calls the attention of Contractor to any such violations on the part of the Contractor, its officers, agents, employees, contractors, then Contractor shall immediately desist from and correct such violation. If Contractor is in violation of any law, Contractor shall be solely responsible for coming into compliance with such law and shall be solely responsible for the payment of any fine charged for such violation. 12. Permits And Licenses: The selected firm shall submit copies to the City's Public Services Director or designee of all licenses required for this work. The Firm, at its own expense shall be responsible for obtaining any permits and licenses that may be required under this Agreement. 13. Hours Of Operation: All work under this contract shall be performed between the hours of 7:00 am and 7:00 pm, local time. However, under certain conditions, the City may, at its sole discretion, extend these hours when deemed in the best interests of the residents of the City. 14. Indemnity: The selected firm shall indemnify, defend and hold City and its employees harmless from any and all liability, claims, causes of action, judgments or penalties in any way related to the actions or omissions, its activities and those of its employees, subcontractors and agents pursuant to or related to this agreement. Nothing herein shall constitute a waiver of the City's sovereign immunity. 15, Insurance: The selected firm shall provide the City with proof of adequate (in the opinion of City) workers compensation insurance. Contractor shall procure and keep in force general liability insurance in the amount of $1,000,000 with the City as an additional insured. The insurance policy shall require thirty (30) days notice to the City in the event of cancellation, alteration or termination. The City shall receive current copies of the certificate of insurance. All vehicles used by the firm shall have liability insurance in the minimum amount of $500,000 per incident. The City reserves the right to require additional insurance in order to meet the full value of the contract. Page 6 Exhibit"A" TECHNICAL SPECIFICATIONS POST - DISASTER DEBRIS REMOVAL & DISPOSAL SERVICES 1. SCOPE OF CONTRACTED SERVICES Contractor shall provide all expertise, personnel, tools, materials, equipment, transportation, supervision and all other services and facilities of any nature necessary to execute, complete and deliver the timely removal and lawful disposal of all storm-generated debris as directed by the City of Parkland (CITY). All removal and disposal shall be in accordance with the most current Federal, State, and local government standards/guidelines including, but not limited to, the Federal Emergency Management Agency (FEMA), Federal Highway Administration (FHWA), Florida Department of Environmental Protection (FDEP), etc. The term, "debris", as used herein, includes all forms of disaster-generated debris, such as vegetative, demolition, construction, household goods (hereinafter'white goods"), hazardous and industrial waste materials. Contracted services will be limited to the clearing of roadways and access routes, (herein after 'the emergency push"), debris removal (Right of Way, hangers/leaners/stumps and public property) and demolition of structures and other Right of Entry services when determined as necessary to: a) Eliminate immediate threats to life, public health, and safety; b) Eliminate immediate threats of significant damage to improved public or private property; and c) Ensure the economic recovery of the affected community for the benefit of the community at large. These contracted services shall provide for the cost effective and efficient removal and lawful disposal of debris on all public streets, roads, and other rights-of-way, including any other locally-owned facility or site as may be directed by the CITY, and in accordance with Federal requirements. Contract services will only be performed when requested and as designated by the CITY, by approved Work Authorization issued by the CITY. Contractor shall load and haul the debris from within the legal boundaries of the CITY to a site(s) specked by the CITY as set out in Section 4.8 below. The CITY reserves the right to assign work to various contractors, at its sole discretion. The CITY also reserves the right to approve all subcontractors hired by the contractor and/or to require the contractor to dismiss a subcontractor for cause, upon request. 1.1 Emergency Push/Road Clearance: Contractor shall accomplish the cutting, tossing and/or pushing of debris, hanging limbs, or leaning trees off of transportation routes as identified by and Page 7 i Exhibit"A" directed by the CITY. The emergency push will normally be completed within the first 70 hours following the activation of this contract, unless notified otherwise by the CITY. Time and material rate shall be applicable. 1.2 Debris Removal from Public Right-of-Way(ROW): As directed by the CITY, Contractor shall load and haul all eligible debris to an approved and certified temporary debris management site (rDMS) or other disposal destination, as speed by the CITY. All collection and hauling will be consistent with Federal requirements applicable to the disaster event. The contractor will ensure compliance with instructions from the CITY regarding the collection, hauling and disposal of hazardous wastes and/or other categories of debris. 1.3 Debris Clearance/Removal from Public Property As directed by the CITY, Contractor shall clear eligible debris from public property, load and haul all debris to a designated temporary debris management site (TDMS) or other disposal destination designated by the CITY. If necessary, the CITY will confirm the FEMA eligibility of the debris to be removed. 1.4 Demolition of Structures and Construction Debris Removal: As directed by the CITY, Contractor shall demolish unsafe structures and remove debris that has been determined by the CITY to be a threat to the health and safety of the public. Contractor will exercise due diligence in demolishing and/or removing debris from private property. The CITY will direct actions to secure the right of entry (ROE) onto private property to allow demolition and removal. Contractor will ensure hazardous materials screening and utilities disconnection as appropriate. All applicable local, state and federal regulatory requirements regarding asbestos containing materials shall be adhered to unless waived by applicable regulatory authorities. 1.5 Private Property Waivers: The CITY will direct all actions to secure necessary permissions, waivers and ROE Agreements from real property owners and/ or homeowner associations (HOA) as required for the lawful removal of debris and/or demolition of structures from real properties. All such actions will be consistent with Federal requirements applicable to the disaster event. 1.6 Debris Separation/Reduction and Temporary Debris Management Site (TOMS) Management: Contractor shall operate and manage the TDMS to accept and process all event debris. All actions will be implemented by the Contractor only with the prior approval of the CITY. Actions by the Contractor will include, but are not limited to, the following: • Ensure that only debris authorized by the CITY's Contract Administrator will be allowed into the TDMS sites. Page 8 i Exhibit"A" • Provide to the CITY a video record of the pre- and post-use site conditions. • As directed by the CITY, conduct an onsite Phase 1 Environmental Audit. • Prepare a plan of proposed site layout and review with the CITY prior to its implementation. • Prepare a plan for site security and traffic control for both on the site and adjacent roadways and review with the CITY prior to its implementation. • Provide adequate fire prevention/fighting equipment, including water truck and hoses, on site throughout the operational period of the TDMS. • Build and/or maintain roads as necessary for TDMS operation • Provide and/or construct and maintain stabilized roofed inspection towers sufficient for a minimum of three inspectors; Towers will be positioned at any entrance and any exit of the TDMS • Comply with any applicable environmental requirements, to include litter control fencing, silt fencing, dust control, hazardous materials containment area, and/or water retention berms. • Confine hours of operation of the TDMS to those determined by the CITY. • Stage and process all debris in accordance with instructions from the CITY. • Process debris by methods that may include, but not be limited to, reduction by grinding, air curtain incineration when approved, or other alternate methods of reduction, such as compaction. • Prior to reduction and to the extent practical, segregate debris between vegetative debris, construction and demolition debris, white goods, and hazardous waste. • Develop and implement, with the approval of the CITY, a procedure for management of the receipt of unauthorized and/or ineligible debris at the TDMS. • Provide the CITY with proper and acceptable documentation (including destination, tickets, volume/weight) for final disposal of debris accepted at the TDMS. • Upon the closure of the TDMS, restore the site to its pre-use condition, meeting all regulatory requirements for the site closure; Survey the site to verify that it has been restored to pre-use elevation and condition. • As directed by the CITY, sod, hydro-seed or sprig the property once all other site closure issues have been addressed. • As directed by the CITY conduct post use soil and water tests. 1.7 Designation and Management of Staging Areas: Contractor shall identify staging areas in collaboration with the CITY for the purposes of truck/equipment certification, provision of temporary fueling or vehicle maintenance (as required), and other operational service functions related to debris removal efforts. Contractor shall provide temporary tent, sanitary and other appropriate conveniences necessary for the care and well- being of all Contractor and sub-contractor personnel. The CITY will approve of the location, size, layout and services to be provided at any staging area established by the Contractor, who will insure that each area is managed in accord with all applicable regulatory requirements and in a manner to minimize disruption to the surrounding neighborhoods. Page 9 i Exhibit"A" i 1.8 Management of Tree Debris: Tree debris is herein defined as vegetation, stumps, hanging limbs, leaning trees, and similar materials resulting from trees damaged during the event. The CITY shall direct Contractor regarding removal, collection, hauling and disposal of tree debris, which shall be in accordance with the most current Federal, State, and local government standards including, but not limited to, the Federal Emergency Management Agency (FEMA), Federal Highway Administration (FHWA), Florida Department of Environmental Protection (FDEP), etc. Stumps within the public rights-of-way deemed by the CITY to be public safety hazards will be removed and disposed of by the Contractor. The Contractor is responsible for collection, hauling and disposal of all tree debris on the cost basis of the cubic yard rate for regular vegetative debris. 1.9 Disaster Recovery Technical Assistance: Contractor will provide Disaster Recovery Technical Assistance to the CITY to assist with guidance and consultation on all aspects of the recovery process. This assistance shall include documentation and management for the public assistance program, planning, training and exercise development, as well as attendance at the CITY's Emergency Operations Center (EOC) during activations of the EOC for exercise and actual emergency events as requested by the Contract Administrator. 2. PERFORMANCE OF SERVICES 2.1 Description of Service: Contractor agrees to perform contracted services in a professional and workmanlike manner and in compliance with all applicable laws, ordinances, rules, regulations, and permits. Only the highest quality workmanship will be acceptable. Services, equipment and workmanship not conforming to the intent of Agreement or meeting the approval of the CITY may be rejected. Replacements and/or rework, as required, will be accomplished on a timely basis at no additional cost to the CITY. 2.2 Cost of Services: Contractor shall bear all of its own operating costs and is responsible for all permit and license fees, and maintenance of its own trucks and equipment to keep such property in a condition and manner adequate to accomplish contracted services. Upon receipt and acceptance of full documentation of the performance of services and an accurate invoice as specified by the CITY, the Contractor shall be reimbursed on a unit price basis as specified in Attachment"A." Unknown and/or unforeseen events or conditions may require an adjustment to the unit costs given in Attachment "A", of this Agreement. Any amendments, extensions or changes to the scope of contracted services or unit prices are subject to full negotiations between the Contractor and Page 10 Exhibit"A" Contract Administrator and approval by formal CITY action. In addition, all costs related to labor, material, and equipment shall be fair, reasonable, and consistent with costs defined as reasonable per Office of Management and Budget (OMB) Circular A-87, to be applied at all times during implementation of the Agreement. 3. STANDARDS OF PERFORMANCE 3.1 Contractor representative and General Operations Plan: Contractor shall have a knowledgeable and responsible representative report to the Contract Administrator or designee and provide a copy of the Contractor's General Operations Plan within 7 days following the execution of this Agreement. The CITY will approve the General Operations Plan prior to its implementation within the CITY. The Contractor's representative shall have the authority to implement all actions required to begin the performance of contracted services as set out in this Agreement and Contractor's General Operations Plan. 3.2 Mobilization: When a notice to proceed in advance of an event has been received by Contractor, he/she will make all necessary arrangements to mobilize a minimum of 50% of the required resources within 48 hours and 100% of the required resources within 96 hours to commence and conduct these contracted services. The CITY may take such other actions as necessary to address the failure of the contractor to mobilize resources on the schedule required by the CITY. 4. GENERAL RESPONSIBILITIES 4.1 Other Agreements: The CITY may be required to enter into-agreements with Federal and/or State agencies for disaster relief. Contractor shall be bound by the terms and conditions of such agreements, regardless of the additional burdens of compliance. CITY will provide Contractor with a copy of any applicable agreements. 4.2 The CITY's Obligations: The CITY shall furnish all information and documents necessary for the commencement of contracted services, including a written Work Authorization. 4.3 Contractor's Conduct of Work: Contractor shall be responsible for planning and conducting all operations in a satisfactory and professional manner. All Contractor personnel and subcontractors shall demonstrate and maintain a courteous and responsible demeanor loward all persons. Page 11 Exhibit"A" I 4.4 Supervision by Contractor: Contractor will supervise and/or direct all contracted services performed by its employees, agents and subcontractors. Contractor is solely responsible for all means, methods, techniques, safety and other procedures. Contractor will employ and maintain a qualified project manager at the work site(s) who shall have full authority to act on behalf of Contractor. All communications given to the project manager by the Contract Administrator or designee shall be as binding as if given to Contractor. 4.5 Self-sufficiency of Contractor and Subcontractors: The Contractor shall ensure that its work force, including subcontractors, maintain self-sufficiency related to fuel, vehicle repair/maintenance, housing, sanitation food and related accommodations, in a manner that is consistent with local requirements and minimizing adverse affects on the community. 4.6 Damages by Contractor: Contractor shall be responsible for conducting all operations, whether contemplated by this Agreement or later requested as specialized services, in such a manner as to cause the minimum damage possible to existing public, private and commercial property and/or infrastructure. Contractor shall also be responsible for any damages due to the negligence of its employees and subcontractors. Contractor must report such damage to the Contract Administrator in writing within 24 hours. Should any property be damaged due to negligence on the part of the Contractor, the CITY may either bill Contractor for the damages, withhold funds due to Contractor, or the contractor may also repair all damage to the satisfaction of the CITY. The determination of whether "negligence" has occurred shall be made by the CITY. 4.7 Contractor's Duty Regarding Other Contractor(s): Contractor acknowledges the presence of other contractors involved in disaster response and recovery activities by the federal, state and local government and of any private utility, and shall not interfere with their work. 4.8 Contractor's Ownership of Debris: All debris, once collected by the contractor, shall become the property of the Contractor or the CITY may exercise ownership of flow control for removal and lawful disposal. The debris may consist of, but not be limited to, vegetation, construction and demolition debris, white goods and collected hazardous materials. 4.9 Contractor's Disposal of Debris: Unless otherwise directed by the CITY, Contractor shall be responsible for determining and executing the method and manner for processing and/or lawful disposal of all eligible debris as approved by the CITY. The locations of Page 12 Exhibit"A" the TDMS and final disposal sites shall be reported to the CITY and subject to their approval, utilized by the contractor. Separate unit prices for delivery and disposal of debris to TOMS and final disposal may be allowed by the CITY. Upon request from the Contractor, other sites may be utilized as directed and/or approved by the CITY. 5. GENERAL TERMS AND CONDITIONS 5.1 Multiple, Scheduled Passes: Contractor shall make scheduled passes and/or unscheduled passes of each area impacted by the event, at the direction of the CITY. The CITY shall direct the interval timing of all passes. Sufficient time shall be permitted between subsequent passes to accommodate reasonable recovery and additional debris placement at the ROW by the citizens and the CITY. The Contractor will document the completion of all passes based on the direction from the CITY and will provide this documentation to the CITY on the frequency requested by the CITY. 5.2 Clean as you go Policy: The contractor shall provide a "clean as you go" policy and supervise and enforce such policy during debris management operations. 5.3 Operation of Equipment: Contractor shall operate all trucks, trailers and all other equipment in compliance with any/all applicable federal, state and local rules and regulations. Equipment shall be in good working condition. All loading equipment shall be operated from the road, street, or ROW using buckets and/or boom and grapple devices to collect and load debris. No equipment shall be allowed behind the curb or outside of the public ROW unless otherwise directed by the CITY. Should operation of equipment be required outside of the public ROW, the contractor will ensure that a ROE Agreement has been obtained prior to property entry. 5.4 Security of Debris during Hauling: Contractor shall be responsible for the security of debris on/in each vehicle or piece of equipment utilized to haul debris. Prior to leaving the loading sites, Contractor shall ensure that each load is secure and trimmed so that to the extent practical no debris extends horizontally beyond the bed of the equipment in any direction. All loose debris shall be reasonably compacted and secured during transport in accordance with FDOT guidelines. As required, Contractor will survey the primary routes used by Contractor for debris hauling as soon as possible after the transport and will recover fallen or blown debris from the roadway(s). 5.5 Traffic Control: Contractor shall mitigate impact on local traffic conditions to the greatest Page 13 Exhibit"A" extent possible. Contractor is responsible for establishing and maintaining appropriate traffic control in accordance with the most current edition of the US Department of Transportation Manual or Uniform Traffic Control Devises (MUTCD). Contractor shall provide sufficient signage, flagging and barricading to ensure the safety of vehicular and pedestrian traffic at all debris removal, collection,reduction and/or disposal sites. 5.6 Work Days/Hours: Work days and/or work hours shall be as directed by the CITY following consultation and notification to Contractor. Working hours on holidays shall be at the discretion of the CITY. 5.7 Hazardous and Industrial Wastes: Upon the pre-authorization of the CITY, the Contractor shall set aside and reasonably protect all hazardous or industrial material encountered during debris removal operations for collection and disposal. Prior to such actions, the Contractor will prepare a Hazardous and Industrial Materials Cleanup and Disposal Plan, and this plan will be in accordance with all local, state and Federal requirements and will be approved by the CITY. In accordance with this plan, the Contractor shall use the subcontracting services of a firm specializing in the management and disposal of such materials and waste, if and when directed to do so by the CITY. 5.8 Utilizing Local Resources: Contractor shall, to every extent possible, give priority to utilizing labor and other resources originating within Broward County. 5.9 Work Safety: Contractor shall provide and enforce a safe work environment as prescribed in the Occupational Safety and Health Act of 1970, as amended. Contractor will provide such safety equipment, training and supervision as may be required by the CITY and/or other governmental regulations. Contractor shall ensure that Its subcontracts contain an equivalent safety provision. 5.10 Inspection of Contractor Operations: All debris shall be subject to inspection by the CITY and other public authorities to ensure compliance with this Agreement, applicable federal, state and local laws, and in accordance with generally accepted standards of emergency management professionals. The CITY will, at all times, have access to all work sites and disposal areas. In addition, authorized representatives and agents of the government shall be permitted to inspect all work, materials, invoices, and other relevant records and documentation. 5.11 Corrective Actions Required of Contractor When instructed by the CITY's representative, the Contractor will immediately Page 14 Exhibit"A" implement corrective actions to address health and safety issues and/or any other actions inconsistent with any of the terms of this agreement, as determined by the CITY in its sole discretion. Notify CITY within 24 hours. 5.12 Ineligible Work: The contractor will not be paid for the removal, transportation, storage, reduction and/or disposal of any material that fails to meet the standards as set forth in these specifications as determined by the CITY. 5.12.1 Eligibility Inspections: CITY's monitors shall inspect each load, or shall inspect at some other frequency of the CITY's direction, to verify that the contents are in accordance with the accepted definition of eligible debris. 5.12.2 Eligibility Determinations: If any load is determined to contain material that does not conform to the definition of eligible debris, the load will be ordered to be deposited at another approved and certified receiving facility. No payment will be allowed for that load and Contractor will not invoice the CITY for such loads. The CITY, through its authorized representative, will be the sole judge as to whether the material conforms to the definition of eligible debris. 5.13 Other Agencies: The term "government" as used in this Agreement refers to those governmental agencies which may have a regulatory or funding interest in this Agreement. 6. REPORTS, CERTIFICATIONS AND DOCUMENTATION 6.1 Reports: Contractor shall submit periodic, written reports in a format required by the CITY documenting the progress of debris removal and disposal. These reports may include, but are not limited to: 6.1.1 Daily Reports: Daily reports may detail the locations where passes for debris removal were conducted, the quantity of debris (by type) removed and disposed of, the total number of personnel crews engaged in debris management operations, and the number of grinders, chippers and mulching machines in operation. Contractor will also report damages to private property caused by the debris operation or damage claims made by citizens and such other information as may be required to completely describe the daily conduct of Contractor's operations within 24 hours. Page 15 . I Exhibit"A" 6.1.2 Weekly Summaries: A summary of all information contained in the daily reports as described in Section 6.1.1, within two days of the close of the week. At the request of the CITY, the data making up the weekly summaries shall also be submitted in electronic format, utilizing Microsoft Excel or Access. The submitted electronic weekly data will include: Collection Contractor, load ticket number, load date, load location, truck yardage, percent full, calculated yardage (or weight if applicable) field monitor name / number, TDMS location, tower monitor / name, debris materials categorization, and location of collection, e.g., ROW, FHWA, Canal, etc. 6.1.3 Report Delivery: The scheduling, point of delivery and receiving personnel for the debris operations report will be directed by the CITY, in consultation with Contractor. 6.1.4 Data Reconciliation Reconciliation of data will be accomplished weekly between the Contractor and the CITY's representative. All discrepancies will be resolved within 5 days. 6.1.5 Final Project Closeout: Upon final inspection and/or closeout of the project by the CITY, Contractor shall prepare and submit a detailed description of all debris management activities in an electronic spreadsheet, to include, but not limited to the total volume, by type of debris hauled, reduced and/or disposed of, final disposal locations and amounts of the debris managed by the contractor, plus the total cost of the project invoiced to the CITY. The contractor shall provide, upon request of the CITY and/or no later than project closeout, a release of liens demonstrating that all subcontractors to the Contractor have been fully paid. Agreement will provide any other additional information as may be necessary to adequately document the conduct of the debris management operations for the CITY and/or government. Final project reconciliation must be approved by the CITY. 6.2 Certifications i j The Contractor will adhere to the process for certification of personnel and vehicles established by the Broward County Countywide Disaster Debris Management Plan, to include the following: 6.2.1 Certification of Vehicles and Load Capacity Contractor shall ensure that all equipment is certified in accordance with most Page 16 i I Exhibit"A" current City/County procedures. After a disaster, the CITY, or their designated representative, will begin the equipment certification at a pre-designated site, or at staging areas established by the Contractor. All Contractor and subcontractor trucks shall have valid registrations, insurance and meet basic operational criteria: tailgates or equivalent containment devices, tarps, etc., as well as all applicable motor vehicle safety requirements. Drivers shall possess valid licenses. Truck body dimensions shall be measured, and information recorded on certification forms with calculated capacity noted. Each truck will receive two placards, one each of which shall be affixed on opposite sides of the truck body. The placards will be consistent with the standardized placard specified in the Broward County Countywide Debris Management Plan. The truck driver will be provided up to two (2) copies of the certification sheet for the contractor and sub-contractor's records. 6.2.2 Certification of Personnel The Contractor will certify to the CITY that all Contractor and Subcontractor personnel have received required and adequate training in relevant emergency response, disaster recovery, and debris management operations. Upon request of the CITY, the Contractor will provide documentation certifying the adequacy of the training, experience and capabilities of all Contractor and subcontractor personnel, to include but not be limited to the following: • Senior management personnel of the Contractor assigned to implement work authorizations pursuant to this agreement will participate, upon request, in training and briefing sessions held by representatives of Broward County and/or the CITY. • Senior, supervisory personnel of the Contractor and all subcontractors thereto wili have received training in debris management, the operational concepts established by the Broward County Countywide Debris Management Plan, and the implementation of the National Incident Management System. • Personnel assigned by the Contractor as responsible for data management, invoicing and other documentation duties will be trained in the data management concepts and approaches to be used by the CITY and Broward County, in accord with the provisions of the Broward County Countywide Debris Management Plan. • Vehicle and equipment operators will be fully licensed and certified, as required by applicable local, State and Federal statutes and regulations. • Upon their deployment for field operations, all Contractor and subcontractor personnel will be briefed or trained appropriately in their duties, responsibilities; and the procedures to be utilized throughout the debris management process, including safety procedures, load ticket management procedures, and accident reporting procedures Page 17 i Exhibit "A" 6.3 Utilization of a standardized "load ticket" The Contractor and all subcontractors will utilize a standardized "load ticket" for documenting each load of debris from its origin to the TDMS and/or final disposal location, as indicated. The "load ticket" utilized will be identical to and fully consistent with that defined in the Broward County Countywide Debris Management Plan unless otherwise stated by CITY. In the event CITY identifies a more suitable "load ticket" format, Contractor shall implement the use of such "load ticket" at CITYs request and at no additional cost to CITY. 6.4 Additional Supporting Documentation: Contractor shall submit sufficient reports and/or documentation for debris loading, hauling, disposal, and load capacity measurements, and any other services provided by Contractor as may be required by the CITY and/or other governmental entity to support requests for debris project reimbursement from external funding sources. 6.5 Report Maintenance: Contractor will be subject to audit by federal, state and local agencies pursuant to this Agreement. Contractor will maintain all reports, records, debris reporting tickets and Agreement correspondence for a period of not less than three (3) years. 7.0 OPTIONAL SERVICES The City of Parkland wishes the Contractor to provide the following services in addition to the management of vegetative debris, construction and demolition debris, and white goods debris, in the manner and for the unit cost indicated: 7.1 Debris removal and restoration of lakes and canals The Contractor will remove debris resulting from the event from the drainage and navigation canals and adjacent banks, as directed by the CITY. Debris to be removed will be vegetative and/or construction and demolition debris affecting the canals, but excludes removal of damaged and/or abandoned boats. The Contractor will also haul, process and dispose of the collected debris, as well as restore, re-grade, and/or reseed the canal banks and slopes, as directed by the CITY. The Contractor will be reimbursed at a fixed rate for this service. 7.2 Motor Vehicle Removal and Disposal The Contractor will remove motor vehicles damaged by the disaster event and/or abandoned by the owner due to the circumstances of the event. The CITY will identify the area(s) from which motor vehicles are to be removed. Motor vehicles will be processed by or for the Contractor in a manner that complies with all requirements for removal and processing of hazardous materials, e.g., gasoline, oils and other fluids. The Contractor will also ensure Page 18 Exhibit"A" the proper final disposal of the removed vehicle. The Contractor will be reimbursed at a fixed rate, inclusive of all towing, processing and disposal costs. 7.3 Boat Removal and Disposal Boats severely damaged by the disaster event, and abandoned in or on the canals and lakes of the CITY will be collected by the Contractor, processed for removal and disposal of hazardous materials in accordance with applicable regulations, demolished and transported to a suitable location for final disposal. The CITY will determine the vessels to be removed, will establish that they have been legally abandoned by their owners, and will take other necessary steps as required by law before directing the Contractor to remove and dispose of the vessel. The Contractor is otherwise responsible for compliance with all regulations and requirements applicable to the removal and disposal process. The Contractor will be reimbursed at a fixed rate for this service. 7.4 Hazardous Waste and Contaminated Debris Management The Contractor will identify, separate, collect, transport and dispose of disaster-generated debris determined to be hazardous and/or contaminated, thereby requiring that it be separately managed from other debris. The Contractor will provide trained, certified, experienced and equipped personnel to identify hazardous waste and contaminated debris at its point of origin, as well as to direct the Contractor personnel in the safe and proper handling and disposal of the material. All hazardous waste and contaminated debris will be collected, transported and disposed of by the Contractor as required by local, state and Federal regulations. The Contractor will be reimbursed at a fixed rate for this service. 7.5 Emergency potable water The Contractor will provide the CITY with whole pallets of individually bottled drinking water. The CITY will instruct the Contractor as to the number of pallets needed, the location(s) for delivery, and the schedule for delivery. Multiple deliveries may be necessary. The Contractor will be reimbursed at a fixed rate for this service. 7.6 Emergency delivery of ice The Contractor will provide the CITY with whole pallets of cubed ice made from potable water in individually packaged sacks of between 5 and 10 pounds, The CITY will instruct the Contractor as to the number of pallets needed, the location(s) for delivery, and the schedule for delivery. Multiple deliveries may be necessary. The Contractor will be reimbursed at a fixed rate for this service. 7.7 Temporary bathrooms The Contractor will provide portable toilets/ port-o-lets including regularly Page 19 ----------------------- Exhibit"A" scheduled maintenance, pick-up and disposal as may be necessary. The Contractor will be reimbursed at a fixed rate for this service. 7.8 Temporary satellite communications The Contractor will provide satellite phone communications capable of voice, text messaging, data transfer and Internet access for use by CITY personnel in the event of failure of other communications systems. The units will be rentedtleased to the CITY and will be fully equipped, including AC/DC adapters (including automotive battery chargers), instructions and carrying cases. The units will be fully operational upon delivery to the CITY, without further action by the CITY. The Contractor will be reimbursed at a fixed rate for this service. 7.9 Emergency power generation The Contractor will provide mobile electric power generation units for facilities and locations located within the CITY. The CITY will define the size, voltage requirements and fuel type of the mobile units, which will be leased to the CITY. Contractor shall deliver the units to the facilities or locations designated by the CITY, and ensure connection of the unit to the existing electrical wiring by a licensed electrician. The Contractor will also ensure the unit is fueled, tested, and demonstrated to be operational prior to departure from the location. The Contractor will have readily available technical support and repair or replacement services. The Contractor will be reimbursed a fixed rate for this service. 7.10 Sewer, culvert and catch basin cleaning The Contractor will provide all personnel, vehicles, equipment and supplies to clean disaster-related debris, including sand and mud, from storm sewers, culverts, catch basins and draining canals. The CITY will designate the storm water systems to be cleaned. This service will be provided on a per structure basis. i Page 20 Exhibit"A" ATTACHMENT "A" UNIT COSTS Note: Cost options would be adjusted by the CITY to be consistent with the services expected of the Contractor. Option One: The Contractor will provide all services and expenses necessary for the emergency push, debris pickup and hauling, processing of debris at the TDMS, and final disposal for a fixed unit price as a cost per cubic yard, as well as time and material for all related equipment regardless of debris type, but excluding debris designated as hazardous wastes. This cost is inclusive of all related expenses including, but not limited to, contract administration, technical assistance to the CITY, personnel training and certification, TDMS management, services for security, safety and traffic management, and associated actions necessary for implementation of debris management operations by the Contractor as defined in the agreement. Option Two: The Contractor will provide all services and expenses necessary for the emergency push, debris pickup and hauling, processing of debris at the TDMS, and final disposal for a fixed unit price as a cost per cubic yard, for the debris types noted below, but excluding debris designated as hazardous wastes. This cost is inclusive of all related expenses including but not limited to, contract administration, technical assistance to the CITY, personnel training and certification, TDMS management, services for security, safety and traffic management, and associated actions necessary for implementation of debris management operations by the Contractor as defined in the agreement. 1. Leaners, hangers, and stumps ($$/cubic yard) 2. Vegetative debris ($$/cubic yard) 3. Construction & Demolition ($$/cubic yard) 4. All inclusive debris to include all of the above ($$/cubic yard) Option Three: The Contractor will provide all services and expenses necessary for the emergency push, debris pickup and hauling, processing of debris at the TDMS, and final disposal for a fixed unit, as noted below, but excluding management of debris designated as hazardous wastes. This cost is inclusive of all related expenses including, but not limited to, contract administration, technical assistance to the CITY, personnel training and certification, TDMS management, services for security, safety and traffic management, and associated actions necessary for implementation of debris management operations by the Contractor as defined in the agreement. If you select option three, you should have a cost-not—to exceed provision without an agreed-to amendment. The contract must comply with 44 CFR 13.36 (b) (10). specifically, "grantees and sub-grantees may use time and material type contracts only if the contract includes a ceiling price that the Contractor exceeds at its own risk.' • Emergency push ($$/hour), for services up to but not exceeding 70 hours following activation of the contract by the CITY • Vegetative debris, including tree debris: ($$/cubic yard) • Construction and demolition debris, including white goods: ($$/cubic yard) Page 21 Exhibit "A" --NOTICE— BEFORE SUBMITTING YOUR BID MAKE SURE YOU. 1. Carefully read the SPECIFICATIONS and then properly fill out the BID FORMS (Pages 22 through 33). 2. Fill out and sign the NON-COLLUSIVE AFFIDAVIT and have it properly notarized. 3. Sign the CERTIFICATION PAGE. Failure to do so will result in your Bid being deemed non- responsive. 4. Fill out BIDDERS QUALIFICATION STATEMENT. 5. Fill out the REFERENCES PAGE. 6. Sign the VENDOR DRUG FREE WORKPLACE FORM. 7. Include WARRANTY Information, if required. 8. Clearly mark the BID NUMBER AND BID NAME on the outside of the envelope. 9. Submit ONE(1) Original AND TWO (2) Photocopies of your bid. 10. Make sure your BID is submitted prior to the deadline. Late Bids will not be accepted. 11. Include proof of insurance. 12. Include copies of all licenses and certifications. FAILURE TO PROVIDE THE REQUESTED ATTACHMENTS MAY RESULT IN YOUR BID BEING DEEMED NON-RESPONSIVE. THIS PAGE AND THE FOLLOWING PAGES ARE TO BE RETURNED WITH YOUR BID. THIS SHOULD BE THE FIRST PAGE IN THE BID SECTION OF YOUR PROPOSAL. I i Page 22 Exhibit"A" BID FORM BID NUMBER 2007-07 To: The Public Services Director of the City of Parkland: We propose to furnish the following in conformity with the specifications and at the below bid prices. The bid prices quoted have been checked and certified to be correct. Said prices are fixed and firm and shall be paid to Bidder for the successful completion of its obligation as speed in the contract documents. DISASTER DEBRIS REMOVAL AND DISPOSAL SERVICES (TIME AND MATERIALS — PUSH SERVICES ONLY) Mom .. A "Y0' i. Operators Included Skid Steer Loader Bobcat Hour Backhoe Cat 416 Hour Wheel Loaders Cat 950 Hour Wheel Loaders Cat 966 Hour Wheel Loaders Cat 980 Hour Tracked Loader Cat 955 Hour Towed Loader w/Tractor Prentice 210 Hour Self Loading Knuckle boom Truck 25-35 CY Body Hour Self Loading Knuckle boom Truck 35-45 CY Body Hour Dozer Cat D4 Hour Dozer Cat D5 Hour Dozer Cat D6 Hour Dozer Cat D7 Hour Dozer Cat D8 Hour Excavators Cat 320 Hour Excavators Cat 325 Hour Excavators Cat 330 Hour Tractor w/Box Blade 80 Hp, Hour Motor Grader Cat 120G Hour Crane 30 Ton Hour Bucket Truck Up to 50'reach Hour Bucket Truck 50'to 75'reach Hour Trash Transfer Trailer w/Tractor 110 Yard Hour Mechanized Broom Street Sweeper Hour Water Truck 2000 Gallon Hour Stump Grinder Vermeer 252 Hour Chipper w/2 man crew Morbark Storm Hour 12-Foot Tub Grinder Morbark 1200 Hour 13-Foot Tub Grinder Morbark 1300 Hour 14-Foot Tub Grinder Diamond Z 1463 Hour Page 23 Exhibit"A" BID FORM BID NUMBER 2007-07 i pigment /km- �tYric Equipment Transport w/Tractor 50 Ton Hour Truck Mounted Winch Tow Truck Hour Y _, ";Iisal,Vetiicles ;: : 4JIV �.= s Operators Included Dump Truck 10 to 15 CY Hour Dump Truck 16 to 20 CY Hour Trailer Dump w/Tractor 30 to 40 CY Hour Trailer Dwn w/Tractor 41 to 50 CY Hour Trailer Dump w/Tractor 51 to 60 CY Hour Trailer Dump w/Tractor 61 to 70 CY Hour Walking Floor Trailer w/Tractor 100 CY Hour portation Ve�iclea .. rzc or'Pype..: Operators Not Included Pickup Truck 1/2 Ton Da Pickup Truck 3/4 Ton Da Pickup Truck 1 Ton Da Box Truck 3/4 Ton Da Utility Van 3/4 Ton Da Passenger Van 9 Passen er Da Passenger Car Full size Da pefsotini Superintendent w/Pickup Truck Individual Hour Supervisor w/Pickup Truck Individual Hour Safety or QC Manager w/Pickup Truck Individual Hour Mechanic w/Truck and Tools Individual Hour Climber w/Gear Individual Hour Operator w/Chainsaw Individual Hour Laborer w/Tools Individual Hour Traffic Control Personnel Individual Hour Ticket Writers Individual Hour Clerical Individual Hour Administrative Assistant Individual Hour Page 24 Exhibit"A" BID FORM BID NUMBER 2007-07 DISASTER DEBRIS REMOVAL AND DISPOSAL SERVICES (UNIT COSTS) Name of Vendor: DESCRIPTION OF SERVICES UNIT OF MEASURE UNIT COST Collection(0-15 miles) Cu.Yd. Collection(> 15 miles) Cu.Yd. Processing and Disposal at Temporary Debris Management Sites (al costs including haul out and disposal as applicable) Vegetative Cu.Yd. Construction and Demolition(including white goods) Cu.Yd. Stumps(cubic yards per FEMA guidelines) Cu.Yd. Tree Debris Removal Hangers Per Tree Leaner 13'to 24' Per Tree 25'to 48' Per Tree 49'to 72' Per Tree >72' Per Tree Stumps 25'to 48' Per Stump 49'to 72' Per Stump >72' Per Stump Stump Back811 Per Stump Page 25 Exhibit"A" BID FORM BID NUMBER 2007-07 DISASTER DEBRIS REMOVAL AND DISPOSAL SERVICES (ALL-INCLUSIVE SERVICES) The Contractor will provide all services and expenses necessary for debris pickup and hauling, processing of debris at the TDMS (if required), and final disposal for a fixed unit price as a cost per cubic yard, for the debris types noted below, but excluding debris designated as hazardous wastes. This cost is inclusive of all related expenses including contract administration, technical assistance to the CITY, personnel training and certification, TDMS management, services for security, safety and traffic management, and associated actions necessary for implementation of debris management operations by the Contractor as defined in the agreement. Costfcubic yard • Vegetative debris - Right of Way/ Public Property • Tree debris— hangers, leaners and stumps • Construction and demolition debris, including white goods: The undersigned declare to have specific and legal authorization to obligate their firm to the terms of this bid, and further, that they have examined the Invitation to Bid, the instructions to Bidders, the Specifications, and other documents included in this bid request, and hereby promises and agrees that, if this bid is accepted, they will faithfully fulfill the terms of this bid together with all guarantees and warranties thereto. The undersigned bidding firm further certifies the product and/or equipment meets or exceeds the specification as stated in the bid package; and also agrees that products and/or equipment to be delivered which fail to meet bid specifications will be rejected by the City within thirty (30)days of delivery. Return of rejection will be at the expense of the bidder. Company Name Authorized Signature Address Typed/Printed Name City, State, ZIP Telephone & Fax Number Contractor's License Number Federal Tax ID# Page 26 Exhibit"A" BID FORM BID NUMBER 2007-07 DISASTER DEBRIS REMOVAL AND DISPOSAL SERVICES (OPTIONAL SERVICES) COST Debris removal from lakes & canals (per cubic yard): Restoration of canal hanks and slopes (per linear foot): Removal of motor vehicles including towing, processing and disposal (per vehicle): Removal of boats including towing, processing, and Disposal (per linear foot of boat): Hazardous Waste ( ): Provision of emergency potable water(per gallon): Provision of emergency ice (per pound): Temporary bathrooms/port-o-lets (per unit): Provision of temporary satellite phones (per phone/per day): Provision of emergency generators (per unit/per day) 25KW to 50KW (portable): 50KW to 100 KW (portable): 100KW to 150KW (portable): 250KW(skid/trailer mounted): Sewer, culvert and catch basin cleaning including transportation and disposal (per cubic yard): Page 27 Exhibit"A" BID FORM BID NUMBER 2007-07 Bidders Name: NOTE: Bid submittals without the manual signature of an authorized agent of the Bidder shall be deemed non-responsive and ineligible for award. TERMS: % DAYS: Delivery/completion: TBD calendar days after receipt of Notice to Proceed NOTE: To be considered eligible for award, ONE (1) ORIGINAL AND NINE (9) COPIES OF THIS BID FORM must be submitted with the Bid. IF "NO BID" IS OFFERED, PLEASE PROVIDE THE FOLLOWING INFORMATION: Please indicate reason(s)why a Bid Proposal is not being submitted at this time (return the Bid Form to avoid removal of Bidder from the City of Parkland's vendor listing): Variations/Substitutions: The Bidder shall identify all variations/substitutions and exceptions taken to the Specifications in the space provided below; provided, however, that such variations/substitutions are not expressly prohibited in the bid documents. For each variation listed, reference the applicable section of the bid document. If no variations are listed here, it is understood that the Bidder's Proposal fully complies.with all terms and conditions, It is further understood that such variations may be cause for determining that the Bid Proposal is non-responsive and ineligible for award: Section Variance Section Variance Section Variance Attach additional sheets if necessary. Page 28 Exhibit"A" BID FORM—BID NUMBER 2007-07 NON-COLLUSIVE AFFIDAVIT State of ) )as. County of ) being first duly swom, deposes and says that (1) He/she is the (Owner, Partner, Officer, Representative or Agent)of the Bidder that has submitted the attached Bid; (2) He/she is fully informed respecting the preparation and contents of the attached Bid and of all pertinent circumstances respecting such Bid: (3) Such Bid is genuine and is not a collusive or sham Bid; (4) Neither the said Bidder nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, have in any way colluded, conspired, connived or agreed, directly or indirectly, with any other Bidder, firm, or person to submit a collusive or sham Bid in connection with the Work for which the attached Bid has been submitted; or to refrain from bidding in connection with such work; or have-in any manner, directly or indirectly, sought by person to fix the price or prices in the attached Bid or of any other Bidder,or to fox any overhead, profit, or cost elements of the Bid price or the Bid price of any other Bidder, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against (Recipient), or any person interested in the proposed work; 5 The rice or s quoted in the attached Bid are fair andproper and are not tainted b an collusion, ( ) P prices 4 Y Y conspiracy, connivance, or unlawful agreement on the part of the Bidder or any other of its agents, representatives,owners, employees or parties in interest, including this affiant. Signed, sealed and delivered in the presence of: By: Witness Printed Name: Witness Title: ACKNOWLEDGMENT State of ) )as. County of ) BEFORE ME,the undersigned authority, personally appeared to me well known and known by me to be the person described herein and who executed the foregoing Affidavit and acknowledged to and before me that executed said Affidavit for the purpose therein expressed. WITNESS my hand and official seal this day of 2007. NOTARY PUBLIC, State of Florida at Large (Signature of Notary Public: Print,Stamp, or Type as Commissioned) ( ) Personally known to me or ( ) Produced identification Type o1 I.D. Produced ( ) DID not take an oath, or( ) DID NOT take an oath. Page 29 Exhibit "A" BID FORM BID NUMBER 2007-07 CERTIFICATION THIS DOCUMENT MUST BE SUBMITTED WITH THE BID We(I), the undersigned, hereby agree to furnish the item(s)lservice(s) described in the Invitation to Bid. We(I) certify that well) have read the entire document, including the Specifications, Additional Requirements, Supplemental Attachments, Instructions to Bidders, Terms and Conditions, and any addenda issued. We agree to comply with all of the requirements of the entire Invitation To Bid. Indicate which type of organization below: INDIVIDUAL ❑ PARTNERSHIP ❑ CORPORATION ❑ OTHER ❑ IF OTHER, EXPLAIN: AUTHORIZED SIGNATURE: AUTHORIZED SIGNATURE (PRINTED OR TYPED) TITLE FEDERAL EMPLOYER I.D. OR SOCIAL SECURITY NO COMPANY NAME: ADDRESS: CITY: STATE:—ZIP:— TELEPHONE NO.: FAX NO.: CONTACT PERSON: Page 30 Exhibit "A" BID FORM BID NUMBER 2007-07 BIDDERS QUALIFICATION STATEMENT The undersigned certifies under oath the truth and correctness of all statements and all answers to questions made hereinafter: Name of Company: Address: Street City State Zip Telephone No. ( ) Fax No. ( ) How many years has your organization been in business under its present name?_years If Bidder is operating under Fictitious Name, submit evidence of compliance with Florida Fictitious Name Statute: Under what former names has your business operated? At what address was that business located? Are you Certified? Yes ❑ No ❑ If Yes, ATTACH A COPY OF CERTIFICATION Are you Licensed? Yes ❑ No ❑ If Yes, ATTACH A COPY OF LICENSE Has your company or you personally ever declared bankruptcy? Yes ❑ No ❑ If Yes, explain: Are you a sales representative ❑ distributor ❑ broker ❑ or manufacturer ❑ of the commodities/services bid upon? Have you ever received a contract or a purchase order from the City of Parkland or other governmental entity? Yes ❑ No d If yes, explain (date, service/project, bid title, etc) Have you ever received a complaint on a contract or bid awarded to you by any governmental entity? Yes ❑ No ❑ If yes, explain: Have you ever been debarred or suspended from doing business with any governmental entity? Yes ❑ No ❑ If yes, explain: Page 31 Exhibit"A" BID FORM BID NUMBER 2007-07 REFERENCES Please list name of government agency or private firm(s)with whom you have done business within the past five years: Agency/Firm Name: Agency/Firm Name: Address: Address: City/State/Zip: City/State/Zip: Phone: Fax: Phone: Fax: Contact: Contact: Agency/Finn Name: Agency/Finn Name: Address: Address: City/State2ip: City/State/Zip: Phone: Fax: Phone: Fax: Contact: Contact: Agency/Firm Name: Agency/Firm Name: Address: Address: City/State/Zip: City/State/Zip: Phone: Fax: Phone: Fax: Contact: Contact: YOUR COMPANY NAME: ADDRESS PHONE: FAX: Page 32 Exhibit"A" BID FORM BID NUMBER 2007-07 VENDOR DRUG-FREE WORKPLACE Preference may be given to vendors submitting a certification with their bid/proposal certifying they have a drug-free workplace in accordance with Section 287.087, Florida Statutes. This requirement affects all public entities of the State and becomes effective January 1, 1991. The special condition is as follows: IDENTICAL TIE BIDS - Preference may be given to businesses with drug-free workplace programs. Whenever two or more bids which are equal with respect to price, quality, and service are received by the State or by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if non of the tied vendors have a drug-free workplace program. In order to have a drug-free workplace program, a business shall: 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later that five (5) days after each conviction. 5. Impose a section on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. 8. Make a good faith effort to continue to maintain a drug-free workplace through Implementation of this section. As the person authorized to sign the statement, I certify that this form complies fully with the above requirements. Authorized Signature Company Name Page 33 Exhibit "B" ORIGINAL RFP No. 2007-07 icyy', Post-Disaster Debris Removal & Disposal A� Services Prepared for: City of Parkland, Florida Parkland City Hall. Attn: City Clerk 6600 University Drive y Parkland, Florida 33067 Opening date: 4 t. ' Wednesday, 2 May 2007, I0.00 A.M. AshBritt, Inc. 480 South Andrews Avenue Suite 103 Pompano Beach, FL 33069 Contact, Terry Jackson " Phn: 954-545-3535 •"" Fax: 954-545-3585 Web: www.ashbritt.com Ash Email: info@ashbritt.com 24hrs: 954-818-3564 Environmental Exhibit "B" Table of Contents Transmittal Form i. Introduction Letter I. Firm Credentials .; Company Background.............................................................................................................................I 11. Staff Expertise ManagementExperience.........................................................................................................................4. ManagementStandards...........................................................................................................................6. 111. Put Performance Disaster Recovery Experience(2002-06)...............................................................................................B. Katrina Mississippi,Select Project Statistics........................................................................................8a. IV. Services to be Provided Services&Operations: Summary...........................................................................................................9. -i Additional Response Services..................................... .........................................................................14. Response&ROW Mobilization............................................................................................................17. Initial Mobilization/Response Plan Template.......................................................................................Is. RecoveryResources..............................................................................................................................19. SubcontractorParticipation...................................................................................................................21. Technology.Info Management............................................................................................................22. ClientTraining.......................................................... ...........................................................................24. V. Current Contracts - Commitments&Response....................................................................................................................25. VI. Litigation Statement .........................26. . Litigation Summary(Past 5 years)............................................................................... VIL Bid Documents Bid Form:Notice A-I. Bid Form: Pricing Schedules A-2. Bid Form: Required Documents A-3. Certificate of Insurance A4. Corporate Licenses A-5. Ash3rilj, Inc. a Parkland,R a FTP Ntn 2007-01 i Exhibit "B" Transmittal Form This Proposal is offered to the City of Parkland, Florida by: AshBritt, Inc. Principals: 480 South Andrews Avenue Randal R. Perkins, CEO Suite 103 John W. Noble, COO Pompano Beach, Florida 33069 Terry M. Jackson, CMO FIN: 65-0364711 Phone: (954) 545-3535 Toll Free: (800) 244-5094 Email: info@ashbritt.com Facsimile: (954) 545-3585 Web: www.ashbritt.com Primary Contact: Terry Jackson Chief Marketing Officer (954) 683-0248 cellular (24 hours) tjackyon@ashbritt.com Alternate Contacts: John Noble Tim Mooney Chief Operating Officer Sr. Marketing Coordinator (954) 683-0247 cellular (24 hours) (954) 270-4555 cellular (24 hours) jnoble@,ashbritt.com tinooney@ashbritt.com Ralph Dahlgren Randi Milner Managing Vice President Marketing Coordinator (954) 818-3564 cellular (24 hours) (954) 914-8978 cellular (24 hours) rdahlgren@ashbritt.com rmilner@ashbritt.com r Monday,April30, 2007 Terry Jackson Chief Marketing Officer AshBnil Inc ■ Pankiand F°I- • RrP No.2007-017 Exhibit "B" Ash Environmental April 27,2007 City of Parkland City Clerk, Parkland City Hall 6600 University Drive Parkland,Florida 33067 RE: RFP No. 2007-07, Post-Disaster Debris Removal &Disposal Services Dear Sirs and Madams: Thank you for the opportunity to submit our proposal for Post-Disaster Debris Removal & Disposal Services for the City of Parkland, Florida. We have thoroughly reviewed the proposal requirements and requested scope of work and are confident we can fulfill and surpass the expectations and needs of the City, as we have done in the past. We hope, by this proposal, to emphasize that beyond a professional, efficient and cost-effective contractor, we are a true partner who strives to offer improved client-focused and value-added service. We present herein our strong experience record and our sound financial standing. Moreover, we illustrate our sufficient and qualified resource base, including industry partners, technological facility and expert personnel. Since 1992, the foundation of our approach and delivery has been our skilled, highly educated and broadly experienced employees. Our principals, staff, and consultant partners have well over 150 years of combined disaster management and recovery operation experience—on both large-scale and small-scale projects. We have relied on this experience to successfully assist in over eighty major recovery missions nationwide since Hurricane Andrew. These missions have included ice storms, tornadoes, floods, and tropical storms in addition to hurricanes. Most recently, and significantly, AshBritt was the initial response contractor for the U.S. Army Corps of Engineers in both Louisiana and Mississippi for the Hurricane Katrina recovery effort. Ultimately,AshBritt was the Corps' prime contractor for debris removal and management in Mississippi, the largest single company debris mission in U.S. history. We are proud of our participation in this monumental humanitarian endeavor. We declare that this proposal is made without collusion with any other person or entity submitting a proposal, and that the information herein is true and accurate to the best of our knowledge and that the prices submitted are fair and equitable for the services provided. We appreciate your time and consideration and we look forward to the possibility of serving the City of Parkland again in the future. Sincerely, Terry Jackson Chief Ma rketing Officer 480 South Andrews Avenue, Suite 103 Pompano Beach, Florida 33069 phn 954.545.3535 fax 954.545.3585 www.ashbrittcom info@ashbrift.com i Exhibit "B" Firm Credentials Exhibit "B" Company Background AshBritt, Inc. is a South Florida based rapid-response disaster recovery and special environmental services contractor. Since 1992, we have managed and executed over eighty disaster projects and twenty-four special environmental projects, successfully serving more than seventy-five clients. We have been directly involved in the debris recovery efforts of thirty federally declared major storms in eleven states, beginning with Hurricane Andrew. Our extensive experience has created an abundance of knowledge and skill for our principals, managers, and personnel, Our senior management and technical consultants have more than 150 years of combined disaster management experience, and are intimately acquainted will all facets of disaster recovery, including debris collection, management, reduction, recycling, disposal and damage mitigation and risk abatement. We pride ourselves on our full-service, client-focused approach to disaster recovery, as we offer adept and balanced administrative and operational support--a factor often neglected in our industry. We fully appreciate the exigent nature, pressing schedules, and exacting demands of recovery efforts, and we have proven through our capabilities and wherewithal to be a professional, reliable and competent partner. Our expertise was recently highlighted by our unprecedented accomplishments as the Prime Contractor for the U.S. Army Corps of Engineers' recovery mission for Hurricane Katrina in Mississippi. The Hurricane Katrina Mississippi recovery project was the largest and most varied debris mission by a single.company in U.& history. The experience gained from this project and from our many diverse past projects has allowed us to expand and fortify our technical and production abilities, making us a forerunner in the industry. Our ultimate success, however, has always been underpinned by our commitment to caring management, to honest communication and business practices, and to unmatched quality control—values all leading to total client satisfaction. Following are some highlights of our capabilities and of our recent accomplishments and successes. These clearly illustrate that AshBritt is the outstanding choice for disaster recovery efforts. Hurricane Katrina,MtssissipA 2005-2006 Removed and processed over 21 million cubic yards of vegetative debris and wreckage,managing and operating 49 temporary debris processing sites. _':I Hauled over 700,000 loads of debris,with approximately 12,400 certified operational vehicles. :1 Served 16 jurisdictions,covering over 9,400 square miles and over 175 miles inland,with an eflbcted population of over 550,000 people. Employed and managed over 1,230 subcontractors,and over 500 local personnel. ! Disposed of over 1,900 tons of spoiled food,and significant quantities of hazardous materials. .J Removed and hauled 24,045 hazardous stumps, 192,940 leaning trees,and 332,079 hanging limbs. J Backfilled 40,542 hazardous holes and 1,840 private pools,providing barrier fencing for pools. Completed approximately 29,000 right-of-entry properties. Provided emergency quarters and hygiene facilities for more than 300 government personnel,as well as established a commissary that served more than 10,000 meals. Provided over 50,000 gallons of emergency diesel fuel for initial operations. Maintained less than .01 percent of lost-time injuries to total-man-hours worked,operating at high levels of safety,quality control and integrity. Successfully accounted for all ROW and ROE work through our information tracking systems. Asi10i T1. Inc, % P3rkI nd,1=L a P,FP No 2007 01 -1- Exhibit "B" Hurricane WVnw&Katrina,Florida, 2005 Collected and processed over 5 million cubic yards of vegetative debris and C&D for multiple clients, managing over 30 temporary debris processing sites. Collected and hauled over 200 attached hazardous stumps,and 3,200 unattached stumps. Provided emergency power to approximately twelve clients. Supplied vacuum truck support to numerous clients. Conducted emergency response for petroleum releases in Collier County,FL. 2004 Storm Season,Florida Served as the prime contractor for twenty-three clients in the state of Florida, simultaneously. Some of our major clients included: Charlotte/Orenge County-Hurricane Charley St.Lucie/Brovard County-Hurricane Frances St.LucieBmvard County-Hurricane Jeanne Escambia County-Hurricane Ivan 31 Collected and processed over 10 million cubic yards of vegetative debris and C&D, hauling approximately 30,000 hazardous stumps. -1 Provided myriads of ancillary services to numerous clients, including: boat containment, canal dredging, sewerage vacuum services,and emergency power generation. AshBritt, to provide the broadest possible range of integrated services to our clients, is organized into three divisions. These are:. Disaster Recovery Services. Provides immediate response of personnel and equipment to communities throughout the U.S. impacted by various disaster events. Moreover, the division maintains pre-event disaster response contracts with select communities throughout the nation. Pre-event training and technical assistance is also offered through this division. Restoration Services.Provides environmental and mechanical engineering and construction management services. Specifically, develops site and remedial action plans, conducts wetlands mitigation and water quality analysis,designs plumbing and HVAC systems,site lighting and fire alarm and security systems, as well as performing project management and field inspection services. Speciol Bnviroememial Services. Manages demolition and specialized environmental projects such as marine activities, dredging, boat removal, and waterway debris removal. Hazardous material containment and mitigation, mass decontamination, toxic material abatement, and emergency remedistion,as well as asset management and public works projects fall under this division The integration of these divisions provides us, and ultimately our clients, with the solid foundation of personnel, management, and expertise so vital to disaster recovery missions. As all disaster events am unique, it is essential to respond and adapt to wide and varied circumstances. We have proven with our diverse base of operation that we can provide thorough, comprehensive, value- added recovery services to all disaster-impacted communities. Moreover, we have demonstrated the capability to mobilize either to a single catastrophic event or to multiple simultaneous events with hundreds to thousands of crews and with myriad essential resources and specialized services. Our corporate,managerial,technological, and operational infrastructure allows us the flexibility and adaptability to grow quickly to meet the resource demands of potential large and varied events. We generally maintain a core staff of forty employees, though we directly employed over 150 personnel in 2004 and over 600 personnel in 2005. i F318611, Inc r Ritkiand,FL • PFp No. 2007-07 -2- . i Exhibit"B" In addition to our own considerable resources, AshBritt maintains sufficient relationships with specialty subcontractors experienced in the complexity and demands of recovery missions. These partners include public assistance program consultants, temporary life support and facilities suppliers, emergency power generation providers, canal and marine recovery and removal contractors, hazardous materials response and mitigation specialist, as well as highly skilled heavy equipment owners and operators. Furthermore, in light of heightened terrorist threats, AshBtitt has teamed with partners that have the capability and experience to conduct biological and viral remediation, as well as mass decontamination. In light of changing markets and demands, we continually strive to increase our service base and to improve our current product. Below is a listing of select AshBritt memberships and commendations: Member of the National Association of Demolition Contractors, the Dredging Contractors of America, the State of Florida, Board of Professional Engineers, the Society of American Military Engineers, the Florida Petroleum Marketers&Convenience Store Association. Sponsor of the American PuNk Works Association of America(APWA), Florida Emergency Preparedness (FEPA), National Hurricane Conference, Governors Hurricane Conference, South Florida Hurricane Conference. Awarded Contractor of the Quarter three times by the U.S. Army Corps of Engineers, Mobile District; Presented "Award of Gratitude" from the City of Port St. Lucie Keep PSL Beautiful Committee (2005-2006); Presented "Hurricane Isabel Heroes" Recognition from the City Council of the City of Hampton, Virginia(2004)for disaster recovery efforts. _; Presented numerous commendations from the Officer of the Governor, State of Mississippi, for our contributions and support of the recovery and rebuilding efforts in MS. i I I A061it, Inc. n P3Mm4 rl ■ RFP No n07-07 -3. Exhibit "B" i . .'' Staff Expertise-:- Exhibit "B" Management Experience AshBritt's greatest strength is our dynamic, knowledgeable and capable management team. Our team has extensive expertise in conducting disaster recovery operations and they are continually engaging in professional development. All of our key managers are trained and conversant with the federal emergency management standard Incident Command System (ICS), a key component of the National Incident Management System(NIMS). Additionally,our team actively participates in other emergency management training and NIMS educational programs. Our team consists of consummate professionals from diverse backgrounds who understand all facets of recovery operations and who are empowered to make decisions quickly and definitively to push any recovery forward. They rely on direct, clear communication and listening to client concerns and needs. They thrive by multi-tasking,delegating and caring about their work. Below are outlined some of AshBritt's key management personnel. Resumes and ICS 100 completion certificates are available upon request. Years of ,.Related Af&t :PiOr>;! JCtyPtrsomr4J Jtartdotr ��: roExperience= -• ter,. t Randal R.Perkins Chief Executive Officer 25 13 25 25 John W.Noble Chief Operating Officer 18 10 13 9 Terry M.Jackson Chief Marketing Officer 25 10 10 9 Ralph Dahigren Managing Vice President 12 10 8 8 Dow Knight Division VP(Operations) 14 5 8 4 Robert Ray Division VP(Marketing) 12 5 5 5 Bill Johnson Director of Site Management 26 24 24 15 Tom Cradle Director of Quality Assurance 38 31 32 25 Kevin May Controller 15 15 15 15 Luis Egozcue Senior Project Manager 27 9 12 7 Tim Mooney Sr.Marketing Coordinator 5 2 2 2 Matthew Melillo Business Development 15 4 3 3 Randi Milner Marketing Coordinator 5 2 1 1 Harry Leotard Safety Manager 31 7 26 5 Carrie Onderko Safety Manger 7 4 4 4 Danny Demidio Project Manager 19 9 11 9 John Noble Sr. Project Manager 25 6 6 6 Tom Haislop Project Manager 12 3 3 3 Brian Scott Project Supervisor 10 8 8 8 Eddie Diaz Project Supervisor 20 15 8 8 Nae:Select mruaerrtmt penomel. Asharitt maintains a broil pod of mserve n morment and contract personnel with varied and exteasive experience in the special demandsof disaster recovery efrons. A full list of reservists can be provided upon request AhB�;l, Inr,. c r'aikl:agi,:-L. u Rr I'tJu.2n.'.'1-ii7 '4- Exhibit "B" AshBriff Principals Randal Perkins—Chief Executive Officer. Randal Perkins founded AshBritt as a Florida corporation in 1992. As the General Manager of the AshBritt Management Team,he sets the vision for the organization through constant research and analysis of the technical, operational, and political environment comprising the disaster industry. Randal is highly qualified and experienced in all phases of disaster recovery operations including debris removal, reduction, recycling, and disposal. He has been directly involved in all AshBritt disaster recovery projects. John Noble—Chief Operational QQicer. John Noble is an environmental engineer with a masters degree in "Solid and Hazardous Waste Management"from the University of Florida.A graduate of the United States Military Academy at West Point, John joined the AshBritt team in 1994. Since that time John has successfully directed the operations of nineteen individual disaster recovery projects plus provides operational oversight for all AshBritt deployments. Terry Jackson—Chief Marketing 081cer. Terry Jackson joined the AshBritt team after a twenty year career with PepsiCo. His experience in multi-markat management, organization, and systems analysis has been used to develop client service, marketing, and administrative practices for AshBritt. Since joining the AshBritt team in 1995 Terry has successfully managed seventeen disaster projects. Key Senior Management Team Ralph Dahlgren — Managing Vice President. Ralph Dahlgren has had over 20 years of customer service, property management, logistics and transportation experience. As the Outport Operations Manager for Royal Caribbean Cruise lines Ralph was responsible for transportation and logistics operations in ports and airports world-wide. As the General Manager of the Disney Resort property in Hilton Head Island, he directed all operations for a 15 acre resort property. Ralph is now fully integrated into the disaster industry and utilizes his organizational talent to benefit AshBritt Clients. Ralph Dahlgren is a graduate of the Florida International University and has a MBA from the University of Florida. Tom Credle—Director of Quality Assurance. Tom Credle began his disaster experience in 1970 when he was the first Director of the Virginia Office of Emergency Services. He began his federal career in 1973 as the Regional Director of the Federal Disaster Assistance Administration, which later became a key part of FEMA. During his federal service he was appointed the Federal Coordinating Officer on 70 major disasters across the United States. He also participated in several disaster recovery efforts outside the United States. He currently is an exclusive consultant to AshBritt where he supports the AshBritt efforts in training and in active recovery operations. He is a graduate of the College of William and Mary and has a post graduate degree from the University of Maryland. Dow Knight—Division VP (Operations). Dow Knight is a graduate of the United States Merchant Marine Academy in Kings Point,New York. As a Lt. Commander in the Naval Reserve assigned to the Military Sealift Command, Dow has obtained vital experience in logistics and transportation of large scale operations. This expertise is utilized by AshBritt to manage timely resource allocations to multiple disaster projects and to manage the complexities of large scale multi-faceted recovery projects. Dow also provides operational oversight for all marine services projects. Rob Ray — Division VP (Marketing). Rob Ray has over 14 years of related management and customer service experience, with specific experience in landscaping and environmental tree work and safety training. Rob first collaborated with AshBritt,as part of a joint venture in 2004,as an Operations Manager for a Hazardous Tree Removal project in California. In 2005, Rob served as both a Senior Project Manager and as the Operations Manager for the State of Mississippi recovery operations,coordinating and organizing subcontractor operations in 15 counties. As`Jntl, Inc. N Paihlafd.f'l. a RFP No ',00707 -e- iI Exhibit "B" Management Standards AshBritt is a full time, perennial disaster response and recovery firm. We are modeled and maintained as a rapid-response full-service turnkey organization with the ability to service multiple clients in the aftermath of disaster events. As all disasters are unique, it is essential to respond and to adapt to wide and varied circumstances. Underlying our capabilities is an established, orderly, systematic planning process and an organizational framework specific to disaster response. We have proven with our flexible base of operation that we can provide swill, thorough and comprehensive services, supplying and allocating all the necessary resources and specialized assets vital to recovery missions. We have demonstrated—and over time improved by trial and error-our capabilities to mobilize either to a single catastrophic event or to multiple simultaneous events with hundreds of crews to thousands of crews and with myriad resources and specialized services. We have, over our history, amassed an impressive nationwide network of reputable firms and subcontractors who are readily available to respond to our missions. The size of the Project Management Team (PMT)that AshBritt deploys depends on the severity and. the magnitude of the disaster event. Disaster debris stream quantities and makeup, as well as overall post-disaster conditions always vary. We respond specifically and proportionately to each recovery with the appropriate personnel, equipment, communications structure, resources and systematic plans of execution. For a large-scale recovery operation, AshBritt will accordingly deploy a broad, mostly specialized, PMT to handle the complexity of the expanded recovery mission. For lesser events, when the recovery response is generally limited to the collection of vegetative debris, a small PMT will be deployed, as specialized management may not be necessary. Here the Project Manager and Assistant Project Manger or Operations Manager will assume a greater share of responsibilities. Furthermore, the PMT will likely grow and shrink over the course of the recovery, smoothly transitioning to achieve the optimal level of need. AshBritt specifically assures the City of Parkland that the management deployed for any recovery in the City will be dedicated and sufficient and in accordance with the following management standards: Rapid Deployment The quantity and quality of resources deployed to the City, as well as the speed of deployment of these will meet or exceed AshBritt's commitment to the City. We will make a full and concerted effort to effect an expeditious,safe and cost-effective recovery. Common Fromewor* As a known part of a larger effort and mutual aid response, best practices of cooperation, clear communication, collaboration, accountability and efficient use of shared and owned resources will be followed. Flexibility,visibility and accessibility will be maintained. Project Reaponsibli ty AshBritt senior management, whether a large or small team is deployed, will have full responsibility and authority to direct all subcontractors and teaming partners who are involved in the recovery efforts. Management will be solely responsible for all means, methods, operations, safety matters and other project procedures over us and all subcontractors. Regulatory Compliance All activities related to every aspect of the recovery operation will be conducted according to FEMA, federal, state,and focal laws,regulations and guidelines.Any deviation from the guidelines, AshCnt',Jr.-. o Pe r✓Itlnd,FL a RFP No.200' 07 'a. Exhibit"B" whether through negligence or willful intent, will be addressed and adjudicated immediately and decisively,as well as reported properly and in a timely manner. SelfSuffrcieney AshBritt management, staff and all subcontractors will maintain self-sufficiency with regards to housing, sanitation, food and lodging, as well as equipment safety, maintenance, repair and fuel by means that are consistent with local requirements and by common sense to minimize adverse affects and further disruption to the City. Timely and Accurate Repordag Daily, weekly or other cumulative reporting, accounting and attendant reconciliations will satisfy the City's standards. The best available support technology and stems will be used. And all PP gY systems data, documentation,and invoices will timely,accurate and audit quality. Qual fled Technical Assistance Guidance offered by the Technical Assistance Team will be timely, consistent, thorough and accurate, resulting in the full realization and the full reimbursement of all eligible claims in the shortest possible time frame. The Team will participate to the greatest extent allowable and acceptable by the City and by federal and local authorities to offer the most support while maintaining the greatest sense of integrity for the funding process. PJ Qma&y Control&Assurance Quality Control&Assurance personnel will effectively monitor the safety and quality of operations in the affected work area (debris collection zones, temporary disposal sites, and other public or private property, as applicable).They will readily and professionally enforce project guidelines for debris eligibility, safety and health codes, standard work rules, compliance with applicable laws, and timely follow-up to City requests. The will also ensure proper field reporting and documentation routing. Safety dr Heafth Operational safety, health and accident prevention measures will be in effect and reinforced daily by all active personnel. These measures and procedures will be reiterated weekly during operation planning meetings,or as needed. All PMT members and all AshBnitt personnel,not just our Safety Officer, will be empowered to address any potential unsafe conditions or actions. Immediate and swift action will be taken to correct any safety deficiency,while maintaining the utmost respect for all members of our workforce. Safety of citizens will be considered paramount. Enviroamentat Protection Vital environmental and infrastructure protection measures and pollution controls are enforced, such as: procurement of all environmental, materials handling and land-use permits and licenses, and dissemination of regulatory updates; protection and preservation of the surrounding ecosystem and natural habitats,to include surface and ground water considerations,air quality and soil control, sampling and testing, fish, wildlife and wilderness area protection, trees and botanical habitat and ground cover concerns, historic and archaeological designated areas identification and preservation, as well as noise and odor pollution and aesthetic concerns for residents. Deftclency Response Project deficiencies(public and private collateral damage)will be posted,tracked,and reported in a timely manner to the City. Reports will fully describe the deficiency, supply evidence of a 24 hour response, of the conflict resolution, and of the corrective action to prevent future occurrences. Releases of rep air or monetary settlements will be supplied to City in a timely fashion. PmJeet Organization The recovery will proceed in accordance with a flexible,modular, coordinated and objective plan of action that can be easily adjusted or scaled to accommodate an ever changing recovery environment and mission. Operations, to the greatest extent practicable, will be efficient, unified, and cost- effective, meeting the full and utter approval of the City. And deviations from the City's expectations or standards will be corrected immediately. nshsdu, ins , W,r.land. rL , rrr+roc,. zac.'07 r. Exhibit "B" I Past Performance ' Exhibit 'B" ASnBrW Disaster Response Division-Seled Disaster Recovery Experknce(2002-2006) i Non• 73t Scope of.Ssrvtcrx"forahe following jobs cmnprrned bnargemy Preh-Y'o d Tom,Debris Cul/eaion,Hoofing,Redvcnan and Disposal,Hwardour Stamp d Trsr Removal wdFiaxiitun,Uumpsee Mmrogeme&,Wamrwuyond Coo Ch,,,m& Yaaor Trull Servivxr,Orher Anti/dry Servirea ad Tec/rnlw!(iuoJann, Cal A-(i(•). Not. AJhBall h6t nrVrr(piled a/C7MIId ra u CplrraG CammhAlanr. DiraJlsr rrv(mnre liner on generally tW(galt.ed iMl dYFa/err/S;1/iniriwf maMl$emenr re]pame(daln(Igr Inu m oent),2)emewiftypudt rarponre,and 3)rtghs-of-way(HOW)cleanup mspoew. Our wspmrt moddr art ma/roll Wderad on the foll"wIlpogm. For oar MJlorlml rapmea.AABnta—tot monagemeet har beano,caitmuntgman oron s/ra(or rJquerted by climu)wbh"3 daye prior m 12hours o)Jer an eve& Seniormonageon nwhaw been on site wtlhtn 6 to!0 hours a)lerpred/cfobleerawJfurclknu'w/th pea-awnl camrrM.r. Lmergenry puJh cane response mobdiaion has woad beteten 6 ale 24 Hours,dependent on the c/lens werh and/oaa/nmurlYR Himoruo9y,we have bean able to mobil ze andneouigs outside and lord atwifor une je cypush within 6.12 hours f llowbil,on mum,and armpkla this wted 04e wolon 72 hours(area au mdatrd and allowed). Ashlbia has bem&Nr ro mobi/ix fur o71 prtyceu ail/purpmant red forR0W d oW and temJrowrydisparol sites within 96 hwn(ojlna soutrr)followtogan event We low arwrdef..hd or been dneV ord farfadure ofpnformanne on any ofmir ewraaJ,aml we r,gura)ywwPhie,awe op, N4 1"Naa.Lonat.- Project Mwgw cowl Contact Pbwe N. DWithartweet Dope Content C01Wk 01 USAmry Corpso(Engirrecm, MVD ITwov Jackson�Y John Noble, easy Arnold 337.291-S092 Hurriraa Katrina Aug-05 21,100 ,00 02 lColliaCouw.FL John Noble Dan Rodngon 239435-9608 lHufficane Wilma Oo-05 I.M.00 3 Icily of Cond Gabka,FL IDW Media.Ralph DaWgren Keya 305-460.5130 Nurtiwm Wilma Oa-05 270,01) D4 Icityormbentiaeach,Fl. JIM Hablop Gm lope 3054717195 Humane wwm Ott-05 205, —00 05 Ist.Lucie Co my,FL IDW Margo John Frank 772462-2097 Rurtiam Wilma Oet-0S i6o'Fo 06 Icily ofivatio,FL lRandy Failire Brad Kairc 954-753-5040 Xwiraea Wilms Oq-05 200, 07 Icily 0f5uwiK FL IRSIph DANSM Mmole Finance 9544101.1313 Huriwee woos Oa-05 200,001 08 ofHorus MKFL JD=Mdio Brien O'Conror 305-247.1901 Hurricane Wilma OR-05 141, 09 C of Poet St Lmns,FL Dm Me& Nialm 772.171.51W W&M Ou-05 90, 10 ICRY of Boa Raton.PL Ralph DaMgme Judy Ahern 561416-3384 Humieam Wibm Oet4)S 667, 11 Icily ofPmkWtL F7. PetkkulMadio Jno Marvin [305460. 410.7369 Fbarleuns Wilrrm Ole-05 241, 12 CilyofDmleBach, FL Ralph Leo Williams 924.3743 Fboricame wo m Oo-05 99, 13 Ciry of Cooper Ciry,FL CallMiller 434-2300 Huriane Wit= Oct-05 205, II Town of Wvk,FLDablpeoBruce Bentard -9144726 Hmncarm wama Oct-05 635, IS Ciy ofPtewndion,Fl. Ralph Daklgmqmk DeCelk 452•ZS>6 Hseiema Wilms GG-05 /34, 16 Ciy ofCaral Gable,FL Ralph an Keys 5110 Husriune Kanirtt A -05 207,17 Ciy ofDrrkBatch.FL IWph ao Willim .924.3743 Fkarirane Kmiel 125.li Ewornbia County,FL Dow Knish,Meroge To mad 5954947 Iftricale Derck 1W-05 700,004 19 IFVAmbisCoury,FL• lRaipb DaMgm Gaagc Tormt 850-5954947 Haniurns Ivan 2,300,0001 `D ]City ofN.Pahn Reach,FL IDWMWiD lHal Bard 561d41.4822 Hertiume Franca 40,000 -I IBMVwd Comply.FL- iTerry l lEuri Rodriguez 132W-4W33-20/2 Hmrkme Fmoras Sep-01 400,000 22 lCity ofFal Pnsra,FL lJohn Node Illob Hood 77246&2200 Huricane Feamom SepA14 300AW 23 lcityorsenotion.Ft, lJobn Noble ITarry Hit 772b33.2800 Humnsuns Fnneus Sep-Of 125.000 24 Icily of Boa Radon.FL• Rgl Partial,Man Giardini, ledi Ahw 761-239-0371 tknrkame Framaa Sep-01 160.000 23 Ciry of Pon Saint Lucie,FL• JWar Noble Nadeau 772-521.2641 Namkane Frarcu SOP-04 600,000 26 Saint Weis County.FL• John NobN Don Wust 772462-2729 Humkarc Fresno 300,000 27 City ofOaklmtd Park,FL Randy Peeknse,Duo Madio Tom R"w 934S61.62511 Htvticame Frum 60,W0 28 Ciy ofPuMw4 FL Randy Parties.Dan Maik Brad Kaioe 954753-SM Hurtitarm Framed ISCP44 $00" 29 City ofDwle,FL Randy Pakim Bntoa Bernard d 951.M-1840 Natrkms Fnrcea 1,200.Fm 30 City ofOdusdo,FL Fomwdo Nule,Men McWI0 David Mnmr 407-216.3623 Nurrkme Charley Aug-04 100.000 . 31 Grove Cony,FL Fammdn Nmia,Min Melillo I Male Museum 407J36-7900 Hurtkrw A 1.100.004 32 Contains Clearly.FL IChwIft KoW IAMOHOlbwh 441.577.3624 Hurtinne Chalky A 1,900,000 33 C orsunter,3C• ITeny Jaakam lBobby0alloway W3436-2329 WSteam 2003 76,000 3/ summer County.SIC- T Jaclmm I Bobby Galloway 803.136.2329 IaStam 2003 32.000 35 ICky ofHaopam,VA- JAM Noble ITed HMIM 757-737.6020 Hurticmr label Sep-07 2,165.000 76 Chown County,NC Terry Jnknn 1patrionabldry, 2S24$2 4363 Hurtiane What 3 21,000 37 CiyofGusMds,NC• lJoble Noble I David MierLeR 701-t666775 Ia SMrm Da•02 39.000 71 AeWte ParnILLA• Tarty Jaekam John Qwbodnuw ]37.713/337 Humane Uli 113,000 39 lberin Ptmsh,LA• Jahn Noble Wit Lareglinais 337.365 9246 Hurtkarle Lih 315,000 10 MW*W Emvirtn Sm-V PWm,MD lRandy Rhin I Robin Miller 110.974.7254 FS Toarrb A -02 1 35,000 41 lClawle,County.MD lRandy Pnkim s Skpla `Ile" 2.3450 FS TomWo Apr-02 96,000 12 lKw County.OK• IJOM Noble Dee Sd i3OO 580.765.3237 la$tom I—n I31,000 43 CiryofPonp.OK• ITerrylack, IGMY Martin 5W767.0339 Ike Seam Jan02 219,000 M City ofBledrwell,QK• Tory Jaelem ITary Burwell 510.363.7250 lift Stem Jan-02 42,OOD /S Icily adNmekide.OK• lJohn Noble Willow Hama ISW36272317 Ike Stem 1arn02 - 46,000 Ta81; 79,747;080 AOdW min a PaMNid,FL a RFP No.200707 -g, Exhibit "B" Katrina Mississippi Debris Mission, Select Project Statistics (2005-06) Note.AshBrin responded to 16 separate communities to Mississippi as part ojour USACE debris mission The following tables delineates OU major operation!stalitistics of 9 ojour task orders.Each task was managed as a separate project with a dedicated management rucwe.All were under the umbrella of mission-wide centralized Operation Management structure,following established standard operating procedures to ensure consistency and coordination ofeJfays. As the mission was carried out,resources were shared to maintain efciencies and masimum productivity under the circumstances. Project Breakdowns G Forma Ononry Oeorp RCWVdr.yklaecoek Total Trucks(ROW) 1737 308 4,041 Total Trucks Outhaui 196 63 278 Tow ROW Collection CY 2,507,559 651 9I6 5,791,801 Total Debris Disposal CY 946,243 241 449 1,617,214 Total Temporary Debris Sites 7 2 6 Tow Hazardmn H Limbo 2 970 5531 76340 TOW Hazardous Lanin Trees 17,91 IS Ill 74,200 Tow Hazardous stumps 3 889 I 65 6 999 TOW Holes Backfilled 1 7,5131 3,4781 6,026 Total ROES Performed 1 3,7961 116991 7,639 Pro of Breakdowns t ri .Jac o i anar R ieose Is Total Trucks(ROW) 1880 1137 446 Tow Trucks Ouduml 134 90 77 Tow ROW Collection CY 3 I9S,031 1 542J07 1,239,626 Total Debris Di C 720,329 614,634 259,341 ToW Tem Debris Sites;lllllllllllllllllllllll 6 6 5 .onl Hazardous Hanging Limbs 63,520 30,069 0 Total Hazardous Lanin Trees 22,003 19 19 0 Total Hazardous Stem 631 21 0 Total Holes Backfilled 1 10,2391 5,5191 0 Total ROES Performed 1 4,7571 2,3351 0 Breakdowns l'Aaa,Ch i >.. ! Total Trucks ._O 748 376 260� T09W Trucks Ourhau 14 72 45 Tow ROW Collection CY 1,429,971 SS ISO 508,226 Total Debris D' C 716,708 156,305 190,560 Total Tcmvomy Debris Sites 6 2 2 Total Hazardous R"ng Limbs 12,931 14.624 33,013 TtrW Hazardous Learting Tray IS 905 5,172 10,146 Total Hazardous S 1 4P - 1425 2 09 ToW Holm Backfilled 8751 1,885 3,571 Total ROES Performed 3,0831 670 3 i AstOnd.Inc. a Parkland,FL a RFP No.2007-M •Be Exhibit "B" s x Services to be Provided; Exhibit "B" Services & Operations: Summary The following section delineates the general services and technical approach of our disaster response and recovery services. AshBritt is uniquely qualified and experienced to provide the City of Parkland with all of these services, as well as other more specialized services, as outlined in the following section. AshBritt maintains comprehensive Quality Control, Safety and Health, Special Environmental Control and Subcontracting Plans, along with a customized Training Program. More information regarding these can be furnished upon request.Each of our plans and all of our operating procedures have at their core the underlying principals of communication, coordination and cooperation, with the overall goal of an expeditious, safe, and cost-effective recovery. These are the keynotes to any successful emergency disaster recovery. All of our services and operations comply strictly to the Occupational Safety and Health Administration (OSHA) and Environmental Protective Agency (EPA) rules, regulations and requirements to maintain a safe working environment. Furthermore, when conducting our services, we ensure that all recovery work is performed and documented in conformity with all established Federal Emergency Management Agency (FEMA), Florida Division of Emergency Management (FDEM)and Federal Highway Administration (FHWA)guidelines for eligible reimbursement. Scope of Work Summary Emergency Road Clearance AshBritt will initiate and conduct emergency road clearance of debris(first push)from pre-specified primary transportation routes as soon as it is safe (generally, within 12 hours or sooner). Street clearance is accomplished by removing large debris from roads and stacking it on public rights-of- way (ROW). Generally, debris will not be collected during this stage, though under certain circumstances debris removal may be conducted. Mechanized rubber-tired lifting and pushing equipment and ground labor with chainsaws and other hand tools are used to complete this phase of work. AshBritt field supervisors will oversee this work, while continuing the`closer-look" damage survey. Crews will be instructed to protect to the greatest extent practicable existing undamaged City infrastructure and private property. Rapid road clearance is achieved through pre-planning and coordination with local authorities,local workforce and first response subcontractors. Critical pre-specified clearance routes are generally prioritized to target: first, access to hospitals, fire stations, police stations, designated public shelters, airports and other vital public facilities; second, access to essential public and private utility facilities and systems; third, clearance of major arteries; and, last, clearance of residential streets and byways. This phase of the operation is typically completed within 72 hours after a declared disaster event. Depending on the magnitude of the disaster, however, full clearance could take up to four weeks. Debris Removal froth Rigkts-of-Way and Public Property Our prime task in a disaster recovery will be debris removal from the public right-of-way (ROW), ias directed by the City. AshBritt will begin mobilizing personnel, materials, and equipment to or near the City as soon as a disaster event is deemed imminent.Arriving equipment will be directed to a central "rally point'for measurement and safety certification prior to assignment and deployment. Ashi34tl Inc s Pa-Nlantl.Fl. n RFP No. 21007-07 -9- Exhibit "B" All applicable information for hauling vehicles will be recorded on a detailed Truck Measurement Record form. A digital photo will also be taken. A City Representative (CR) will oversee the process and approve each entry. Information recorded includes: vehicle tracking number; license plate; operating company; driver name; vehicle measurement; vehicle sketch; hauling capacity in cubic yards; and official signatures. A vinyl placard bearing the AshBritt logo and showing the vehicle tracking number and the calculated volume capacity will be adhered to the side of the vehicle. Collection crews are deployed, generally within 48 hours, to pre-established zones. The initial damage assessment typically determines the areas with the greatest needs. We prioritize our crew assignments around these needs. We conduct strategic meetings with City management and all collection crews prior to dispatch. City management is apprised continually of all progress, and any special requests they have are appropriately addressed. Generally, all disaster generated debris on public property and public rights-of-way, including debris placed on rights-of-way by residents, is eligible for collection. Ultimately, however, CRs and FEMA will determine debris eligibility on the project. Given the typical diverse make-up of a debris stream, vegetative debris is segregated from non- eligible and other debris to the best extent possible at the loading site. Construction and demolition (C&D)debris, mixed debris,and other non-hazardous debris is separated further at the disposal site. All debris will be mechanically loaded and reasonably compacted. Debris Renaval frm Private Property(Right-of-Entry) Private property debris removal or right-of-entry (ROE) work is periodically authorized by FEMA for reimbursement under certain conditions. If a homeowner cannot reasonably achieve the remediation of hazards posing immediate threats to public health and safety, an ROE may be authorized. AshBritt can assist the City with the request for ROE, interpretation of the ROE eligibility criteria, ROE rules for the current disaster, and the documentation necessary to authorize work on private property. The crew composition for ROE work differs from the crew composition for ROW debris collection. Crews generally consist of specialized personnel (chsinsaw operators, climbers) and aerial reach equipment(bucket trucks,cranes). Demolition of entire structures is sometimes necessary. AshBritt is experienced in residential and commercial demolition and has been a member of the National Association of Demolition Contractors since 1996. Howebotd Hazardous Waste and White Goods Collection After a disaster event, the destruction of residences, residential garages and sheds or storage facilities will produce quantifies of household hazardous waste (HHW') and/or white goods2 that 'HHW includes haaardous materials such as household cleaners,paints,paint thimms,motor oils,gasoline,rot pesticides.HHW may pave a threat to human heaah or the environment if it is not disposed of property.HHW poses a threat beast it exhibits one or more of the following ebm sensum toxic,cormem igtwable mod reaedve. 'whim goods comprise myor hotadtold electrical appliances mdudmg.ref rraw s,freean,ale com&nonm,washers,dryem.dishwashers.711cm ga croly an be mcycled,but special handling is required for mils containing Freon. Ashygtt,hu,. r Parkland,fl a RFP No.2007-fp -10- Exhibit"B" must be separated from storm-generated debris. AshBritt crews have been trained to identify HHW during ROW and ROE collection as well as TDSRS debris separation activities. All HHW and white goods will be segregated at the loading site and at the TDSRS. At the TDSRS such will be separated by type and stored in a containment area prior to proper disposal. Disposal will comply with all local, state and federal regulations and laws. Hazardous Material Containment&Abatement Our Special Environmental Services Division can provide temporary containment of any storm- generated hazardous waste. AshBritt has a teaming agreement with Onyx Special Services that includes the abatement of hazardous waste material. John Noble, AshBritt's COO, is an Environmental Engineer with a Masters Degree in Solid and Hazardous Waste Management. He personally supervises all remediation activities conducted by us and/or our teaming partners. Hazardous Stumps and Fill Dirt All uprooted, eligible stumps on public rights-of-ways exceeding 24 inches in diameter, but less than 18 inches in height including the root ball, identified as hazardous by the City, will be removed, loaded and transported to the TDSRS. A CR will inspect the stump and measure the diameter above the root ball. The stump measurement, specific point of origin (GPS coordinates), and any notes by the CR indicating the nature of the stump hazard must be added to the load ticket for proper documentation. These specialized crews will typically consist of heavy loading equipment (i.e., wheel loader, backhoe, crane,etc.),a lowboy trailer and a dump truck holding fill material Voids created by stump extractions will be filled with comparable and suitable material, usually purchased locally. Hazardous stumps located on private property can be removed by AshBritt under the private property right-of-entry program if directed by the City to do so. Ruts and depressions inadvertently caused by contractor equipment and voids created by stump removals will be filled with suitable material and reasonably compacted to grade. 1 Hazardous Leaning Trees and Hanging Limbs Hazardous leaning trees on public rights-of way will be identified, measured (diameter), and documented by the City. Crews will saw-cut as necessary to trim and truncate such trees to facilitate loading. Leaning trees on private property that are encroaching onto the ROW will be saw-cut at the private property when safe to do so. Only the encroaching portion will be removed. Hazardous trees on private property posing an immediate threat will be addressed on a per case basis as instructed by the City. Hazardous hanging limbs ("hangers") on trees located in the ROW will be identified and documented by the City similarly. Generally, hangers are surveyed, located, assessed and logged for a special deployment of crews comprised of bucket trucks and climbers with chainsaws and all necessary personal protection equipment. Temporary Debris Staging and Reduction All activities associated with massive debris clearance, removal, and ultimate disposal operations depend upon the availability of suitable temporary debris staging and reduction sites (TDSRS). Identifying these potential sites before a natural disaster will expedite and facilitate debris removal ,4shBrd Ina. r Pmpiand. FL w 4I-P No �007 t)' •11- Exhibit "B" and subsequent volume reduction and disposal activities. If sites are not yet identified, an experienced AshBritt representative will assist the City in the identification and selection of potential TDSRS. In congested urban areas where large, prototypical sites are unavailable,the use of multiple TDSRS, twenty-four hour operations, and immediate removal of separated and processed debris can help alleviate the constraints of smaller temporary disposal sites. AshBritt has proven success in establishing and managing single large and multiple small disposal sites. BaseUne Data Prior to site preparation and activation, AshBritt will assist in establishing baseline data to document a site's pre-use condition. This entails taking ground or serial video or photographs,noting important structures, fences, culverts and landscaping, analyzing random soil samples and ground water samples. We will evaluate the topography and soil/substrate conditions to determine the best layout for site activities. And we will attempt to limit the modification of the site in order to minimize site closure and restoration costs. Moreover,as part of our initial site assessment we will contemplate environmental factors such as noise, dust, smoke, erosion control, storm water runoff,wetlands, historic preservation, endangered species,and traffic and safety controls. Site Plan. Ashlkitt will establish and submit for approval a site plan and operating procedures for the TDSRS. The plan and operating procedures will include: site preparation, including any clearing, grading, and erosion control; identification of ingress and egress; interior road system design, utilizing any existing roads; traffic flow and control; a roofed inspection tower, sufficient for a minimum of three inspectors to monitor incoming and outgoing bads; site layout and debris segregation plan, including separate bermed containment areas lined with impermeable material for the storage of HHW, ash, and fuel, "clean" debris area for woody debris and burnable C&D awaiting reduction, storage areas for metals and white goods, storage area for non-burnable debris awaiting transfer to final disposal, debris reduction area with appropriate set backs and safety zones for the type of reduction(burning or grinding);appropriate signs, cones, safety barriers and caution We identifying safety zones; a first aid station;,site security and fire prevention measures; activation dateltime and daily hours of operation, and site management team with 24 hour contact numbers. Debris Redaction. AshBritt can provide several debris reduction options. These include air curtain incineration and reduction by grinding. We consider logistical and environmental concerns, as well as the potential disposal outlets when deciding. For the City, reduction by grinding would be our recommended method. This involves using industrial tub or horizontal feed grinders powered by up to1000 hp diesel engines. A grinder will process up to 400 cubic yards of clean woody debris per hour, reducing the volume by approximately 4 to 1. Air curtain incineration is a method of burning clean vegetative debris. It accomplished by constructing a pit, either digging below grade or building above de(if a high water table Bg B ng grade exists),and by using a powerful blower unit.The blower will propel air at a velocity exceeding 120 mph,and will deliver20,000 cubic feet per minute to the fire to create a"curtain effect".The air traps smoke and small particles, circulating them to enhance combustion. Temperatures can exceed 2,500 degrees. A single pit is capable of processing over 200 cubic yards of debris per hour at a 20 to 1 reduction. Several pits may be constructed at one reduction site to exponentially increase the aggregate reduction capacity.The resulting ash residue may be used as a soil additive by the local agricultural community or disposed in a landfill licensed by the State to accept ash. Maintenance. AshBritt will maintain the TDSRS as necessary to ensure safety and minimize environmental impact. Normal maintenance will include: adding rock to roads for stabilization, modifying road system as needed, installing silt fences or berm systems to divert rainwater and protect areas from runoff and loss of topsoil, replace liners under stationary equipment,'document and rectify any accidents, Ashr3alf Inc. * Paibiantl,FL • UP Nro.;ppi-O� •1$- i Exhibit"B" spills, or environmental mishaps that occur. Additionally, we will supply site security and appropriate fire prevention measures when necessary. Site Closeout and Restoration. Each TDSRS will eventually be cleared of all debris and restored to its pre-disaster condition and use. AshBritt will test soil and ground water to compare to the pre-disaster baseline, verifying that no long-term environmental contamination is present. Our basic closeout steps are: remove all debris, stored material, and unnecessary equipment from the site; conduct an environmental assessment; develop a restoration plan; submit for review and approval by the City; execute the approved plan; obtain acceptance from the City and execute the site closure documents. Closeout and restoration is generally completed within 30 days of receiving the last load of incoming debris. Debris Disposal All debris collected by Ashbritt during disaster recovery activities for the City will be disposed of in accordance with all applicable State, Federal and local laws, standards, and regulations. A description of the most common types of debris generated in recovery operations and the anticipated disposal method are detailed as follows. Mulch from woody debris reduced by grinding—Potential beneficial uses include utilization as a fuel for industrial heating or cogeneration plants, land cover, and agriculture additive. if no beneficial use is available,mulch will be disposed of in a licensed landfill. Ash from woody debris reduced by burning— Potential beneficial use as agricultural soil additive. If no beneficial use is available ash will be disposed of in a licensed landfill. Constriction and Demolition Mrterial — This waste stream includes concrete, asphalt, gypsum, wood waste,glass,bricks, roofing tile,and asphalt roofing tile.Some of this material can be separated and recycled if recycling contractors are readily available and market conditions are favorable. C&D that cannot be recycled will be disposed of in a licensed landfill. Metals—Most ferrous and non-ferrous metals are suitable for recycling.Metal maulers and shredders can be used to shred trailer frames, trailer parts, appliances and other items. Metal that cannot be recycled will be disposed of in a licensed landfill. White Goods—Household appliances can be recycled as part of'a metal recycling program and can be recycled for parts by used appliance dealers. Appliances that cannot be recycled will be disposed of in a licensed landfill. Prior to disposal certain appliances (freezers, refrigerators, coolers, AC units) will have CFC refrigerants and motor oil removed by a licensed contractor. Soil—Collection of disaster generated debris; especially vegetation will include various amounts of soil. Careful debris separation at the TDSRS possibly including the use of screens can remove the soil,which will be stored onsite for backfilling ruts and voids created by stump removal. Remaining soil will be used in the TDSR site restoration. Household Hazardous Waste—HHW may consist of common household cleaning supplies, pesticides, motor oil, lubricants, transmission and brake fluids, gasoline, anti-freeze, paints, propane tanks, oxygen ' bottles, and batteries. H14W will be separated from the general waste stream and stored in a lined containment area. Technicians will segregate incompatible chemicals and properly store or pack the waste for transportation to a facility specially permitted to accept hazardous waste. Hazardous Waste — Hazardous waste will be contained, collected, containerized, manifested, and transported to a facility specially permitted to accept hazardous waste. Ast0iff. frr,_ a Pa&lrnd.FL 0 RFP N0. 2W7 W -13- Exhibit"B" Additional Response Services Major, wide-spread weather disasters, such as category 4 and 5 hurricanes, can be totally devastating to stricken communities, warranting the need for more expansive support services. These are services above and beyond debris removal and management. In many cases these services are necessary precursors to ensure a debris mission advances effectively,safely and efficiently. AshBritt is a full-service, single-source contractor that is able to coordinate and deliver turnkey emergency response, environmental remediation, and recovery and restoration services. Under one umbrella,we can minimize the worry and confusion surrounding a client's recovery, restoration and build-back needs following a major event. Through our own resources and through our teaming partners, we will ensure that these vital offerings are handled completely and expertly. Following is a list of ancillary services and expanded service offerings, over and above our core response and recovery services. We welcome the City of Parkland to utilize our vast resource network,management experience,and service expertise to solve any of these needs. _< Emergency Support Services AshBritt is capable of providing a full range of post-event emergency support services and assets that are critical to public health, safety and welfare until customary services are restored. We have a proven track record of being able to supply and/or coordinate the delivery of vital resources under the most trying of circumstances. AshBritt can supply, and maintain as necessary, the following services and assets: r Emergency Water-Supplies of water in gallon, 2-liter bottle,or bulk potable water tanker can be delivered to a central distribution point within 24 hours; Emergency Ice - Supplies of bagged ice in 50 or 1001b bags can be delivered to a central distribution point within 24 hours; Emergency Homing-Temporary housing and turnkey base camps to support local and out-of- area relief workers can be established within 48-72 hours following a major event; Mobile Kitchen and Shower Units - As an extension to base camps or as specific areas, these units, serving for disaster support workers and local representatives,can be delivered,set up, and powered by generators within 48 hours; Canteen, Commissary Services and Meals Ready to Eat (ARE) - Full canteen and commissary services, serving hot breakfast,lunch(MRE), and hot dinner can be established,and expanded or contracted as necessary to support local relief workers; Emergency Power Generation - Temporary power generation for critical facilities can be delivered,set up,and maintained if the normal power supply is disrupted; Emergency Satellite Service/Communication Infrastructwe- Satellite telecommunication service . can be supplied,to a greater or lesser extent,contingent on the magnitude of the event and scope of damage. These services will support telephone and online internet access. Emergency Fuel Supply- Through strategic coordination and partnerships with wholesale fuel distributors, fuel can be supplied immediately and as necessary to maintain continuity of vital services; Temporary Offlices and Warehousing- Mobile command centers, temporary offices and critical document and asset warehousing can be supplied in any configuration to meet local needs. Emergency Roof Tarping&Repair-Coordination and work of temporarily patching roofs when permanent repairs cannot be made immediately,mitigating further damage. Additional information regarding these services is available upon request. AshBntt, Inc. a PilVand.Fl. a NFP No.2007-CI -14- Exhibit "B" Dead Anhnal,Livestock, Fish CaBeetion AshBritt is able to collect and lawfully dispose of animal and fish carcasses from public property and right-of-ways. AshBritt will provide specialized crews to be dispatched to specific locations where remains have been identified to collect, haul and dispose of all carcasses as directed by the College. A similar application we conducted in Louisiana was to collect, bag and lawfully dispose of over 1,900 tons of contaminated frozen chickens form a commercial warehouse facility. Special Environmental do Marine Services AshBritt has experience in performing the following special environmental and marine services, as related to both recovery operations and as sole source environmental remediation/mitigation work: Sewer and Catch Basin Clearing— Removal of storm generated sediment and debris from the storm water sewer system. This will aid in the prevention of secondary flooding. Clearing is normally accomplished using industrial vacuum trucks. Marine Recovery — Underwater search and rescue, vessel recovery, underwater welding and salvage, debris removal from canals and waterways, deployment of divers, deployment of remote operated vessel (ROV),deployment of barge and landing craft as work platforms for equipment and supply transport. Dredging—Mechanical and hydraulic dredging of canals, marinas and navigable waterways. AshBritt is a member of the Dredging Contractors of America and has completed Mass Decontamination—Decontamination of buildings and facilities after the detection of biological or chemical agents. MoldRemediation—Identification and remediation of mold in buildings and facilities. Vehicle Containment&Disposal AshBritt will coordinate with the City to establish central aggregation points for.the temporary storage of abandoned vehicles. We will ensure these storage areas are secure and well lighted A program to inventory and index vehicles will be implemented,to include recording and data basing license plate, make, model, color and V1N. Vehicles will be staged and indexed for easy location and retrieval. We will assist the City and any involved departments with the dissemination of information, the contacting of vehicle owners, and/or any investigations necessary to effect the proper disposition of vehicles. We will arrange for the scraping of vehicles, as applicable, and ensure the following materials are properly recovered: gasoline and diesel fuel, refrigerants, lubricating oils, mercury ABS switches, mercury convenience switches, lead acid batteries, brake and transmission fluid, antifreeze and tires. Propane tanks and large appliances in recreational vehicles will also be removed and disposed of lawfully at approved sites. We will decontaminate vehicles, as applicable, before they are allowed to leave the aggregation site. Boat Recovery, Containment, do Disposal AshBritt has designed a program that identifies and addresses the needs of boat stakeholders, owners, insurance companies, lenders, state agencies, and the U.S. Coast Guard. Program steps are: removal and transport, containment and security, claiming and release, salvage and reduction and disposal. This program generally follows the containment, staging, inventorying, indexing and handling and disposition procedures of the vehicle containment plan, though applicable boat information is collected and other materials are recovered during the scraping and recycling stages. The full plan is available upon request. AOR.rIh, Inc. r Paddand.Fl m HFP No 1,007-07 •16 Exhibit "B" Doettmentadon and Reporting The College may chose to use the AshBritt load ticket (see attachment) to record all loads of debris collected from public rights-of-way and subsequently transported to designated disposal sites. AshBritt's load ticket captures the fifteen (15) key data points described in the Debris Management Guide (FEMA). The five-part load ticket allows all recovery participants to accurately document billable activities during the recovery project. Additionally, the College may choose to use AshBritt's comprehensive Truck Measurement Record (see attachment). This crucial form documents all the vital information regarding all haulers used in the course of a debris mission. In addition to documenting the critical hauler information, it is used as first tier safety certification document. By requiring both and A"ritt representative signature and a College representative signature,the validity of all data is supported. All other forms used by AshBritt during the recovery process are in accordance with current FEMA requirements under the PA Program. And as previously stated, all of our recovery documents are scanned, stored and backed up during projects. Originals are also securely maintained. f Annuaf Pre-Event Planning Planning for disaster response and recovery cannot be overstated; it is paramount to the success of any recovery mission. As a value-added service, AshBritt will encourage the City of Parkland to partake in our sponsored annual pre-event planning and training. We, and ultimately the City, benefit from being able to lay a solid foundation for future recovery efforts. We are also able to develop a professional relationship and rapport with key members of the City's emergency operations staff. These planning and training sessions will allow us to address selections and evaluations for preliminary TDSR sites and formulation of or updates to debris collection zone maps and primary road clearance routes. We can also review our GIS collection tracking system, while indoctrinating City staff. Customization and fine-tuning of the system can also be accomplished. Furthermore, we can research and coordinate more definitely local subcontractor participation. Special considerations such as environmental planning and mitigation concerns,hazardous household waste and hazardous materials handling and disposition, as well as other ancillary services that may be needed, as outlined above,will also be addressed. TDSASSelection, Plvrning, and Testing AshBritt desires to participate in the review and selection of potential debris management sites (TDSRS) whenever possible. A collaborative review and on site inspection is mutually beneficial to us and the City. It precludes potential operational and liability issues that'can develop and ensures fast-tack mobilization, response and production rump-up in the event of a disaster. We use established operating selection criteria for determining TDSRS viability and practicability. The following page contains an example of our Debris Site Evaluation Worksheet, which is a first step planning tool in collecting site data and determining site viability.Members of our operations staff will meet with City representatives to discuss and evaluate pre-identified sites. Furthermore, we use this tool to evaluate the feasibility of additional sites,as may be required. We can assist the City in securing additional sites if tasked or if we dean necessary owing to the extent of damage and debris volumes. AS"BrIti, Inc. • PlNanC, FL w RI'P No 200707 .16- Exhibit "B" Response b ROW Mobilization Response Guarantee Emergency Debris Clearance/Initial Damage Assessment AshBritt, under a supplied plan, will provide all management, supervision, labor, and equipment to clear disaster related debris from roads and public complexes throughout the City. Additionally, we will assist the City with its initial damage assessment. We will mobilize within six hours of the notice to proceed, or sooner, and to the best of our ability, complete this task within three days following the event. Furthermore, given our close proximity to the City of Parkland, we will also assist the City in any pre-impact planning and coordination for imminent,predictable events. Debris Removal/Temporary Staging Sites AshBritt will mobilize all management and support staff to assist the City within one day and all personnel and equipment within 72 to 96 hours, depending on the magnitude of impact. We will coordinate with the City to establish priority areas. We will submit a"final" cleanup schedule and plan within five days following the day of the disaster. This plan will include the projected number of hauling units and quantity of personnel and a safety action plan for all operations. Our operations will run seven days per week, ten hours per day, at a minimum. Temporary debris storage sites will be established to accept debris within 24 to 72 hours following a notice to proceed. If the disaster event dictates, we may work up to twenty-four per day, seven days per week to meet the debris reduction and processing production requirements. ROW Moblllzadon The following schedules detail AshBritt's commitment for crew deployment in the City of Tamarac. The quantity and type of crews to be deployed will be discussed several days prior to the event, and ultimately determined during the initial damage survey. Category I&1 Hurricanes: 65%of crews within 72 hours of NTP 50%of crews within 24 hours of NTP I 80Yo of crews within 96 hours of NTP 75%of crews within 48 hours of NTP ! 90%of crews within I week of NTP 100'/o of mews within 72 hours of NTP _; 1009/e of crews within 2 weeks of NTP Category 3 Hurricane: Category S Hurricane: 40%of crews within 24 hours of NTP 20%of crews within 24 hours of NTP 60%of crews within 48 hours of NTP 30Yo of crews within 48 hours of NTP 80%of crews within 72 hours of NTP 50%of crews within 72 hours of NTP 1000/6 of crews within%hours of NTP 65%of crews within 96 hours of NTP 80Yo of crews within 1 week of NTP Category 4 Hurricane: 90%of crews within 2 weeks of NTP 30%of crews within 24 hours of NTP 100%of crews within 3 weeks of NTP 45%of crews within 48 hours of NTP Note:Additional crews and equipment will be available if necessary and the decision to deploy additional resources shall be a mutual decision of AshBritt management and the City-Crew deployment levels can be doubled every 48 hours if necessary. Our Initial MobillzatiaWResponse Plan Template is included on the following page. AshB,M.Inc • Pn-kiGnA, R • RFP No.200-07 .17. I Exhibit "B" AshBritt Initial Mobilization/Response Plan Template P Time vFoa purpose of this Initial Mobiliatiervltespmne Plan RenpWe is to provide a general timeline,and directbn,guidarrx and reference for the critical actions and n"ire nets of dbassa response mobiliation This Plan represents a general guidline of the'muster"and mobdintion actions that in=in response to a 'predictable'even. Gutdorce The guwmw for this Initial MobilizatiodRespmse Plan is consistent with the escigeny to respond to an dvene emergency situation.It details the spatfic amipmaras for Ash Wit mwgemerml and other response personnel a it mists,se the recovery Chat. Asmay amiss It is uwmad did all rxntracind work or special tasking will be issued by the City.It is also assured ded the obliptions of key sate and/or federal agencies will be carried out a per the City Dusan Recovery Plan and/or the Stafford Ad.Furthermost,it is aswtmd that this mobilization plan does not include actions reserved fora conducted by arty unit of governmars. Rawer. The Initial MobilintioNReepats Plan i corpora those projected activities from a period three days prior to Ist lfbll mid depkrymem and activation of dcl rs collection crews to the City,five days from the even. ." C,a� �y e -M nRalKntlae Y�'irFb'>'n�q r :M i+� *- Inibsce Ciy oontsct side AdmwaWaim level.Dian=plan overview,identity and tanfurn AshBritt Principal,Chief .3 0 comas infamaian lbr the City Recovery Management Tank establish reporting and Officer(COO) aaditrd schduk. OP�i -3 1 0 Not Rise b basic preparation for activation. C00 -2 0 bithte City caeca at the Movagwran lovel.Discuss pan tbnts and anions respowbili ia. COO Carmfum local• ' 'for inbound vehicles sand cautioned.' 2 0 Organize Atarit Firm Rageeneder Tmar.Instruct kerns to prepare for immodishe deployment COO .2 0 Establish 9a1d license 100 ao ISo miles from On City OW of to aom pub wbem inessential C00 and eon be -2 0 Inventory and distribute as nailed:smallia phones,Nerteb,all phone,laptops,OPS units, set said other individual support equipment. proms Mangy(PM) -2 0 Impact and prepam epoipment for ttamport.Order permits a necessary. Equipment Manager(FM -1 0 Fired Responder personnel end osquatimmil to the*hold point*. COO -1 0 Arrange for local pests ant crow lodging or aaivae ampwey housing provider.Activae local OW supply secau s, Support Manger(SM) 1 0 Phase,*a hold'order for office sailers,Somersault,wiser lift,scaffolding,and other SM trade. -0 18 Initista 13 hour update for City.Fist Restoration.Stsff. PM -0 12 Ini1W 12 hoe millffic for City,Fvst Responders,Sal PM .0 1 6 lnttle ere 6 hoer fa City,First Rapsaidem Staff PM 0 0 Mrinatm contact with the City.Receive available update.Discus prelim unity dada t e moats. COO +0 6 AshMit Tcaa to the Ci COO +0 6 Deploy personnal and equipment fica'hdd points'b psdaamined"any pobt'within the I M 20% 24 C' . +0 12 Exavte Notice to Proceed work urOOaiatios:Ciry/ASMIrit. 000"City Admintmatftn •0 12 Reeeire from Ciy a list of inmediaa kiss set;I t reads to be applied(ice.water.power City rave(CR) orbs). y BegLm aqu lomm"oen"lon at the rally ptrht to include:Load volume artifrcuion,sally +0 12 ksspaaion ad arnplumco,truck numbering insurance catificatu n,and dyilat phams of a0 PM,EM.CR trtmla and eauvnoK ! +0 12 Aastst wish preliminary damsp aaaee merit b daarmiae quantity and composition of recovery rsaoaces needed. COO,PM,CR ♦0 12 cleanses,crew a directed the C' staff. PM CR 30% 36 +0 12 imp to Tanpoaty Debris Storage and Reduction Site(TDSRS)sifts.Confirm TDSRS site nab on ad .tam viability, PM,CR i +1 0 the Rr ofTD3R3 eta CR +I 0 13son hue lire leasing and development of TDSRS site.Open for debris delivery a woe as mint 24 hours. Disposal Site Mp(DSM) +I 0 Ewblth C' coRsetkn nines for sew CR 40% Ig +2 0 Collection sew meetirw Set debris collection position"for project,truck roux,TDSRS seas COO,PM.CR qualitycontrol concern chain of command. +2 0 Act' Collection crow b anes. debris collection. PM CR 60% 72 +2 0 C' debrb ntmrti red C' bwrr aartison. CR +2 0 �4'Cared Coordinaan.Co m mew quality ass rarce and cornpluma pro lam to Quality Assistance idmb trackadcarondelk:iercies. Manager(OAM) +3 0 Push owtinued;ROW alleotim mraloup with emphasis on assesmmemt priorities;T DSRS(s) ltrtrumw. PM,CR 90% % +n 0 Fnonyentapry push completed;Full mobiliaaien of resources;Continue ROW collection PM,CR.at of. '100% 120 Beam Hazardous and Sam emmern removal. +3 0 CostiarWsommawA.phernest and •add 9"I mm el res re aes a necessary. PM at A. 'Nola:Approdmsaw Of equip"min As Cootincy 3 hurricane(Equipment will vary by type ad haulm upCSy). Antra we.a MIw.0.r IV►ta 30w-0r -ta- ct Exhibit"B" Recovery Resources AshBritt distinguishes itself in the disaster recovery industry by its high standards and strict reliance on superior resources. These comprise our carefully screened subcontracting partners, our strategic teaming agreements with specialized firms, our preferential accounts with prominent and reliable national and local suppliers, and our reliance on using only "certified-safe" mechanical loading, hauling and dumping equipment. We also make strategic use of our own professionally maintained grapple trucks, heavy loading equipment,and industrial grinders. reaming Agreements AshBritt maintains teaming agreements with Onyx Special Services, Inc. IAP Worldwide Services, Inc., Dorado Services, Inc., Aerostar Environmental Services, Inc., WRS Infrastructure & Environment, Inc., Fireline Restoration Services, Inc., Mahaffey Fabric Solutions, Inc. and Sidram Power, Inc., amongst other firms. Onyx is a nationally recognized full-spectrum environmental services company specializing in emergency response (24/7), hazardous waste, remediation, bio-solid management,marine recovery, and an array of other services. Onyx has supported us in over twenty-five special projects. Onyx is a subsidiary of the global company,Veolia Environmental Services. Please visit them on the web at veoliaes.com to see their broad service offerings. IAP is a stational top provider of domestic life support commodities such as bottled water, packaged ice, and power generators. The rapid delivery of these supplies after a disaster has occurred is critical to our clients. They are FEMA's"contractor of choice" for such services. More information about IAP is available at www.lapws.com. Dorado is an 8(a) and a HUBZone certified environmental engineering firm with offices in South and West Florida, South Carolina,Oklahoma, Texas and Puerto Rico. Dorado provides baseline soil & water sampling, HHW collections, and investigation services for potential environmental threats. They have assisted AshBritt on over twenty large-scale projects. More information about Dorado is available at www.doraadosi.com. Aerostar is a full-service, woman-owned SBA certified 8(a) environmental engineering and remedial construction firm. Aerostar maintains a number of south-east offices, including those in Jacksonville, Orlando, Pensacola and Atlanta Aerostar performs water damage assessments, mold inspections and remediation, asbestos surveys, hazardous/solid waste characterization and management, air, water and sediment sampling,and other environmental services. Please visit them at www.aerostar.net. WRS Infiastructure & Environment, Fireline Restoration Services, Mahaffey Fabric Solutions and Sidram Power were briefly discussed. For more detailed information regarding these teaming partners,please visit them on the web. WRS Infrastructure&Environment, Inc.:www.wrsie.com Fireline Restoration Services,Inc.:www.fsrelinerestoration.com&www.bsoacorp.com Mahaffey Fabric Solutions,Inc.: www.fabricsolurions.com Sidram Power,Inc.:www.si&mnpower.com Ash&itt. Mr.. ■ Parkland,FL . RFP No.2W747 •�' Exhibit"B" National Accounts Equally important, we have preferential national accounts with several of the nation's largest _ providers of equipment and supplies. These relationships ensure availability and expeditious delivery of post-disaster equipment resources. We maintain these relationships by partaking in annual re-assessment meetings. These ensure we are services promptly when our clients need us most. These providers include United Rentals, Hertz Equipment Rental, Sunbelt Rentals, Nations Rent, Neff Rentals, Carrier Rentals and CAT Rental, all leading rental equipment and vehicle suppliers. . : Equipment Standards AshBritt certifies the safety of "all" project equipment. We use only mechanical loading and hauling equipment for debris collection, discouraging the use of hand-loaded trailers. We believe hand-loaded debris cannot be accurately estimated visually, compromising quality control. Hand loading is also inefficient and a dangerous method of collecting debris. We require all hauling vehicles to have sturdy tailgates that effectively contain debris during transport, and we demand all haulers rapidly unload themselves,without assistance. AshBritt maintains its own fleet of grapple trucks, the most versatile and effective loading vehicle for curbside debris removal. With a boom reach of 15 to 20 feet, these trucks can safely remove debris stacked on rights-of-way without damaging sidewalks or easements. And with a lift capacity of up to 7,500 pounds, they can safely handle any material in the debris stream. The most valuable aspect of maintaining our own fleet is the flexibility afforded to adequately complete any job with the highest quality standards. Resource Database Owing to our own reliance on outside resources, AshBritt maintains an extensive database of qualified subcontractors and an inventory of their equipment. Our subcontractors hail from all over the United States. We often avail ourselves of their experience and expertise to assist our own forces in conducting recovery operations. It is our practice to establish and maintain stand-by agreements with applicable specialty subcontractors to ensure an expeditious and comprehensive response for our clients. Our database also assists us in identifying local contractors no matter where an event occurs. Through an interface with our main AshBritt web site—the first of its kind in our industry—it is simple for any subcontractor to register for pre-qualification as an accepted subcontractor. Psh9rrt Inc. a Paikl,nd.FL • PFP No 2007-07 -20- Exhibit "B" Subcontractor Participation Our industry, on the whole, relies heavily on subcontractor resources. AshBritt has worked with thousands of subcontractors over our history. We maintain a database of all past subcontractors and we always encourage new interested firms to register. We maintain a core group of stand-by subcontractors who are exclusively on the ready for AshBritt. Furthermore, we engage local firms and local minority, women and disadvantaged enterprises in recovery efforts whenever possible. Local contractors are extremely beneficial, as they are quick to mobilize, are highly motivated to assist their own community, and are knowledgeable of the local geography and area suppliers. We have established targets of 45 percent for local subcontracting participation and 75 percent for the use of local goods and services, including a goal of greater than 15 percent participation for M/W/SBEs. AshBritt identifies potential local subcontractors through several sources, including the local Chambers of Commerce, locally established M/W/DBE directories, the Florida Office of Supplier Diversity,the FDOT DBE Directory, the SBA g(a) Minority-Owned and Woman-Owned Business Directory and the SBA, as well as recommendations from local trade associations, equipment dealers, and client personnel. Prior to being added to the disaster recovery team a potential local subcontractor must complete a thorough operational and financial review including: Initial structured telephone interview. j Obtain approval by the City of all screened Review of equipment list,work history,and subcontractors. capability. Acquire insurance certificate listing AshBritt Review Dunn and Bradstreet Reports. and the City as additional insured. Inspect on-site of facilities and equipment. Execute a Subcontractor Agreement. Relying on subcontractor resources makes it critical to establish stringent standards and guidelines to protect our own and our client's interest. AshBritt's Subcontracting Plan sets performance criteria for all prospective subcontractors. It also works to develop a professional and capable national workforce and to promote work force diversity and inclusion of small and disadvantaged firms. Most importantly it ensures real participation of qualified disaster-affected local firms. All potential subcontractors, to perform under an AshBrin contract, must be pre-approved from our resource database, have a favorable evaluation from either a prior AshBritt project or at least three non-AshBritt projects, or the favorable endorsement of the client. Additionally, all equipment to be deployed is thoroughly inspected and certified as operationally safe. Workforce safety training is administered when necessary, and a compliance agreement of all safety policies as mandated by all governing authorities must be acknowledged. Subcontractors must execute a Subcontractor Agreement, which defines the scope of work, responsibilities, accountabilities, and binds the subcontractor to comply with FAR and FEMA regulations. They must also execute a hold harmless agreement indemnifying the client and its agents. Furthermore, based on anticipated participation revenues, comprehensive insurance coverage, including worker's compensation is mandated. A Cerifftate of Insurance with established limits must be submitted before work can commence. Moreover, compliance with all applicable federal, state, and local tax, unemployment compensation, and worker compensation laws is mandated. AshOaO,Inc. • Parkland.FL ■ RFP No.2007{B? .21 - Exhibit "B" Technology:Info Management AshBritt is by far the industry leader in employing technologies to streamline the planning, logistics and administrative requirements of a disaster recovery. We realize leveraging the benefits of current technology is critical to improving disaster recovery missions. Technology, along with a technologically savvy staff, enhances productivity and increases efficiency. This leads to faster and more thorough cleanups, and more accurate and timely information tracking and reporting. The administrative burden is lessened and grant reimbursements are expedited. AshBritt continues to invest heavily in technological systems to help streamline recovery tracking, information flow, reporting and overall accuracy. This pursuit gives helps us maintain a competitive advantage in offering greater value and significant savings to our clients. Debris Information Management System(DIMS) At the forefront of AshBritt's technology resources is our Debris Information Management System or in short"DIMS". When a disaster strikes, accurate "real-time"information is crucial to success. DIMS facilitates this communication and all information exchange during and after an event by allowing us to instantly share with our clients debris related information electronically across the World Wide Web. DIMS is a web-based database application that tracks the daily, weekly, and monthly evolution of a recovery project. It allows us and our clients, through the DIMS Client Edition,to track and analyze data culled from debris load tickets,truck certifications, and incident reports. DIMS is a modular tracking system in that it segregates and organizes data by Technology Business Model clients, jobs and all unit and hourly services, minimizing confusion and - LOWr.kra,ar inaccuracies. .su.ren ►�►e..rrlas e T » i Chertt tsdtto, Thereby DIMS is able to generate cm u 'rtT'*°A°'"'s Awfimilr detailed management reports and s urn JOY vim o y Amr ve®ar useful charts and graphs. These then -iieharitt assist us and our clients in monitoring '.�--- performance and progress, in informing local elected officials and the public, in ensuring accuracy to Wr r urrmrrsr lessen project modifications and appeals, and m facilitating the invoicing process, reconciliations and audits. Each day during a recovery, debris load tickets, as well as other important tracking documents, are scanned, entered and stored in the system. This information is "published" instantly to the web and is accessible from any computer with online access. Ashi±rtl,Ix. Pnfklwld,FL • RFP Wi ..^6l1'•Oi .22. Exhibit"B" DIMS is user friendly and integrates well with other programs, such as MS Excel and Access. From this integration, faster processes and more advanced or specific analyses are able to be conducted. More wide-spread data sharing is also permitted. An example of effective integration that increases overall job productivity is the coupling of DIMS with our suite of proprietary electronic subcontractor invoices(eSubinvs). We allow all of our subs,with the capabilities, to use these files free of charge. It increases both their and our billing accuracy and, integrated with DIMS, serves as a first level audit action,greatly streamlining the administrative process throughout any project. Unlike dealing with paper trails, searching load tickets and hauling vehicles is quick and easy and can be undertaken with an array of filters to specifically target information. Subcontractor and contact information is also easily accessible. Our web-based subcontractor portal is tied seamlessly to DIMS minimizing duplication of effort. Additionally, DIMS tracks property damages caused by subcontractors. This allows us to expeditiously handle and rectify such matters, lessening the burden of resident complaints and inquiries,freeing up valuable phone lines and, in effect, controlling public sentiment with regards to the cleanup progress and quality. DIMS seamlessly tracks all services and geographies. For instance, local roads and FHWA roads can be imported in to the system to ensure the proper reporting segregation of debris within any jurisdiction. Sections, load origins and destinations are tracked. Also, hazardous stumps, leaning trees, hanging limbs, white goods,right-of-entries and hazardous materials are separately tracked. Generating the myriad reports of DIMS is simple. Some examples of these are: Debris Right-of-Way(ROW)Report Disposal Trucks Hauling Report Debris ROW FHWA Report Stumps by Category Report White Goods Report Stumps by Diameter to CYD Report Debris Site Management Report Subcontractor Detail Report Debris Processing—GrindingBummg ROE Unit/Hourly Summary Report TDSRS to Disposal Site by MulchlCBcD . Quality Control/Assurance Reports DIMS also incorporates a comprehensive accounts payable and accounts receivable module. Examples of DIMS screens are include in the following section for the City's review, however, we are always willing to arrange an on-site demonstration of the. value of this advanced tracking system. AehHGtl, Inp. w Pafhjand,FL s RF'F No.2007.07 .23- Exhibit "B" Client Training AshBritl staff conducts annual on-site classroom training and table-top exercises for all of our clients that desire to participate. This training generally occurs between the months of January and June, but ad hoc sessions can be arranged if an immediate need arises. Our sessions are generally 6 to 8 hours in length with appropriate time for questions and answers. Our training is current and topical, and carefully addresses the current state of FEMA guidance and policy with respects to the federal Public Assistance Program. We largely customize the training to meet the needs or our clients, and it is always lauded as thorough, informative and entertaining. We are proud of our efforts in delivering this service. Many or our competitors claim to offer this service, but a general survey of all disaster response clients will show that AshBritt has the best reputation in the industry for delivering this vital preparation. Some of key points that may be covered during the training include: _+ Review of potential disaster threats. _! Local government/agency/organization Congressional actions in review and pertinent preparedness. pending legislation. Required and recommended elected body Current debris management environment. resolutions. The Public Assistance Program and new FEMA Local government actions—management, guidance. administration,finance. Relationships of and for local government. Recovery meetings—applicants briefing,kick- Our Disaster Recovery Team off meeting,timelines. (Local and federal government,technical The 01G, audits,final inspections and closeouts. assistance contractor,debris contractor). Benefits of action vs.reaction. Roles and responsibilities of client key staff members. Following is a partial list of government clients and select participants to whom we've delivered formal technical training over the past few years. Please feel free to contact any of them for a review of our training. etefM. i. TiN - ttala9, t�': w Bop Raton Judy Ahem OWaikins Manner 5a1d18.37a4 .boco-ra mAus Bradenton sMwallied Emineedne - 941- stove enen.corn Brederiton Bach Tom Wooded Public Wor" 941-773-3947 twoada bwah.dom Onward County Bob Loy Dk.aor 321-6374670 bobArMliwardcounty.us omward Ram Tewad DROCW olkl Waste 954-76542o2 coconut creak Richard Caselo Public Waft 954-97"7e1 rued .rat Carl serer PLhk Works Dirsdor 04434-23W anBs .o i Dave Ed T W r 954�3d358 F-d Ta cv D0~13eseh MernieRam Ant 3 ft"W-mu mrosen diel"asch.ecrn FoR Pere Paul Bertram Publk Works Mar. 772�50-2290 Ixoe.cam L hthouse Point Russell Klein Public Works Admin. 9544 46-7355 rk I nth oom Parkland Jon Malian Public Works dredor 954-753-SWO im ritlem.0ru PWr4don Frank Decease Public Works Director 954-452.2537 Idempasebiantation.ore St.Luce County KYIG Crop Sr.PmIW E inser 772462-2153crocakdMuclow-Roy Titmille HIM Arena Solid Wage Super. 321.M-5756 hilhory.arensditilusW116.00m AshBr& hc, • Pareland.FL. ■ RFPNo 2007.07 .24- Exhibit "B" I Current Contracts l Exhibit "B" Commitments $ Response AshBritt maintains an active project schedule throughout the year. We continually offer our service expertise in special environmental, dredging, demolition, and waste disposal and emergency response disciplines. A common concern amongst clients is how a contractor's future commitments and workload will affect their ability to mobilize and to perform for them. This concern, though difficult for any disaster response contractor to address, is clearly warranted. Unfortunately,workloads are driven by natural disasters that are, by their nature, unpredictable. This fact is a shared risk in the disaster recovery industry and is common to all contractors. Nevertheless, the greatest assurance that we can provide our clients is, during our 15 years in the disaster response industry, we have never defaulted on a mobilization commitment, nor have we ever failed to complete a project. We only prioritize our clients based on the size and on the specialization of our management team. We strive to respond commensurate to the client's needs, and maintain a dedicated management structure. We invite the evaluation committee to contact any of our clients, dating back to 1992, for validation of our responsiveness and follow-through. Moreover, based on our recent record, we have clearly demonstrated we have the ways-and-means to respond and to perform with speed, efficiency and, above all,excellence. The following table lists AshBritt's current pre-event contract commitments as a primary (1) to fourth tier(4) selection for disaster recovery services. Noted by an asterisk(a)are contracts that are expiring in May of 2007. These contracts are slated to be let as Request for Proposals. Comaueuy Term ., .Cows■airy , Tent Coeupew yr •, . :,i'arm , . , BeouI-Jss r WSA' 08/p -M7% Homestead FL' 04M5.12Po7 Parquitnans County,NC' 70I06.OQM Born Raton FL' 05/044Sr09 Indian River Cou FL' Oa*4.o3 s Porroano Beach FL' 07/08-07= Brevard County,FL' OWO&08N9 Leke Worth FL' 07/04-07/Oa Punts GWO FL° 05/05.05M7 Broward County,FL' 01/08-05/07- Lynn Hawn FL' OWWO&OQ Said i Harbor FL' 04/04t2/OB FL' 07/04416107 Manatee County,FLr 04M404/08 Sarasota County,FL' 07/00-07/09 Charleston County,SC' 12M&12/10 Matagorda County,TX' O&V54)5= Sebastian.FL' 08/04-12/Oa Charbtb County,FL' 01103-12/09 Miami Beach FL' 04M4-06/07• South Miami FLr Chatham County,GA' 0SAD5-(WI0 Homo county, FL' 0644-09/06 at Johns County,FL' OSM4-W 0 Consign coup Sc' 07M2-07/07 Nos Mami Beach FL° OGMS.N 07 Stu FL' 09/06-06108 Collar County,FL' 11M5.11/07 North Miami FL' 091054WN $~County,SC Cooper Cft FL' 05/01 n Nos Palm Beach FL' 09/04-07/08 Sunter,City of SC Coral Gable FL' 05004-12i S i Oakland Park FL' 0&01-06I07• Sunrise FL' 1 1/05-1 210 7 corpus Chrld TX' Orange County,FLr 0&05-08/08 Tome of Devi* FL' 09101-09/08 Dania Beach FL' 05ro2-M7 Orlando FL' VPP VA' n EsambleCou FL' 040o FL' 07W0 07/10 West Pak FL' 05Po8-05/07' GaMaston Tx' 08/O&08/08 Patin Beach Gardens FL' 07/046/08 Weelon FL' 06J09-MI1 Ham Ca SC' 01/0&12/07 Pain ito FL' 060-0408 W nter Park FL' 07/05-07/10 Nah:/Prime I' Tier);2-5econd Tsr•3-77pird Yd Tier 4-Fbw1h 40 Fie A<h8ra, inc. a Parkidnd, FL n RrP Nn N00"r{I/ .25• Exhibit "B" Litigat(on Statement , Exhibit"B" P Exhibit "B" vil Bid Documents Exhibit "B" I j --NOTICE— i BEFORE SUBMITTING YOUR BID MAKE SURE YOU X 1. Carefully read the SPECIFICATIONS and then properly fill out the BID FORMS (Pages 22 through 33). ,X_ 2. Fill out and sign the NON-COLLUSIVE AFFIDAVIT and have it properly notarized. X 3. Sign the CERTIFICATION PAGE. Failure to do so will result in your Bid being deemed non- responsive. X 4. Fill out BIDDERS QUALIFICATION STATEMENT. X 5. Fill out the REFERENCES PAGE. CX 6. Sign the VENDOR DRUG FREE WORKPLACE FORM. X 7. Include WARRANTY Information, if required. X S. Cleary mark the BID NUMBER AND BID NAME on the outside of the envelope. 9. Submit ONE(1)Original AND NINE(9) Photocopies of your bid. X 10. Make sure your BID is submitted prior to the deadline. Late Bids will not be accepted. X 11. Include proof of insurance. X 12. Include copies of all licenses and certifications. FAILURE TO PROVIDE THE REQUESTED ATTACHMENTS MAY RESULT IN YOUR BID BEING DEEMED NON-RESPONSIVE. THIS PAGE AND THE FOLLOWING PAGES ARE TO BE RETURNED WITH YOUR BID. THIS SHOULD BE THE FIRST PAGE IN THE BID SECTION OF YOUR PROPOSAL. Page 22 Exhibit"B" BID FORM BID NUMBER 2007-07 To: The Public Services Director of the City of Parkland: We propose to furnish the following in conformity with the specifications and at the below bid prices. The bid prices quoted have been checked and certified to be correct. Said prices are fixed and firm and shall be paid to Bidder for the successful completion of its obligation as specified in the contract documents. DISASTER DEBRIS REMOVAL AND DISPOSAL SERVICES (TIME AND MATERIALS—PUSH SERVICES ONLY) Operators lack dad Skid Steer Loader Bobcat Hour $68.00 Backhoe Cat416 Hour $95.00 Wheel Loaders Cat 950 Hour $125.00 Wheel Loaders Cat 966 Hour $14D.00 Wheel Loaders Cat 980 Hour $160.00 Tracked Loader Cat955 Hour $125.00 Towed Loader w/Tractor Prentice 210 Hour $140.00 Self Loading Knuckle boom Truck 25-35 CY Body Hour $145.00 Self Loading Knuckle boom Truck 3545 CY Body Hour $165.00 Dozer Cat D4 Hour $105.00 Dozer Cat D5 Hour $115.00 Dozer Cat D6 Hour $140.00 Dozer CatD7 Hour $245.00 Dozer Cat D8 Hour $265.00 Excavators Cat 320 Hour $215.00 Excavators Cat325 Hour $13S.00 Excavators Cat 330 Hour $150.00 Tractor w/Box Blade 80 Hp Hour $ay.00 Motor Grader Cat 120G Hour $125.00 Crane 30 Ton Hour $125.00 Bucket Truck Up to 50'reach Hour $130.00 Bucket Truck 50 to 75' reach Hour $150.00 Trash Transfer Trailer w/Tractor 110 Yard Hour $125.00 Mechanized Broom Street Sweeper Hour $us.D0 Water Truk 2000 Gallon Hour 8e5.00 Stump Grinder Vermeer252 Hour $120.00 Chipper w/2 man crew Morbark Storm Hour $135.00 12-Foot Tub Grinder Morbark 1200 Hour $125.00 13-Foot Tub Grinder Morbark 1300 Hour $395.00 14-Foot Tub Grinder Diamond Z 1463 Hour $455.00 Page 23 Exhibit"B" 810 FORM BID NUMBER 2007-07 Heavy Equipment E i S1ze or Tytie U/M ::1 linit Price q, P ui ment Transport w/ Tractor 50 Ton Hour $115.00 Truck Mounted Winch Tow Truck Hour $90.00 Haul Yetiklea 4'." Slxe gr'f`�pe `�;;' ` .tTJA?jF K.�#n�t Prim: Operalors Included Dump Truck 10 to 15 CY Hour $55.00 Dump Truck 16 to 20 CY Hour $70.00 Trailer Du w/Tractor 30 to 40 CY Hour $75.00 Trailer Dump w/Tractor 41 to 50 CY Hour s80.00 Trailer Dump w/Tractor 51 to 60 CY Hour s85.00 Trailer Dump w/Tractor 61 to 70 CY Hour $95.00 Walking Floor Tra�illeer,ws/y�Trra�cttoorr p 100 CY }Hour y8125.00 11"a8[iilACta�n.�elllCiei'- '3ize'or,.Type �' 1791V1�: " '��.U�t��il�.�` � Operators Not Included Pickup Truck 1/2 Ton Da $65.00 Pickup Truck 3/4 Ton Da $90.00 Pickup Truck 1 Ton Da $110.00 Box Truck 3/4 Ton Da $105.00 Utility Van 3/4 Ton Da $70.00 Passenger Van 9 Passenger Da $85.00 Passenger Car Full size Day 558.00 ♦ j ,_ bet-, et Q Sizd oe a tTtrM s L# 1de'r Superintendent w/Pickup Truck Individual Hour $70.00 -Supervisor w/Pickup Truck Individual Hour $75.00 Safety or QC Manager w/Pickup $75.00 Truck Individual Hour Mechanic w/Truck and Tools Individual Hour $80.00 Climberw/Gear Individual Hour $85.00 Operator w/Chainsaw Individual Hour $55.00 Laborer w/Tools Individual Hour $30.00 Traffic Control Personnel Individual Hour $30.00 Ticket Writers Individual Hour $35.00 Clerical Individual Hour $35.00 Administrative Assistant Individual Hour $40.00 i Page 24 Exhibit"B" BID FORM BID NUMBER 2007-07 DISASTER DEBRIS REMOVAL AND DISPOSAL SERVICES (UNIT COSTS) Name of Vendor. DESCRIPTION OF SERVICES UNIT OF MEASURE UNR COST Collection(0.15 miles) Cu.Yd. $10.25 Collection(>15 miles) Cu.Yd. $11.75 Processing and Disposal at Temporary Debris Management0 . (all cow inchfdYp haul cut and disposal as applicable) Vegstetive Cu.Yd. $9.00 Construction and Demolition(including white goods) Cu.Yd. $14.50 Stumps(cubic yards per FEMA guidelines) Cu.Yd. $10.00 Tree Debris Removal Hangers Per Tree $125.00 Lesnefa 13'to 24' Per Tree $95.2 5 25'to 48' Per Tree $195.00 49'to 72' Per Tree $295.00 >72' Per Tree $495.00 s � Stamps 25'to 4S' Per Stump $145.00 49"to 72" Per Stump S195.00 >72' Per Stump $225.00 Stump Bacldi8 Per Stump $75.00 Page 25 Exhibit "B" BID FORM BID NUMBER 20W-07 DISASTER DEBRIS REMOVAL AND DISPOSAL SERVICES (ALL-INCLUSIVE SERVICES) The Contractor will provide all services and expenses necessary for debris pickup and hauling, processing of debris at the TDMS (fi required), and final disposal for a fixed unit price as a cost per cubic yard, for the debris types noted below, but excluding debris designated as hazardous wastes. This cost Is Inclusive of all related expenses Including contract administration, technical assistance to the CITY, personnel training and certification, TDMS management, services for security, safety and traffic management, and associated actions necessary for implementation of debris management operations by the Contractor as defined in the agreement. CosVcubic yard • Vegetative debris -Right of Way/ Public Property_/a $23.50 • Tree debris—hangers, leaners and stumps is $23.50 • Construction and demolition debris, Including white goods:is $23.50 The undersigned declare to have specific and legal authorization to obligate their firm to the terms of this bid, and further, that they have examined the invitation to Bid, the Instructions to Bidders, the Specifications, and other documents Included in this bid request, and hereby promises and agrees that, if this bid is accepted, they will faithfully fulfill the terms of this bid together with all guarantees and warmndes thereto. The undersigned bidding fine further certifies the product and/or equipment meats or exceeds the specification as stated in the bid package; and also agrees that products and/or equipment to be delivered which fail to meet bjd specifications will be rejected by the City within thirty(30)days of delivery. Return of rCectiJon yj be of the expense of the bidder. •, ,��: A"Britt, Inc. v` . '�_.--_`�`• Company Name Authorized SignaWre 460 S. Andrea Ave. . Terry Jackson Address Typed/Printed Name YOMPSM10 Beach, FL 33069 954-545-3535/954-545-3565 City, State, ZIP Telephone& Fax Number C00060313, Bxp. 9/30/07 65-0364711 Contractor's License Number Federal Tax ID# NOW a. All-inclusive rate cosprimes: Debris collection (vegetative and C&D)frca public right-of-rays, Stump artraction, removal and backfill; hazardous tree and limb removal, TDSR mite management, reduction of vegetative debris via grinding or burning, reduction of C&D debris via Sorting, separating, and/or compaction, loading, hauling and disposal of all processed debris to final destination IMS) from 0 to 25 miles from TDSRS. Page 26 i Exhibit "B" BID FORM BID NUMBER 2007-07 DISASTER DEBRIS REMOVAL AND DISPOSAL SERVICES (OPTIONAL SERVICES) COST Debris removal from lakes & canals (per cubic yard): $34.25 per cy Restoration of canal banks and slopes (per linear foot): $32.50 per In foot Removal of motor vehicles Including towing, processing and disposal (per vehicle): s�co.oo per ve>+icle Removal of boats including towing, processing, and Disposal (per linear foot of boat): $82.50 per In foot See attached Hazardous Waste O: schedules (J & K) . Provision of emergency potable water(per gallon): $3.5$ per gallon Provision of emergency Ice (per pound): _ $TW Temporary bathroomWport-o-lets (per unit): $52.50 per unit/per day $1,451.40 per unit/per month Provision of temporary satellite phones (per phone/per day): $24.3o per phone/per day plus $2.Oo per minute use Provision of emergency generators (per un!Vper day) See attached 25KW to 50KW (portable): 50KW to 100 KW (portable): see attached schedule (e) . See attached 100KW to 150KW(portable): acheduls (c) . See attached 25OKW (skid/tralier mounted): schedule (c) . Sewer, culvert and catch basin cleaning Including Incident transportation and disposal (per cubic yard): specific /b b. Service based on pipe size, length and material type; rate to be determined based on job survey. Page 27 Exhibit "B" Personnel,Equipment and Materials (Emergency Push/Other Servicae)Price Schedule City of Parkland, Florida Service Deseri tion Size or Tyine Wait I Unit Price Heavy Kqu#inevir (Operator;fuel, maintenance included) Skid Steer Loader Mini-Loader Bobcat Hour $69.00 Backhoe Cat416 Hour 595.00 Backboe,Extend-a-hoe cosemillar Hour $110.00 Wheel Loaders Cat950 Hour $125.00 Wheel Loaders Cat 966 Hour S140.00 Wheel Loaders Cat 980 Hour 5160.00 Tracked Loader Cat 955 Hour $125.00 Towed Loader w/Tractor Prentice 210 Hour S 140.00 Self Loading Knuckle boom Truck 25.35 CY Body Hour $135.00 Self Loading Knuckle boom Truck 35-45 CY Body Hour S 165.00 Dour CatD4 Hour 5105.00 Dozer CatDS How TI15.00 Dozer CatD6 Hour $140.00 Dour CatD7 Hour $145.00 Dour CatD8 Hour $165.00 Excavators Cat320 Hour $115.00 Excavators Cat 325 Hour S 135.00 Excavators Cat 330 Hour $150.00 Tractor w/Box Blade 80 Hp Hour 545.00 Motor Grader Cat 1200 Hour $120.00 30 Ton Crane 30 Ton Hour $225.00 Bucket Truck Up to SO'reach Hour S135.00 Bucket Truck Sly to75'reach Hour 5150.00 Trash Transfer Trailer w/Tractor 110 Yard Hour $125.00 Mechanized Broom Street Sweew Hour $75.00 Water Truck 200D Gallon How $85.00 Service Truck N/A How $70.00 Stump Grinder Vermeer 252 How $85.00 Shimp Grinder Vermeer752 How 5120.00 Stump Grinder Vermeer60TX How $135.00 Chipper w/2 man crew Morbark Storm Hour $125.00 12-Fora Tub Grinder Morbark 1200 How 5395.00 13-Foot Tub Grinder Morbark 1300 How $455.00 14-Foot Tub Grinder Diamond Z 1463 How 5490.00 12T Lowboy Trailer .T w/Tractor 12 Ton How $55.00 35T Trailer Tran w/Tractor 35 Ton How $90.00 SOT Lowboy Trailer .Trans w/Tractor 50 Ton How $120.00 Thick Mounted Winch Tow Truck Hour S90.00 Vacuum Tnxk/Jener 3500 Gallon How $350.00 Haulbrs Vehkha (Operator,)W maintenance included9 Dump Truck 5 to 15 CY How 555.00 Dump Truck 16 to 24 CY Hour 570.00 Dump Truck 125 to 34 CY Hour S75.00 Dump Truck Trailer Dump w/Tractor 35 to 44 CY How 580.00 Dump Truck Trailer Du w/Tractor 45 to 54 CY How $85.00 ON=Truck railer Dum w/Tractor 55 to 64 CY How $95.00 Truck railer w/Tractor 65 to 74 CY Hour S105.00 Truck railer w/Tractor >75 CY Hour $115.00 Floor Trailer w/Tractor 100CY Hour $125.00 rritlon Vehicles (Operator,jue4 maintenance included) Truck 12 Ton How $120.00 AshBri t.Ire. Hourly/Daily Rate Schedule Exhibit "B" Personnel,Equipment and Materials (Emergency Push/Other Services) Price Schedule City of Parkland,Florida Service Deserl tion Size or Type Unit Unit Price Pickup Truck,Extended Cab 3/4 Ton, Ext.Cab Hour $140.00 Pikup Truck,4x4 4x4 Hour $150.00 inzPicku Truck 1 Ton Hour $155.00 Box Truck 3/4 Ton Hour $220.00 Passenger Car Full size Hour $110.00 20'Response Trailer 20 Foot Hour $195.00 36'Response Trailer 136 Foot Hour $235.00 Flatbed Trailer N/A Hour1 $190.00 Transporrarkn Vehkle (Operator,fuel,maintenance MI included,loaned vehicles, insurance included) Pickup Truck 1/2 Ton Da $65.00 Pickup Truck 3/4 Ton Da $90.00 Pickup Truck 1 Ton Da $110.00 Box Truck 3/4 Ton Da $105.00 Utility Van 3/4 Ton Da4S58.00 Passenger Van 9 Passenger Da Pass Car Full size DaRes Trailer 20-30Foot DaPersonnel Project Coordinator erations M individual HourProject Su isor with Track Individual HourSu rintendentwith Truck Individual Hour Foreman with Truck Individual Hour $79.50 Inspector with Vehicle Individual Hour $42.50 Health/Wety or QC Manager with Pickup Truck Individual Hour $75.00 SafetySuperintendent Individual Hour $60,00 Mechanic with Truck and Tools Individual. Hour $80.00 Climber with Gear Individual Hour $85.00 Operator with C'hainsaw Individual Hour S55.00 Laborer with Tools Individual Hour $30.00 Traffic Control Personnel Individual Hour $30.00 Ticket Writers Individual Hour $35.00 Survey Personnel with Vehicle Individual Hour $35.00 Project Engineer Individual Hour $75.00 ui ant for Individual Hour $55.00 Truck Driver Individual Hour S45.00 Administrative Assistant Individual Hour $42.50 Clerical Individual Hour $35.00 Field Hazardous Material Mansger Individual Hour $115.00 Haz Met Containment Area Supervisor Individual Hour S85.00 Haz Mat Containment Area Foreman individual Hour $70.00 Field Haz Mat Technician Individual Hour $60.00 Haz Mat Containment Area Technician Individual Hour $60.00 Field Project Supervisior Individual Hour $75.00 Field Project Foreman individual Hour $55.00 Project Geologist Individual Hour $79.00 Project Chemist Individual Hour I $79.00 Regulatory Manager Individual Hour $115.00 Asbestos Abatement Supervisor Individual Hour $69.00 Asbestos Abatement Worker Individual Hour $59.00 Asbestos Inspector Individual Hour $55.00 Marine Resource (Fuel,maintenance included) 56'Shallow Draft Landing Craft with Crane lCrew of 2 jDay $7,850.00 Asharia,Inc. Hourly/Daily Rate Schedule Exhibit"B" Personnel,Equipment and Materials (Emergency Push/Other Services)Price Schedule City of Parkland,Florida Service Description Size or T Unit Unit Price 33'Fast Bam with Winch Crew of 2 Day $4,725.00 14'Utility Boat with Motor Work Boat With Crew Da $475.00 IT Utility Boat with Motor Work Boat With Crew Day $210.00 12'Utik Boat without Motor Work Boat With Crew Day $150.00 Tank Diver with Gear Individual Hour Incident Specific Hardhet Diver with Gear Individual Hour Incident Specific. Scuba Bottle Refill Air 80 Each $30.00 Air with mufti breath' lines Brownie Da $450.00 MbeeUaneoae B 8001ent (Fuel,maintenance included where applicable) Li t Tower w/Generator INY $75.00 j Office Tea 40 Foot Da $195.00 Sto a Container 40 Foot Da $95.00 Portable Eyewash Station OSHA Spec Day S35.00 First Aid Station OSHA Spec Da $125.00 Portable Toikn Port a John Sine Week S210.00 Observation Tower USACE Spec lEach 1 $3 500.00 Ath8ft. Inc. Houdyroasy Rate Schedule Exhibit "B" Emergency Drinking Water and let Supply Price Schedules Drinking Water 8.45 OZ.(250 mL)Units- 27 Units/Case(9 x 3 Packs/ease) 35 Cases/Pallet cam Pallets ice Per Uni Per Pallet 135-673 1-5 1 8.55 $ 0.32 S 1,154.05 810-1350 6-10 S 8.30 S 0.31 S 1,120.84 1485-1500 11-20 $ 9.12 S 0.30 $ 1095.93 1 Liter(1000mL) Units- 12 UniWCase 75 CasestPallet cases EALI= Price/Can Per Unit Per Pallet 75-375 1-5 $ 9.78 S 0.91 S 733.39 450-750 6-10 $ 9.35 $ 0.78 S 701.10 825-1500 11-20 $ 9.10 S 0.76 $ 692.65 Note: Prices are F.O.B. Miami,FL or West Palm Beach, FL. ice Supply Raze: Cost plus 23%. Note:To be determined,pending FEMA negotiations with national vendors. iAsh8ri t.Inc.I Optimal Services Price Schedule A-Water los Exhibit "B" Emergency Power Generation Price Schedule Units Per Day(24 bra) Per Week 25 kW Generator $ 638.00 $ 2,056.00 56 kW Generator S 1,032.00 S 3,927.00 00 kW Generator $ 1,600.00 S 6,298.00 175 kW Generator $ 2,196.00 S 9,050.00 250 kW Generator $ 2,721.13 S 10,711.05 320 kW Generator $ 3,039.00 S 11,761.00 500 M Generator $ 3,750.00 $ 13,812.00 800 kW Generator $ 6,304.00 S 21,535.00 1000 kW Generator S 7,609.00 $ 25,897.00 1500 kW Generator $ 8,870.00 S 30,172.00 'Additional equipment rates available upon request. Notes: 1.Transportation charges not included. 2.Cables and distribution boxes not included. 3.Minimum usage charge of 1 day. 4. Includes installation,service and maintenance. AshOritt,Ina I Optional Servicas Prim Stdwdule C-Generators Exhibit "B" Emergency Fuel Delivery/Management rrice Schedule ItemIF4aipment Description Rental/LaborRate Unit 550 gallon dual wall tank Portable Storage Tank(Secondary Containment) $93.75 Per day LOW gallon single wall I tank Portable Storage Tank $106.25 Per day .000 gallon dual wall tank Portable Storage Tank(Secondary Containment) 5118.75 Per day ,ON gallon or grcater tank Portable Storage Tank $187.50 Per day 12 Voh Fill-Rite Pump Fuel Pump 13 GPM,includes nozzle $25.00 Per day Portable Tank Delivoy/Pickup Delivery/Pickup Charge S 187.50 Per hour Portable Tank Cleanout Fee Cleanout of portable tank(if required) $500.00 Per service Truck with Man Transport Truck wArailer or Bobtail Truck $227.50 Per hour* Fuel Tank Trailer Only 7,500 to 8,500 gal capacity 5750.00 Per day Mobile Fuel Station 12,000 Gal capacity on trailer 5218.75 Per hour' Frac Tank 20,000 gallon Sac tank $250.00 Per dry Labor Mao to operate fuel station or fuel vehicles $93.75 Per hour Note:Additional Storage Tanb ranging jrom 250 to 20,000 gallons are available upon request •Requires 24 hour minimum Item Description Purchase Price Uoh Fuel GmolineDiesel/AvietionFuel Coal+S0,74 Per gallon Note:Rental/Labor Rae begins when equipment or labor leaves the facility and ends upon its return to the same facility.Reasonable lodging expatse may apply. Description of service: A selfcontained generator powered system designed to meet the emergency fuel response Dads of government and commercial entities.This unit combines high volume fuel dispensing capabilities along with maximum portability features. Features: -Total fuel storage capacity-12,000 gallons(One 1 OK tank and two IK tanks) -Turks are dual walled(secondary containment)&are Fiameshield NFPA 30 rated. -Mounted on a 53'drop deck trailer :ix high volume iLegng points with hoses on reels Fueling points have mete regislera -Grounding cable for vehicle m funding •20K W diesel generator -Lights for night fueling -No special transportation permits required -Equipped with spill response kits. -Air compressor -Lubricants storage tank with dispenser Note:Units subject to availability. Ashland,Inc.I Optional SeMae Price Schedule D-EmsraFusl Exhibit`Br' Emergency Satellite Telphone/Communication Services Price Schedule Satellite Phone Service Rate Unit Per Satellite Phone _- SI00.00 Per week I Cpt�er�Fwne _---. $2.00_Per minute Satellite Internet Internet Service Sefj-Contained rroiler Equipment Duration Monthly Cost 3 month _ S4,91L5 6 month _ __ _ M 683.85 9 month _ SZi53.85 12 month _ 51,223.95 &mdwukh Service Monthly Cat Disaster Response 52,028.27 Bandwitdth Service Contention Upload(Kbps) Download(Mips) VolP lines Users Disamir Response 10 768 2 6 10 to 20 Description of services: Se(!•catmined hnNerauto deploy This unit was designed to be a self-contained mobile unit that is weatherized. This unit is ideal for businesses that need ultimate mobility with rapid deployment. The fallowing equipment comes standard on each unit: 4'x 6'enclosed trailer 9,000 watt electric shin generator Andrew Smart-Ad 3 watt 1.2 meter auto deploy satellite earth station VSAT 3100 internet modern Momenta HotZone Duo Mesh Wireless Router(M WR) Universal power controller battery backup Se6Pwmtmned"Mer mounted This unit was designed to be a self-wnuined mobile unit that is weatherized. The following equipment tomes standard on each unit: 4'x 6'enclosed ha 4'x 6'enclosed trailer 9AW watt electric 9,000 watt electric start generator Andrew 4 wan 1.2 Andrew 4 watt 1.2 meter satellite dish VSAT 3100 intern VSAT 3100 internet modem Motorola HotZone Motorola HotZone Duo Mesh Wireless Router(MW R) Universal power a Universal power controller battery backup The following services are available within the program: Broadband Internet Canopy Networks • V*lP Telephone and Fax Cell Phone Repeaters Each satellite unit will be equipped to provide wireless;broadband internet. The units are scalable so that additional wireless acaaa points can be added. Each unit will have sufficient bandwidth to easily support 15 concurrent intemet users from the base system. If necessary,additional units can be brought in to support a larger camp popuiation• Voim-om-interne[protocol("Vo1P')telephone and fax service will be available as an optional service with each satellite unit. ^'his service can handle one to eight voice lines per unit. Cell phone repeaters for Nextel and Cingular networks are also available an optional item. AehW Inc,I Optional services Pap SchurW E3595ma Exhibit "B" Temporary Office Trailers,Mobile Command Center Price Schedule Single Unit Dimensions: Width-8', Unit Length=20' :a[Rory Rate Unit Setup Fee: S 1,414.50 One time Single Unit S 491.52 Per month Single Unit Dimensions: Width-8', Unit Length-28' ! Category Rate Unit Setup Fee: $ 1,574.40 One time Single Unit S 600.32 Per month Single Unit Dimensions: Width= 10,Unit Length=24' Category Rate Unit Setup Fee: $ 2,097.15 One time Single Unit S 760.32 Per month Chemical Toilets Price Schedule Description Rate Unit ',M-o-Ict(per unit) S 1,451.40 Per month on-o-lat(per unit) $ 52.50 Per day Note:Includes delivery/set up,daily service,equipment rental,and pick up/breakdown AshBritt,Inc.I Optional Services Price Schedule F-Trams POJs Exhibit"B" Emergency Pumping Units Price Schedule De:scri tion Rate Per Da Rate Wer Hour) 4"Tntsh Pump Pac tS� _ S _ 1,099.05 S __90.75 6"Trash Pump Ptu3cage — — _S 1 654.85 S 137.90 "Hydraulic Pump with Power Pack ——- S 1,216.70 S -- ! 101.39 8"Hydraulic Pump with Power Pack - S 1.818.15 $ 151.51 Notes: 1.Transportation charges not included. 2.Includes suction and discharge hose. 3.Minimum usage charge of 8 hours. Aah8ra61ne,I Optional Servicea Price Schedule 6-EmwgPumpa Exhibit "B" Drying In, Decontamination, Mold Remediation,Restoration Price Schedule CotegorkilDescriptions abor Unit Rate rotect consultant(PC)_-_- Hour $156.00 Project Executive(PE) - Hour $125.00 Proj :t Manna a - Hour $75.00 Health&Safet�Officer(HSO) ---- --- - How - $75.00 j Techmical Specialist(Superintendent)(TS) Hour $69.00 Drying Technical(DI) _ -- - How 569.00 ui ment Operator(EO) - -- How _ 556.00 j Remediation Worker(R W) -- - -- - How S47.00 General Labor(GL) -_- - - ----- How $36.00 Field Auditor(F-Ate- __ How $50.00 SuppllWConsumables Unit Rate Adhesive Remover _ Galion $96.00 Anti-Microbial Coating Gallon $81.00 Anti-Microbial Disinfectant(Concrete Pre Mixed) Gallon $5.00 Anti-Microbial Disinfectant(MicroBan RTU) Gallon $56.00 Bags,Trash Roll $94.00 Bags,Trash Environmental _ Roll $106.00 Box,Storage Cardboard _.-- - Each S9.00 Brush,Long Handle/Scrulb -- Each $11.00 Camera(Disposable,27 exp.includes development) Each $37.00 Claner,General and all purpose_--..---- -- Gallon $30.00 ner,Clea Electronic Grade Gallon S63.00 Decontamination Unit, Disposable - Each $418.00 'uct,Lay Flat(500•) - - _ -Roll $469.00 eel Gallon Cost+23% NeWye Air Filters(Prefilters) - Each $4.00 Negative Air Filters(Pleated) Each $8.00 Negative Air Filters(Main HEPA) - Each $225.00 Poly Sheetin&Fire Retardant -- --- Roll $125.00 Poly Sheeting,Reinforced- -- - -Roll S 188A0 Raga,Cotton Cloth --- Box S63.00 Respirator Cartridges,Negative Pressure(Half-Face) Pair $13.00 Res 'uator Cartridge,PAPR(Full-Face) Each S16.00 SPMY Bottle w/Trite- --- - Eacb 54.00 SPMYue -- - - Can $3.00 Sp2npa,Soot Abscrbtion ---- ------ ___ Each $3.00 Suit,Disposabk _ -- �.-Each S3.00 Suit nnmk --- - - -- --Each _ S8_00 TOPS,Uoot---- -- - - - - Roll _- $7.00 Terry Wipes Pound $9.00 Towels ` - --._..------,__-_- Case -- $38.00 AshBM, Inc.I Optional Services Price SeWule H-RastoraSrva Exhibit "B" Drying In,Decontamination, Mold Remediation,Restoration Price Schedule Caiegories/Descriprions Trying Equipment Unit Rate ehumidification Unit(50cf n.I00cfm) Each 22 $91.00- Dehumidification Unit(Ilocfm-2oocfrn)_ --- - -- Each 5149.00 Dehumidification Unit 0cfm-300cfm) -_ Each $175.00 Dehumidification Unit(500cfin 600cfm -' Each $382.00 Dehumidification Unit(IOOOcfm)_ Each $667.00 ---------- Deburnidification Unit(200kfm-2250cfm)_____ _ _ ____ Each $1,289_00 Dehumidification Unit 3500cfin) - Each S259.00 Dehumidification Unit 4500c5n-5000cfm) --- Each _$356.00 Dehumidification Unit(6000cf n) - - -- _ `- Each $453.00 Dehumidification Unit 8500cfn) -- -- Each $1,133.00 j Dehumidification Unit(15,000cfm - - Each $324.00 �----- - - Miscellaneous Equipment Unit Rate 40 Ton AC Unit - Each $1,049 00 100 Ton Chiller Unit - Each $l 15900 20D Ton Chiller Unit- - -' Each $ Air Compressor(110 psi) 9.00 -- Each_ 91 919.00 v A Compressor(125 Qsd_ -.. Each $220.00 A Mover - --- Each $32.00 Buffer,Floor -- -- Each $39.00 Cart,Tilt/Demolition _ - -- - Each _ $26.00 Dolly,2-Wbl/4-WhVDrm/Whlbr --- Each $6.00 Electrical Dist.Panel(Spidery - - Each $71,00 Electrical Kit Ext Cord GFI,S_urge Protector - Each _ S6.00 -rtraction UnitiPortable) - '- Each $162.00 .xtraction Unit _railer) --- Each $583.00 Filtration Unit Each $32.00 Fire Extinguishe _ -- -- Each _ S5.00 First Aid Kit_ _ -_- Each ___ $3.00 Floor Kit(Mop,Bucket,Broom,Rake,Scraper,Wrecking Bar,Etc. Each S16.00 Fm ht Each $4.00 HEPA Fihtration Unit 1( 0,000cfin)�- Each _$389.00 HEPA Filtration Unit 2( Dwcfm) - Each - $123.00 Light,Portable _ -- Each 23.00 Light,Stand - - -iEach $ 3.00 Light String - - - -- Each $19.00 -- --- -- - Mobile Commando Center Each $576.00 Ne 've Pressure Recorder --- Each $65.00 Ozone Machine Each $155.00 Power Hand Tools(Sawzall,Circular Saw,Drill etc. Each 513.00 Ewnp,Small -- Each- $52.00 Each S175.D0 tru017,14S ive Pressure Half Face) Each S&DO Respiruor,PAPR(Full FacL Each $32.00 Radio,Job Site Each $13.00 Shower/Wash Station S Airless Each $19.00 -�-- - -------- --- -- - ------- Each S84.00 Thermallinage Camera Each S65.00 Trailer ------- _ --- -------- _-__- -._.-Each_..-. $149.00 ado,24ft- - -- - --._._..,---- Each .tick,Pick-Up- - --- Each S84.00 MharIlt, Inc.I Optional Servim Price Schedule ti-RestoreSms Exhibit"B" Drying In, Decontamination, Mold Remediation,Restoration Price Schedule Cetegorles/Deser4gions - , t - --- — ---.._.--- -- -- - Truck_Water Extrac—tion— ------ -- Each $259.00 --SyL__. Each S32.DO — — - -- -- Vacuum,HEPA Each _ 597.00 Each $123.00 Vent(Wall Cavit�Drymg(Tort Each S453.00 Wall kit_Ladder,Fail Protection,Knives,Etc.j Each $13.00 Washer Hi !—Pr—es-su._r.e 5,00-0 I Each____5227.00 Washer,High Pressure 20,0.00-40,000 psi) —- --- — —Each TDB Washer,HOTSY ----- Each $259.00 - Notes: 1. Work performed utilizing these rates shall be performed pursuant to the predefieed Scope of Work being agreed to by both parties and any applicable Change Order contract modification being completed. 2.Price. Work performed hereunder shall be priced as indicated in the AshBritt Rates,Plus any applicable nixes. ' I A.AshBritt will invoice the customer weekly for services rendered in accordance with the AsbBrttt rates.Customer agrees to make payment to AshBritt within 15 days of invoice. B.The balance of AshBritt's fees and charges for the performance of the Scope of Work will be paid within 30 days from the Customer's receipt of the final invoice from AshBritt. 3. Invoicing and Payment AahBrin shall submit to Customer itemized invoice(s)setting forth the total amounts due in accordance with the Rate Schedule for services utilized in performance of the Scope of Work.If payments are not received timely,Customer agrees to pay all costs of collections up to and including court costs,reasonable attorney's fees and interest charges at the lesser of 1) 1.5%per month,or 2)the maximum lawful interest rate.No retainage will be withheld from payments. 4.Overtime Rates.Customer agrees that overtime rates will be billed by AshBritt and paid by customer based upon mitlament of employee notwithstanding where initial 40 hours,or any part thereof were worked by employees for .shBritt on other projects. 5.Responsibility for Payment Customer agrees to make payment to AshBritt for services rendered hereunder in the amounts and on the terms specified above,regardless of whether Customer is entitles to reimbursement for such costs from Customers or from some other person's or entity's insurance carrier or any other source. 6.Best Efforts.AshBritt and Customer acknowledge that the property which is the subject of the Work may have been involved in a fire,flood,or other catastrophe.AshBritt will perform the Work on a"best efforts"basis,bar cannot,and therefore does not,guarantee or warrant that any of the property will be operational or free from defect following completion of the Work. 7.Causes Beyond Control.If any circumstance or event which is beyond the reasonable control of AshBritt delays the performance of any of AshBritt's obligations under this agreement or makes any of those obligations impossible to perform,AshBritt will not have any liability for that delay or non-performance. S.Consents and Permits.Any federal,state,or local permits or consents required for the performance of the Work are the responsibility of the Customer;provided that,if made a part of the Work,AshBrlu may obtain such permits and consents at Customer's expense. Both AshBritt and Customer will comply with all applicable governmental regulations,statues, laws and ordinances. 9.Disposal. Disposal of any Hazardous Material(including specimens or samples)or any property that contains Hazardous Material,removed by AshBritt under this Agreement will be in the name of the Customer and under any applicable generator number or other identification assigned by the Customer. AshBritt,Inc. I Optional Services Puce Schedule H-RestoreSrn:s i Exhibit"B" Drying In, Decontamination,Mold Remediation, Restoration Price Schedule Canorks/Descriptions 10.Indemnity. Each parry agrees to indemnify and hold harmless the other party hereto and the other parry's nareholders,directors,officers,employees and agents,from and against any and all claims,demands,causes of action and liabilities of any nature,whether for damages to property,and/or the conditions to which theContract pertains,to the extent that any such claim,demand,cause of action and/of liability is attributable to the breach of Contract or other fault of theindemnifying party.Customer on it's behalf and on behalf of including but not limited to Owners,Management Companies,Tenants and Occupants indemnifiesAshBritt against loss or damage to personal property and/or content during the performance of services within the areas of remediation. 11.Confidential Information.A"ritt and Customer mutually agree to maintain in confidence and will not,directly or indirectly disclose or use,either during or afterthe term of this Agreement,any proprietary or confidential information belonging to the other party,whether it is in writing or permanent form,except to the extentnecessary to perform the work until such time as said information has become public knowledge. 12.No Consequential Damages.No party shall in any action or proceeding or otherwise assert any claim for consequential damages against any other parry to this reasonable attorney's fees and court costs,Contract on account of any loss,cost,damage or expanse which such party may suffer or incur because of any act or omission of any other party to this Contract orits agents or employees in the performance of a parry's obligations under this Contract,or any other cause of action(including negligence)arising out of or relatedto transactions in connection with this Contract,or otherwise,and each party expressly waives any such claims. 13.Labor Considerations. A.The labor rates stated above are per hour for the first 40 hours worked(or 8 hours a day in California or where mandated by prevailing wage requirements)in a week beginning on Monday. B.Labor rates for work performed over 40 hours in a week(or 8 hours a day in California or where mandated by ,revelling wage requirements)will becharged at one and one-third(1-1/3)times the stated hourly rates except where Alective bargaining agreements or prevailing wage requirements mandate premium time to be paid Saturday,Sunday and Holidays. In such an event,one and one-third(1 • 1/3)time the stated rates or the multipliermandated by prevailing wage requirements shall be applicable. C.Travel time will be charged,at stated hourly rates,when employee lodging is more than 50 miles from the project location or when emergency conditions exist that result in one way travel time of 60 minutes or greater. In either case,a minimum of one hour will be charged per individual,each way. D.All documeated costs for other applicable travel costs(airfare,rental cars,cab fare,etc.)will be reimbursed to AshBritt at cost plus 100/6. E.Per than and lodging will be charged at a rate of SI00 per employee,per day for all employee classifications F.A minimum surcharge of$25 per hour will be added to the stated rates for any employee classification whereby their trade is covered by a collective bargaining agreement,or for any employee subject to prevailing wage rates. G.A Remediation Worker(RW)is defined as a person who utilizes a respirator to protect himselfYlwrself from the potential exposure to any hazardous substance,including nuisance dust. H.Warehousemen and drivers supporting the on site work activity will be billed at the General Laborer rate. 14.Equipment Rental Considerations. A.Unscheduled Rental Equipment and Consutnables.For equipment and consumables not listed that is rented for the project by AshBritt the rate invoiced to the Customer will be the rate charged to AshBritt plus 10°/a+ 10%. Freight is excluded. B.Unscheduled Purchased Equipment.If special equipment not listed above is purchased for the project the daily rental will be 5%of the purchase price. AshBrat,Inc.I Optional Services Price Schedule H-Rest"Srves Exhibit"B" Temporary Warehousing Price Schedule Option I Storage Containers description Rate Unit 0'Conex Box $3,000,00 Per month 20'Conex Box $2,000.00 Per month Note:Transportation not included. Option 2 Fabric Structures(Reinforced) Description Rate Unit 82'w x 98'I, 10'side,23'peak Structure $13,603.80 First month AshBrkt,Ina Optional SerAcss price Sd*"I•Te nglNanhouse Exhibit"B" Hazardous Materials General La1 --t Price Schedule Title Level Abbr, Rate Unit P�ect Manager _ Upper Level ULM_ $200.00 Per hour Mid_Level M__ alter — _ Middle Level MLM ______5155.00 Per hour _ rofessional Upper Level ULP $145.00 Per hour Middle Level MLP 5110.00 Per hour ___.—__ Lower Level LLP___ $85.00 Per hour _ Technical Upper Level ULT $97.00 Per hour Middle Level MLT $70.00 Per hour _ _ _—._ Lower Level LLT $50.00 Per hour Secretan VClericel — ----S65.00 Per hour-- m nt era[or — --—— $65.00_Per hour — Laborer _— ---- 540.00 Perhour Per diem --- --- —_S 135.00 Per day — I AshBritt, Inc.I Optional Services Price Schedule d-HazM*Ubor Exhibit "B" Hazardous Materials Equipmeot/h..terlals Price Schedule Deseri tion unit Rate 2500 Illon Pol Tank - -- -------- Day $111.00 Absorbent Boom begs Each $132.00 .bsorbant Pads-boxes - -- --- - - Each -- _$139.00 A.irCompresor185cfm - - - - -- Dam_ 5130.00 Air Compr or Small -- - Dom- - $63.00 Airsampy Vacw_mPump ----_---- Da _ $37.00 Bladder Pump- - --- Day S99.00 Each $44.00 Centrifugal Perm/Hoses--- --.-- - - - - Dam S68.00 Chain saws Da $78.00 Coil Rope -_-- ----- _ - - Each $37.00 Concrete Saw - - - Dap- - S71.00 Conductivity,ph,thermometer Set - - De _S30.00 Commninated Material-total tons Tons Cost+23% Core Drill w. 6-bit - _ - _ $146.00 Data o with Transducers - Da $I88.00 Disposable 1 micron Filter Each $26.00 Dissolved Oxygen Meter _ Da $47.00 Double Ring InBhrometer Da $36.00 Drum Roller compactor -- - ----- Hour^ $169.00 Electric Hand Tooh(drill,saw,sander etc) - Ea/ _ S 16.00 Expbsimeter ____ Da $32.00 Gas Chromstog 914 portable - - Dam S498.00 Ground Penertrating Rader Day S1,039.80 Da $14.00 Hand Tools per employee - -- Da $32.00 rarbour Boom _ _ 1Vda_ $3.00 Pressure Steam Cleaner Doy $193.00 Mini Excavator Hour $58.00 IN Water probe _ __ Da S50.00 OVA _ _ Day $203.00 Plate Comp-actor -- - Da _ $127.00 Ponsr Dredge sa!ngr - -- - Dam _ $68.00 Portable Light stand - -- - - _- Da _ S63.00 Portable Srapler(Peristaltic pump) Day $68.00 Safety EquL !Level C -- Day - $78.00 Safety Equi anent Level D - -- --- Day $156_00 Sedmsatt Sampler _ Dey $40.00 Da $780.00 $58.00 Teflon Bailer - -- - --- - Sl 1.00 Tei Tubing_- --- - - -. Foot - _ $4.00 Tn 5c control Vests cones barriem etc Da 586.00 $42.00 Visqueen-Rolls Each S136.00 Water level indicator De $48.00 Well and Well screens Each - - Cost+23% Well Pointlnatall Each Cost+23% WellPoint Rental - -- -- - -- --- Cost+23% workboat w/o motor rF� 5130.00 YSI Meter/Multi meter S130.00 rsortal Protective Equip_Level A(Dupont PS562T� t 5895.00 _rsonal Protective Equip_,Level BjDuportt R31237) - t $395.00 Asharitt,Inc.I Optional Swvlws Price Schedule K-HarMatEqub Exhibit "B" Haaardous Materials Equipnnent,�4aterials Price Schedule Descri tion Unit 7LS210.00 Personal Proteaive Equi�Level CiDDupont C2127T -- - Per Unit $ 00 ------------ --ascade Air Filtration PanelDay0-- -- -- - 00irline Respirebr peY00Hi Hazard Personnel Deccontamination P� Per Kit0Low Hazard Personnel Decontamination Per Kit0Personnel Retreival�stem _ - I)a 0Personnel Retreival Harness Da� 0Combustible Gas Indicator Da0 Toxic Gas Detector --_ _- - - $150.00 PhotoionizationDectector - paw- $110.00 ml Haet Kit _ - Da $325.00 Hand Auger, Stainless Steel - --_--- - - Day 520.00 Hand Operated Transfer Pump 565.00 1"Diaphram Pump')___ -_-- _ $123.00 2"D' hram Pump (2") $160.00 2"Diaphram,PUMP S.S. "S.S - - JD� 5275.00 3"Diaphram Pump (3') $250.00 6"Dm�ihrem Pum 6� SI,280.00 1"Suction or Disc ,00 2"Suction or Discharge Hose (2") - S70.00 3"Suction or Discharge Hose 3" 6"Suction or Disci Hose(")--- - - Da $145.00 2"Chemical Suction or DLwe� Hose (211) -- ---- _ $140.00 3"Chemical Suction or Discharge Hose (3") Day 5180.00 6"Chemical Suction or Discharge Hose (6") Day $650.00 `iesel Powered Generator 60-80kw ---- Day $245.00 .tectrical Cord Station 50 _ - Da _ $35.00 S ike Bar - - Each $40.00 Alrlesss rey(Whh opere�- ---- - D 5275.00 Pressure Washer(Withoperator) --- Da - $255.00 Waterhose Section Garden - - Each -_$35.00 Ctjt[ATorch(Withoperator)_--- -Day $175.00 Wile WeIder(with operator) $225.00 Air Blower Wittlo retor - Dam- $175.00 HEPA Vac (With operator Da - $480.00 Barrel can _ --..--- Day $15.00 Wheelbarrow ---- - - Day $15.00 Traffic Control Vest,Cones,FIaBg Barrels,etc _-_ - Dam- $225.00 Drillw/Hits - -- Day-_ $40.00 Grounding Cable and Rod - -_.--- ��_- -.._ $15.00 Circular Saw Dam_ $30.00 -- - --..-.-- ----------....------.. ..-.._-,. Hand Tool per employee•(shovels,brooms etch --- Da $30.00 Tool Kit�Hammers,Pliers Screwdrivers--- Wresch Kit(Bung wrench,spee d,etc -- - --- -- .-- $45.00 - - - -...Z-- -- - - I- E-ach - . _- $25,00 Ste l wider Extension Ladder __ 511.50 Pbot hie i ment $I25.00 Level A Suit her R er $800.00 it (Kappkr sponder) a350.00 wel C Suit Ka kr R nder Each $225.00 vek Coveralls tDuPo $25.00 AahBritt,Inc.I Optional Swvkm Price Schedule K-HazMalEquip i Exhibit "B" Hazardous Materials Equipment/1._rterials Price Schedule Descri tion Unit Rate Proshield (DuPontNG127s Each $85.00 SaranSX(DuPont SL 127TD' - - Each __ $95.00 acid Suit Each $95.00 Rain Suit_---___- ---._.---- --- Each - - 535.00 Neoprene Gloves,Pau_ Pau _ _ $12.00 Nitrite Gloves Pav - -_.-- - -- - - Pair 58.00 SilvershiedGloves - - - Pair $12.00 PVC ____ Pair $7.50 Cotton or Latex Gloves -_ Pair $8.50 Leather Work Gloves --- - - _ - Pair $12.50 PVC Boots Haz Mat --` it ____ IN Pair- Patr_ S32.50 Boot Covers - - -----_--- Pair 515.00 Hearin Protection --- ----- - Pair ag.tio Detector Tubes -- $19.00 Pier _ $25.00 -- $15.00 Res irator Avline 50'Section S175.00 Res irstorCartridges $33.00 Handheld Radios $75.00 5"x10'Absorbent Boom-Petroleum(CEP-WB510 Bale of $105.00 S x10'Absorbent Boom-Petroleum(CEP-WB810) - Bale of _ $155.00 3"x 12'Absorbent Boom-Universal(CEP-HAZSOCIO) _ Bale of 4 $70.00 Absorbent_Pads Bundle-Petroleum (CEP-WPIOOH or equal) Bundle $87.50 Absorbent Pads Bundle-Universal(CENCIPPIS or equal) Bundle $132.50 Oil D Cry( EP-FLAB50 or ec ual B �Ib $15.00 Peet Moss (CEPEMORB or _ B $35.00 ��------ enniculite (CEP•VERM4 or egwq ____ $30.00 xia Ash Bag (CEP-SODASH or equua,l�- Bad- _ 530.00 rG�allon 0x100 lyethlen�mil) - - Roll 547.50 0xI00�olyetlilene(6 mil) _ __ Roll _ $62.50 gs (6 mill ---- Caw _i$55.00 pe(WAI_--- _ _ Roll $6.00 on Drum Overoak CEP-1230YE ore equal _-__ Each $110.00 �- -L -- on Drum Liaers (10 mil Each _ $225.00 ntms(55 gallon) Each $55.00 n Over mk(CEP-1230YE or aquue� Each S115.00 on CEl-1237YE or equal) Each $275.00 DOT Hazardous Waste_Lables (D07�---�- Box _ 535.00 Fire Extinauiaher Each_ $75.00 Caution/Hazard T� - _--_ - --_ ----- Roll _828.00 R irator Wi es ---------- ----- Box S2_0.00 ChanT 10'roll Ka ter Roll $15.00 Note: Any other equipment used by subcontractor will be charged at Subcontractor rate plus 23% Asharitt,Inc.i Optional Services Price Schedule K-HaWstEquip Exhibit "B" BID FORM BID NUMBER 2007-07 Bidders Name: Asharitt, Inc. NOTE: Bid submittals without the manual signature of an authorized agent of the Bidder shall be deemed non-responsive and Ineligible for award. TERMS: K/A % DAYS: set as Delivery/completion: TBD calendar days after receipt of Notice to Proceed NOTE:To be considered eligible for award, ONE(1)ORIGINAL AND NINE(9)COPIES OF THIS BID FORM must be submitted with the Bid. IF'NO BID' IS OFFERED, PLEASE PROVIDE THE FOLLOWING INFORMATION: Please Indicate reason(s)why a Bid Proposal is not being submitted at this dme (return the Bid Form to avoid removal of Bidder from the City of Parkland's vendor lisdng): Variadona/Substitutions: The Bidder shall identify all variations/substitutions and exceptions taken to the Specifications in the space provided below; provided, however, that such variations/substitutions are not expressly prohibited in the bid documents. For each variation listed, reference the applicable section of the bid document. if no variations are listed here, It Is understood that the Bidder's Proposal fully complies with all terms and conditions. It is further understood that such variations may be cause for determining that the Bid Proposal is non-responsive and ineligible for award: No variationelexceptions taken. Section Variance Section Variance Section Variance Attach additional sheets If necessary. Page 28 Exhibit "B" BID FORM —BID NUMBER 2007-07 NON-COLLUSIVE AFFIDAVIT State of Florida ) . )ss• County of aroward ) Terry Jackson . � being first dui sworn deposes and says that. 9 Y P Ys (1) Ha/she is the Chief Marketing Officer , (Owner, Partner, Officer, Representative or Agent)of Ashsritt,lnc. the Bidder that has submitted the attached Bid; (2) He/she is fully informed respecting the preparation and contents of the attached Bid and of all pertinent circumstances respecting such Bid: (3) Such Bid Is genuine and is not a collusive or sham Bid; (4) Neither the said Bidder nor any of its officers,partners,owners,agents,representatives,employees or parties in Interest, Including this afflant, have in any way colluded, conspired, connived or agreed, directly or indirectly, with any other Bidder, fine,or person to submit a collusive or sham Bid in connection with the Work for which the attached Bid has been submitted; or to retrain from bidding in connection with such work; or have In any manner, directly or Indirectly, sought by person to fix the price or prices in the attached Bid or of any other Bidder,or to fix any overhead,profit, or cost elements of the Bid price or the Bid price of any other Bidder,or to secure through any collusion, conspiracy, connivance, or unlawful agreement arty advantage against (Recipient),or any person Interested in the proposed work; (5) The price or prim quoted in the attached Bid are fair and proper and are not tainted by any colluslon, conspiracy, connivance, or unlawful agreement on the part of the Bidder or any other of its agents, representatives, owners,employees or parties in Interest,lncluding this affiant. Signed" led nd del in By; °. Printed Name: Terry Jackson fitness Title: Chief Marketing officer ACKNOWLEDGMENT State of Florida ) )as. County of Broward ) BEFORE ME,the undersigned authority,personally appeared 'Harry Jacks= to me well known and known by me to be the person described herein and who executed the foregoing Affidavit and adcnovAedged to and before me that Terry Jacks executed said Affidavit for the purpose therein expressed. WITNESS my hand and offklal seal this 30th day of April 2007. MADByr£WON NOTARY PUBLIC,State of Florida at Large AI WMMISSpk 04.201 sls fxwh�s;MAv a,2oto / sWftrQ*1St&ftkWA ip (Signature of Notary Public: Print,Stamp,or Type missioned) ( x) Personally known to me or ( } Produced identification Type ofl.D. Produced "personally known" ( ) DID not take an oath,or(x )DID NOT take an oath. Page 29 Exhibit"B" BID FORM BID NUMBER 2007-07 CERTIFICATION THIS DOCUMENT MUST BE SUBMITTED WITH THE BID We(I), the undersigned, hereby agree to furnish the ftem(syservice(s) described in the Invitation to Bid. W00) certify that we(l) have read the entire document, including the Specifications, Additional Requirements, Supplemental Attachments, Instructions to Bidders, Terms and Conditions, and any addenda issued. We agree to comply with all of the requirements of the entire Invitation To Bid. Indicate which type of organization below, INDIVIDUAL D PARTNERSHIP O CORPORATIONX OTHER O IF OTHER, EXPLAIN: AUTHORIZED SIGNATURE: ,' Terry Jackson AUTHORIZED SIGNATURE (PRINTED OR TYPED) Chief marketing Officer TITLE FEDERAL EMPLOYER I.D. OR SOCIAL SECURITY NO 65-0364711 COMPANY NAME: Asheritt, Inc. ADDRESS: 480 S. Andrews Avenue, Suite 103 CITY: Pompano Beach STATE: FL ZIP: 33069 TELEPHONE NO.: 954-545-3535 FAX NO.: 954-545-3585 CONTACT PERSON: Terry Jackson Page 30 Exhibit "B" BID FORM BID NUMBER 2007-07 BIDDERS QUALIFICATION STATEMENT The undersigned certifies under oath the truth and correctness of all statements and all answers to questions made hereinafter. Name of Company: Asharitt, Inc. Address: 400 S. Andrews Ave., Ste. 103, Pompano Beach, FL 33069 Street City State Zip Telephone No. ( 1 954-545-3535 Fax No. ( ) 954-545-3585 How many years has your organization been in business under its present name? 14 years If Bidder is operating under Fictitious Name, submit evidence of compliance with Florida Fictitious Name Statute: N/A Under what former names has your business operated? N/A At what address was that business located? N/A Are you Certified? Yes 0 No ❑ If Yes, ATTACH A COPY OF CERTIFICATION Are you Licensed? Yes 61 No ❑ If Yes, ATTACH A COPY OF LICENSE Has your company or you personally ever declared bankruptcy? Yes ❑ No AIf Yes, explain: Are you a sales representative X distributor ❑ broker ❑ or manufacturer ❑ of the commodities/services bid upon? Have you ever received a contract or a purchase order from the City of Parkland or other governmental entity? Yes No ❑ If yes,explain date, service/project, bid title, eto) Post-Disaster Debris Ren l a Disposal Services Current: I/l/06-5/30/07 (piggy back of Broward County) . Have you ever received a complaint on a contract or bid awarded to you by any governmental entity? Yes ❑ No X If yes, explain: Have you ever been debarred or suspended from doing business with any governmental entity? Yes ❑ No It If yes, explain: Page 31 Exhibit"B" BID FORM BID NUMBER 2007-07 REFERENCES Please list name of government agency or private firm(s) with whom you have done business within the past five years: Agency/Firm Name: Agency/Firm Name: City of Weston, FL City of Dania Beach Address: 25oo Weston Rd. Ste 101 Address:100 W Dania Beach Blvd. City/StataZjp: Weston, FL 33331 City/State0p: Dania Beach, FL 33304 Phone: Fax: Phone: Fax (Q 954)410-7269 f (954)385-2010 Contact (954 651-5031 f 954 223-2109 IB+rOand[ Kaline, Public Works Director Leo Williams, Public Works Director e:kainebewestonfl.crg e: Lwilliamseci.dania-beach.fl.us Agency/Firm Name: Agency/Flrm Name: charlotte County, Florida Collier County, Florida Address: 1BSD0 Murdock Circle Address: 3301 B. Tamiami Trail, Bldg. H City/Stata0p:Port Charlotte, FL 3394SCity/State0p:Na les, FL 34112 Phone: Fax: Phone: Fax: p 1941 - 4 L 941) 5 - 653COnta� (239) 732-2508 f (239) 732-2508 Wntact:Alan Hoibach, Main. & Ops Mgr. Daniel Rodriguez, Solid Waste Management Department e: Alan.Hoibaekeeharlottefl.com e: DanRodriguezecolliergov.net Agency/Firm Name: Agency/Firm Name: Bscambia County, Florida eravard County, Florida Address: 213 Palafox Place Address: 2725 Judge Fran Jaimison Way Building A Ste 213 City/Stata0p: Pensacola, FL 32502 City/Stat%Zp:Visra, FL 32340 Phone: Fax Phone: Fax: p (8��• +f�- 7 L 50 - 908 p (321) 633-2042 £ (321) 633-2038 Gorl Contact George Touart, County Administrator Euri Rodriguez, Solid Waste Director e: george touarteco.sscambia.fl.us a: Buripides.rodriguezebrevardcounty.us YOUR COMPANY NAME: AshBritt, Inc. ADDRESS 480 S. Andrews Ave., Suite 103 Pompano Beach, n 33069 PHONE: 9s4-545-3535 FAX: 954-545-3585 Page 32 Exhibit"B" BID FORM BID NUMBER 2007-07 VENDOR DRUG-FREE WORKPLACE Preference may be given to vendors submitting a certification with their bid/proposal certifying they have a drug-free workplace in accordance with Section 287.087, Florida Statutes. This requirement affects all Public entities of the State and becomes effective January 1, 1991. The special condition Is as follows: IDENTICAL TIE BIDS - Preference may be given to businesses with drug-free workplace programs. Whenever two or more bids which are equal with respect to price, quality, and service are received by the State or by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed If !! non of the tied vendors have a drug-free workplace program. In order to have a drug-free workplace program,a business shall: 1. Publish a statement notifying employees that the unlawful manufacture, distributlon, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse In the workplace, the business's policy of maintaining a drug-tree workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or polo contendere to, any violation of chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later that five (5) days after each conviction. 5. Impose a section on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program If such is available in the employee's community, by any employee who is so convicted. 8. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this form complies fully with requirements. i `..0 '• Aeharitt, Inc. Authorized 1919tiature Company Name Page 33 Exhibit "B" 04/19/2006 15:31 FAX 9545453585 ASHBRITT ENVIRONMENTAL 2007 *R-13-2007 14:58 4ELLS FARM INS SERVICES S61 555 55m9 P.09 8O A-D. CERTIFICATE OF LIABILITY INSURANCE visrm owes (SH) 6B6 I0p0 THNS G ATE 01gUED Ai A MATTER OF WON TIO •EI Frlyo NuurlNnNl•MrVkM SNNNIN•IIL Inc. ONLY AMD t10NFan NO RIDHTS uPON THE DERTIFICATE MOLDEA THIN OMTOWATE DOES NOT AMEND.EXTEND OR 1-.VMI Fhpiw Dow,Sine.we TER YHm covERAGE AFFORDED BY TN!POLICON olow. N Jm Belch,FL S3401-WA _ K$URER$AFFORDING OOYERAOE `NAW N N owle AIhbrA Inc. fumm&Amftkm Werne"Ml 41W GAP**m Aw PoK er.Oommem i lnamvr IuM»103 c; DERAL Els CO PDmpnnO Ig1GI1.PL 330I9 mom D. OVOAM TA poLOU OF IWr-j—AANW UW=smowmA%ft IINIIIgN MWWTCTM WaMMAIMOADVAFORTHISPOMPNOOINWAM-NOTNRTWMDINO AwY REO wawaNT,TMW cR cowm0N 0F ANY COMfRACT ppll aT1ER OO61IAlf14r wrm RErwr 10 VA CH M CMTIFIOATE MAY BE msueo DR IMY►ER7ANR TTE INQIRANCI AFF0110ED IY THE PDUCi1 DIIOR�NENIEIfi N6 W 61cT TO AL TNETERAM.PtMLWM AI C CONIXTION6OF SUCH FOLIIILI.ADORfDATE L"701NOV01 MAY HAVE Imi RMUM Ir PAID OAWA ._.. —.. i; NArls fe1eML LLMNUM eAaN ooe • 1, C•NW9NNAL NIpINWw6my PROP711133I I=211106 1/17/3007 e loL000l car�woe ix7JacaR �Nw • ADD<1 AAov fNAIAr • . UT a AOIRfOATG • • t NNL AOIM tt1YfTARWs"m UOTJ•COMNOP AOO f v Fl WC Aypre lISLOAK r pep •eq�eLw. i 1.010, AwAVrO 777M NH2mom lil2N'zm AuOAN•o;ura e •�MI�yLeo AYTOI M Amo wr0• •00RY NAMAY 0 Nn• f N044NO AVTON lNrd � rMl"A f fAmmum RNr AVfOOIA.Y•4ACCDMT f AYAlTO 4 f eAnN OeCLgUUMee f R0007f1337 N!2?lSOOi lHtTf3007 AOIRIOAtt ► /,0 oeaAN Mc,AefNMAoe •• f e O(0116TIR• 10 X IilNelllll eONPIINAnoN mo Ne�ICVNrLM�AK�m'r1 • 5310 N W2912011 etlIM 07 LL.zA•NANIc~ • s1eMel�ln•II"ITbYO�'7 cum LL.s�IUJi• e • M1f1f I UMR IN mom OTIA DRIGRIPTION dommorWall��Mlllh I4lZ/300I If3712007 •IUrnoNT FIOAT/R If[ rrm IOl A"ao IGIM• PWfDAL GPA=M 1/>ly3007 roR•MI14DIl OP i•I.Ofe ANY ONE •IoIN►NOr•rInRATOInNNooAnelO�reNeewroN►ulleNs mom•T•IOOINNINwtI P11IM PROrRON• Aftw l h•ftr is an oIMImNI Inswool wm f•np•ce NI llnwM N bft F"45444"NI E tK9 DIER MOM lll•IIL•AW OP TN•A•Orr••eCIUM POLIM PI••w•'M•efOA•TMI OlfMeloN ►/fMonA.PL 3IL—ohysmarm PINNkndONYHell , remOrfoTwlQlwp -mNcLmmmMomTaTwLm.wrVALUMToeoN•Mu one unnlonly Dr. rroK Ns orwATON ow wRUTraAwr wourow vmp*N Ol m Aow%On PnrNlarA FL73067• amesd ATIN� AINNOROpApRf••wfATM .� .-ti�AO♦ EOM Exhibit"B" 04/19/2008 15:31 FAX 9546453585 ASNBRITT ENVIRONMENTAL ®008 WK-1.1-2007 WELLS FAR30 [w SERIJICES 551 655 5509 P.10 WSJ U _ ASHOINC41 DOJO PAuei vr &IQRAL UAPIUTY: PWAAL UAlMJTY: 4ANKET ADDITIONAL NSUREDS AND WAIVERM OF SUBROGATION-0Y CONTRACT,APPLIES TO OCN[RAL UAOtUTY 1DA I*MIPD OCOLMMSLE APPLIES TO GENERAL UAWLrrY 2r -1 DlO MIRLE APPLIES TO POLLUTION 51,000,000 LIMIT-CW MS MADE COVERAGE l AN FOP.PROFUSIONAL LJAOWTY S S1.000,000 LIMT-CLAIMS MADE COVERAGE farkm Cowporostkn.W&W ►ofSubmpa"on rry peon or orSanYatlon for whom Mound porfonna work undo►a wrut.n coact VW r*Wr o Imu4ad to obtW a walwr f subn pf n In fiver of OW poison or 0190 Won.TM wmbw oarNraot swat be skt#w prlot to tM d b of the.loss courranes.Fort WC00NIS(4%4) I Exhibit"B" r���State of Florida Department of State I certify from the records of this office that ASHBRITT, INC. is a corporation organized under the laws of the State of Florida, filed on October 28, 1992. The document number of this corporation is P92000000600. I further certify that said corporation has paid all fees due this office through December 31, 2007, that its most recent annual report was filed on January 16, 2007, and its status is active. I further certify that said corporation has not filed Articles of Dissolution. Given under my hand and the Great Seal of Florida,at Tallahassee,the Ca4ppital,this the Twenty Third day of March,2007 f Secretary of State Authentication 1D:400094593854.032307-?92000000600 To authenticate this cer ificate,visit the following site,enter this ID,and then follow the instructions displayed. www.sunbiz.org/outh.htmi I i : ••-mM. - Exhib it "B„ 2 o ar= M2 a Z 0� v. la , t :1 111 Y 2:) Z J Y = tLl s a 3 y Z W Z Q ;J z A� g L qX < 4 HAS z 3 Relued Liconse Infomution Exhibit "B" 1 i^ensee •,ame: ASHISkItT INC License Number: 26117 Rank: Qualified Business License Expiration 08/31/2007 Organization Date: Primary Status: Current Original License Date: 07/14/2003 Related License Information �{ AvAi t�ai61 " ilCyrry'�q� raition yr ,wku+„ �< . , + x.r a✓w,M�^ #.r, p�'M'ri , 6, ,, P! i FkM ,aRyfr' p. rt'1l+ R t r at "+'• �. .�, ,'"^ .'. ,6(It313 Current, BATISTA, GREGORIO Primary 07/14/2003 Certified 08/31/2008. Active Qualifying General Agent for Contractor Business 1565 Current NOBLE, JOHN JR Financial 01/25/2005 Financial Officer - Responsible Business Officer 56744 Current, NOBLE, JOHN WILLIAM JR Second 07/17/2000 Certified 08/31/2008 Active Qualifying Pollutant Agent for Storage Business Contractor i tlpsdhrww.myfloridalianme /reldionLlst.up7record_aNa3&Licid-25050922I2i40074:57:tI PM Exhibit "B" STATE OF FLOM DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD (850) 4 87-1395 1940 NORTH TALLAHASMONROE STREET SEE 32399-0783 480B8 NDRIAAN INC AVE SUITE 103 POMPANO BEACH FL 33069 _arATEar►aaMA_� ACt2067134 AIM PROIIi� OnroaNPLF YB=O�TIOM Q026117 07/06/05 050004253 QUALIFIED BUSINESS ORGANIZATIONF. AAEHRITT INC (NOT A LICENSE To PERFORM WORE. ' ALLOWS COMPANY TO DoBII82NE89IF } It HAS A LICRNBED QUALZFIER.) 24 QuXur lD uN.c the prowls." oc eb.409 n. amtr.tim we.,AVQ 31, 2007 rosmawrtf I DETACH HERE Ace 2 H 7 1 3 4 STATE OF FLORIDA DEPART ONBTRUCTION IIND STRYRLICENNSINNGG BOARD SEQWto5o7o600s39 C 88 NBR - 07 0 20 5 0.30064253 1OB26117 The BUSIN888 ORGANIZATION Named below IS QUALIFIED Under the provisions of Chappter 489 FS. Expiration data: AUG 31, 2007 (THIS I8 NOT A LICENSE TO PERFORM WORK. THIS ALLOWS COMPANY TO DO BUSINESS ONLY IF IT HAS A QUALIFIER. ) 49O908a AANNDR89Ci8 AVE SUITS 103 POMPANO BEACH FL 33069 JES BUSH DIANE CARR GOVERNOR DISPLAYA&REQUIRED BY LAW SECRETARY Exhibit"B" STATE OF FLORWA DEPARTMMT OF S.IISINESS AND PROPESSIOMAL RHOQLATION CONSTRUCTION INDDSTRY LICENSZND HOARD (850) 407-1395 1940 NORTH NONROE STREET TALLAHABSEE FL 32399-0783 "TIST '� QRRSCOORIO " f Np 19 STREET PMORORZ PINTS FL 33028 sm t4 < x G>< .v < �M) �1 l: DETACH HERE, �� a �.,nhaJ�.afl A �. i. � t;y ,�'Q �YS�` l�.' WssS "t+?,f ry s�? .��•;' `��y r �p 1. � �^�� , ` ' J' r b7r F` 'a<,<�t t �{ y< '• � • r�i� .. N �°. ,y .. S A• �" fl Exhibit"B" NZ Z o e m w t LL `- N w0 0a LL 2 X z ? � a OW a + ° o � a. KN= o _ OM W ` '<9 '.uj Q o L J x + t N O LU K uj r t a •, aO � oA _ w IA4 s Q � Z e � i _........... ...- -- Exhibit"B" COUNTY Y ENMONMENTAL PROTECTION DEPARTMENT-Bblooiod Rwwcw Division MWNV Addus:115 5 Anthem Avows,Room A-240•Fort Lsuderdsls,FL 33301 854519.1230-PAX 1i54.a1661412 August 9,2008 ASHBRITT, INC. 480 8 ANDREM AVE. SUITE#103 POMPANO BEACH, FL 33089 RE:TREE TRIMMER LICENSE B418 Dear License Holder, Your company's Tree Trimmer license is enclosed. The tree trimmer license must be available for inspection at work sit"where tree trimming Is being performed. Please pay particular attention to the insert which outlines On special corldltions of your Brcward County Tree Trimmer License. Should you have any questions tegatdiog In-WW, or tree dimmer limning,please cell Knss GLlewellyn at 954-519-1466. —------ k _�fK�.D ._,..., ._. w m` f l TREE TRIMMER LICENSE W719 HxufRC3. R/3UleN j Peter t3urke � •utwwlT,i/i(•. Program Mar"ar ��AngiNA\t Atr[�W "`7M���^^'^'Y�' f �IRMOKAfYRaMw � Upland Resources f aAatso111L,.n7r tVWrQoM W ; I Tree Trimmer Contact Ntarlbers Licensing: 954-519-1456 Training: 954.370-3725 Complaints: 954-519-1409 Ust of Licensed Tree Trimmers:www.broward.ora/bio/Iicensedtree.htm JoMprr4o.irJm.J.•ea nb.r•ru. &ovoNCeuriyBowddcountyCwn JWOnvs Owl..•Wiih D.JsoaM•Mow Lisdws s•Join B,Rawsan,Jr.-its so"•Di rwsmsrmutRumw Laic wsdw wwwArowad.W9 � I �" R' ti t � =1__ __. .. '. . . 1/ �� —_ _ I\ � ` i w� 1` I,. c i is �� � _ �. �X �. � � �, '� � , ��� Y i � , �_ �� 1 . � i � � • ,i i � � .� _ _ e� ( � � ♦� � � �� �, � � �y i i � !� �-. � � . � � �� �� � �� i ;� i � � • � � �1 � � �� i� z' . \� � � r.•� �\ ,,� �� � � � J.� l �� t �` �' �� � \ r I '� � � �' n` `� `( I '. City of Dania Beach Department of Public Services 100 West Dania Beach Blvd-Dania Beach, FL 33004 •(954)924-3741 (954)-923-1109(fax) MEMORANDUM To: Mayor Albert Jones Vice Mayor Anne Castro Commissioner Bob Anton Commissioner John Bertino Commissioner Patricia Flury FROM: Ivan Palo, City Manager VIA: Dominic Orlando, P.E. Director of Public Services BY: Leo Williams, Public Services Superintendent Date: May 5, 2008 RE: Disaster Relief Services with Ashbritt Inc. Staff is recommending the approval by the Commission at the May 13, 2008 meeting of allowing agreement of a contract for Disaster Relief Services with Ashbritt Inc., for the period of one year as spelled out in the current City of Parkland Contract Resolution No. 2007-70, valid through June 20, 2009. There is no cost associated with this contract unless there is a need due to a natural disaster such as a hurricane. During last few years of active hurricane seasons Ashbritt has been very responsive and helpful in achieving the very quick clean up we accomplished and were more then able to provide whatever help we requested despite the volume of need this State required. They are the providers of this service to many Broward County municipalities and can provide us with all needed coordination and services if necessary. CITY OF DANIA BEACH Agenda Item # 7• / Agenda Request Database Date of Commission Meeting: 5-13-2008 Public Hearing ❑X Adopt Resolution ❑ Adopt Ordinance(1st Reading) ❑ Adopt Ordinance (2nd Reading) ❑X Award Bid 1RFP ❑ Presentation ❑ Continued from: 4-22-2008 ORDINANCE NO.2006-022 AN ORDINANCE OF THE CITY OF DANIA BEACH,FLORIDA,AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE LOCAL COMPREHENSIVE PLAN TO ACCOMMODATE A REQUEST MADE BY LEIGH ROBINSON KERR AND ASSOCIATES,INC.,TO REDESIGNATE FROM'COMMUNITY FACILITIES'TO'MEDIUM DENSITY RESIDENTIAL' (12-13.5 DWELLING UNITSIACRE)FOR PROPERTY LOCATED AT 4200 SW 54TH COURT,DANIA BEACH AND LEGALLY DESCRIBED IN EXHIBIT'A',A COPY OF WHICH IS ATTACHED TO THIS ORDINANCE;PROVIDING FOR CONFLICTS;PROVIDING FOR SEVERABILITY;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. Dept: Acct#: Amt: Fund: General: ❑ Water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ LU-18-06: The applicant, Leigh Robinson Kerr&Associates, Inc., on behalf of the property owner Sheridan House, Inc. is requesting a change in the future land use designation of the property located at 4200 SW 54 Court(SECOND READING). Ordinance Staff Report June 13, 2006 Commission Minutes Declaration of Restrictive Covenants Application Public Hearing Notice Location Map Mailing List Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 Submitted by Corinne Lajoie Date Department Director Corinne Lajoie Date Assistant City Manaaer Date HR Director Date Finance Director Date City Attomey Date City Manaaer Date Commission Action: Approved: ❑ Denied: ❑ Continued to: ❑ ORDINANCE NO. 2006-022 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE LOCAL COMPREHENSIVE PLAN TO ACCOMMODATE A REQUEST MADE BY LEIGH ROBINSON KERR AND ASSOCIATES, INC., TO REDESIGNATE FROM "COMMUNITY FACILITIES" TO "MEDIUM DENSITY RESIDENTIAL" (12-13.5 DWELLING UNITS/ACRE) FOR PROPERTY LOCATED AT 4200 SW 54TH COURT, DANIA BEACH AND LEGALLY DESCRIBED IN EXHIBIT "A", A COPY OF WHICH IS ATTACHED TO THIS ORDINANCE; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Leigh Robinson Kerr and Associates, Inc. representing the property owner Sheridan House, Inc., has made an application to amend the local future land use plan to accommodate for the proposed construction of 102 (maximum)multi-family residential dwelling units; and WHEREAS, the City Commission desires to approve such application; NOW, THEREFORE,BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the Future Land Use Element and Map is amended as described below: THE FUTURE LAND USE PLAN ELEMENT OF THE LOCAL COMPREHENSIVE PLAN OF THE CITY OF DANIA BEACH, FLORIDA, IS AMENDED TO REDESIGNATE FROM "COMMUNITY FACILITIES" TO "MEDIUM DENSITY RESIDENTIAL" (12-13.5 DWELLING UNITS/ACRE) FOR PROPERTY LOCATED AT 4200 SW 54TH COURT, DANIA BEACH AND LEGALLY DESCRIBED IN EXHIBIT "A", A COPY OF WHICH IS ATTACHED TO THIS ORDINANCE. Section 2. That if any section, clause, sentence or phrase of this Ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this Ordinance. Section 3. That all ordinances or parts of ordinances in conflict with the provisions of this Ordinance are repealed. Section 4. That the staff shall submit this amendment to the Broward County Planning Council for re-certification. Section 5. That this Ordinance shall take effect immediately at the time of its passage. However, this plan amendment shall not become effective until the conclusion of the process and time frames set out in Section 163.3187(3)(a) of the Florida Statutes and re- certification by the Broward County Planning Council. PASSED on first reading on June 13, 2006. PASSED AND ADOPTED on second reading on 2008. ALBERT C. JONES MAYOR—COMMISSIONER ATTEST: LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: BY: THOMAS J. ANSBRO CITY ATTORNEY 2 ORDINANCE#2006-022 EXHIBIT `A' Legal Description: Parcel A, Sheridan House Plat (Plat Book 105, Page 50), Public Records of Broward County Florida. 3 ORDINANCE#2006-022 CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT DATE: May 13, 2008 TO: Ivan Pato, City Manager FROM: Corinne Lajoie, AICP, Principal PlannerC404— SUBJECT: LU-18-06: The applicant, Leigh Robinson Kerr & Associates, Inc., on behalf of the property owner Sheridan House, Inc. is requesting a change in the future land use designation of the .property located at 4200 SW 54 Court (SECOND READING). FUTURE LAND USE CHANGE To change the future land use designation of the property from Community Facility to Medium Residential (16 units per acre). ABUTTING PROPERTIES: EXISTING ZONING AND LAND USE Future Land Use Zoning Designation Current Use of Plan("FLOP") of Property Property Designation Subject Community Facility Community Facility Residential Care Parcel (Proposed Facility 16 units/acre North 16 units/acre RD-10 Multi-Family East 5 units/acre RS-5 Single Family, ursery, Vacant South I 16/units RM-15 Vacant West 1 10 units/acre RD-10 Duplex- Based upon the FLUP and zoning designations abutting properties, multi-family residential use is compatible with adjoining development, but not at 16 dwelling units per acre. Staff will also not support an apartment building at this location. The previously approved Aqua Isles site plan has 127 units on 11 acres, which provides 11.55 units per acre. The Villas at Oak Hammock site plan had 27 units on 2.59 acres, which provides 10.42 units per acre. Staff can support 12 units per acre (13.5 units/acre if a two car garage is incorporated into each unit) subject to the following conditions, said conditions to be enforceable against subsequent property owners: 1) Dedicate park land in accordance with the city code requirements based upon the appraised value of the land as per the approved density. 2) Dedicate sufficient funds to construct physical improvements to the park in accordance with Parks and Recreation Department recommendations. 3) Acknowledge and agree to rezone the property to PRD-1 concurrent with site plan review. 4) Townhouses shall be sold as condominiums or fee simple (HOA); with rentals limited to once per year. 5) Building height to be determined by City as part of the PRD-1 rezoning/site plan process, provided no. building shall exceed 3 stories in height. Staff recommends the applicant meet with the city attorney regarding these conditions to the property so that they can be enforced against a subsequent purchaser. CITY COMMISSION PREVIOUS ACTION On April 22, 2008 the City Commission continued this item at the request of the applicant. On April 8, 2008 the City Commission continued this item to allow the neighborhood time to discuss traffic issues on SW 54 Court. On June 13, 2006 the City Commission approved the land use change on first reading with the condition that the applicant address staff comments identified above. PLANNING AND ZONING BOARD RECOMMENDATION On May 17, 2006 the Planning and Zoning Board recommended approval of the proposed change in land use designation. The Board approval was based on applicant voluntary commitment to address the above conditions. STAFF RECOMMENDATION At the discretion of the City Commission. 200 EAST BROWARD BOULEVARD SUITE 1500 FORT LAUDERDALE,FLORIDA 33301 ,lRuden McClosky POST OFFICE BOX 1900 FORT LAUDERDALE,FLORIDA 33302 (954)761-2913 FAX(954)333-4113 HOPECALHOUN@RUDEN.COM April 14,2008 i� VIA E-MAIL AND U.S.MAIL r:i f - NK8 Louise Stilson, City Clerk City of Dania Beach 100 West Dania Beach Boulevard - Dania Beach,FL 33004 Re: Sheridan(louse Land Use Plan Amendment Second Reading Dear Louise: Please accept this letter as a request to defer the above referenced item from the April 22, 2008 City Commission to the first available City Commission meeting in May. This request is being made because my client is not available to attend the April 22, 2008 meeting and he would like to be present when the item is heard. Please advise if this request is acceptable. If you have any questions or comments please contact me at your convenience. Very truly yours, Hope W. Calhoun cc: Thomas Ansbro,Esq. (via e-mail) Leigh Kerr(via e-mail) Bill Stalions (via e-mail) FTL:2642062:1 RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A. URAUS• FT.IAUDERDALE•MIAMI •NAPLES•ORLANDO•PORT ST.LUCIE•SARASOTA•ST.PETERSBURG •TALLAHASSEE •TAMPA •WEST PALM BEACH . Director Leeds commented City Attorney Ansbro would need to change the Ordinance in conjunction with the Waste Management contract. Commissioner Bertino thought if there was room, residential properties should install dumpster enclosures, if not, the contract with Waste Management should be changed to allow them to use roll outs. Commissioner McElyea agreed with Mr. Field that something should be done to keep the residential areas clean. Commissioner Castro thought this Ordinance should be passed in order to start the process and look at amending it further so other issues can be addressed. She requested Director Leeds bring back options at a future date. Joe Van Eron, 1500 SW 2nd Avenue, noted five units are considered commercial property and are not allowed City pickup, therefore they require some type of private carting. He thought the problem was in the residential areas and should be addressed. Seeing as there was no one else to speak in favor or opposition, Mayor Flury closed the Public Hearing. Commissioner Castro motioned to adopt Ordinance #2006-021, on second reading; seconded by Commissioner McElyea. The motion carried on the following 5-0 Roll Call • vote: Commissioner Bertino Yes Vice-Mayor Anton Yes Yes Commissioner Castro Yes Mayor Flury Commissioner McElyea Yes 9.4 ORDINANCE#2006-022 AN ORDINANCE PLAN ELEMENT OFFTHE LOCAL THE CITY COMPREHENSIVE F DANIA BEACH, FLORIDA, COMPREHENSIVE PLAN TO ACCOMMODATE A REQUEST MADE BY LEIGH ROBINSON KERR AND ASSOCIATES, INC., TO REDESIGNATE FROM "COMMUNITY FACILITIES" TO "MEDIUM DENSITY RESIDENTIAL" (16 DWELLING UNITS / ACRE) PROPERTY LOCATED AT 4200 SW 54T COURT, DANIA BEACH AND LEGALLY DESCRIBED IN EXHIBIT "A", A Copy FOR SEVER-ABILITY;TY;FURTHER,ATTACHED ORDINANCE;TO THIS PROVIDING 0 AN EFFECTIVE O CONFLICTS; PROVIDING E DATENG . (FIRST City Attorney Ansbro read the title of Ordinance 42006-022. Laurence Leeds, Director of Community Development, advised Sheridan House, an adolescent care facility; indicated they are planning to move the entire business to Davie and would like to change the land use designation from Community Facility to Medium Residential before placing the property on the market. He noted staff is recommending 12-13.5 units per acre, not the requested 16 units per acre, subject to the following requirements which.would be applied to • subsequent property owners: Minutes of Regular Meeting 10 Dania Beach City Commission Tuesday,June 13,2006—7:00 p.m. • 1) Dedicate park land in accordance with the City Code requirements based upon the appraised value of the land,as per the approved density. 2) Dedicate sufficient funds to construct physical improvements to the park in accordance with Parks and Recreation Department recommendations. 3) Acknowledge and agree to rezone the property to PRD-1 concurrent with site plan review. 4) Townhouses shall be sold as condominiums or fee simple (HOA), with rentals limited to once per year. 5) Building height to be determined by the City as part of the PRD-1 rezoning/site plan process,provided no building shall exceed three stories in height. Director Leeds further indicated the applicant submitted a draft deed restriction which has been reviewed by the City Attorney. He commented the neighbors in the area are concerned about traffic because of the proximity to the Seminole Hard Rock Casino Parking Garage, and staff is suggesting that the prospective developer be asked to submit a traffic study. Director Leeds indicated the Planning and Zoning Board recommended approval of the land use plan amendment, subject to the above conditions. Laura Coffy,Attorney,Ruden McClosky, advised the applicant is willing to adjust the agreement • as needed to cooperate with City staff. Commissioner Castro asked Attorney Coffy if they are planning to include the residents' comments in their proposed traffic study. She also asked BSO Chief Bryan Cowart if this street was included in the traffic study conducted last year. Attorney Coffy reaffirmed to the Commission that their traffic study would incorporate the residents' input with a view to finding a solution to the traffic problems they are currently experiencing. BSO Chief Bryan Cowart commented SW 54`h Court was included in the traffic study conducted last year and it was recommended that this street be closed just east of SR 7. He will resubmit his plan to the City Manager in the morning. Commissioner Castro suggested City Manager Pato contact Seminole Hard Rock Casino to request their participation in some of the expenses for street closures and landscaping. Mayor Flury opened the Public Hearing. Scott Stuart, 5431 SW 44 Avenue, questioned the density of the surrounding properties. He objected to the density suggested and asked if Bond money could be used for the street closure. Mr. Stuart was also opposed to a recreational park; he would prefer a passive park. • Minutes of Regular Meeting 11 Dania Beach City Commission Tuesday,June 13,2006—7:00 p.m. • Steve Goldberg, 4010 SW 54 Court, was concerned about a passive park. He felt the application was misleading. Mr. Goldberg stated he was never contacted for any study. He also thought the density would increase traffic in the morning hours. Mayor Flury advised that Chief Cowart would go out to the neighborhood and invite them to a public hearing. Victoria Fudala, 5531 SW 43 Terrace,asked if they could get speed bumps on her street. Scott Stuart stated speed bumps were old fashioned, he would rather close the street and eliminate the speeding problem. Sara Willingham, 5410 SW 43 Terrace, liked the idea of closing the area on SR 7, but thought SW 40`h Avenue would not be able to handle the traffic. Mayor Flury suggested everyone interested in this issue give their names and addresses to the City Clerk so they can be notified when Chief Cowart goes out to meet with the residents. Seeing as there was no one else to speak in favor or opposition, Mayor Flury closed the Public Hearing. Director Leeds asked City Attorney Ansbro if the zoning could be more restrictive, in terms of . density,than the land use plan designation. City Attorney Ansbro responded he believed it could be more restrictive. Director Leeds concluded by saying that when the site plan is presented and the Commission is not happy with 13.5 units per acre and want less units,they have the discretion to change it. Commissioner Bertino thought 13.5 units would be extremely tight and said he would approve a maximum of 10 units. He further requested that the type of units be fee simple, not rental units. Vice-Mayor Anton noted 40`h Avenue was a cut through street, and thought it would be difficult to deal with the traffic situation. Commissioner Castro motioned to adopt Ordinance #2006-022, on first reading, with staff recommendations; seconded by Vice-Mayor Anton. Commissioner Bertino felt we should support only 10 units per acre because we all know that we have to find a solution to the traffic and parking issues. Attorney Coffy indicated that her client would like to make sure that when the site plan and rezoning matters come back for approval, the City Commission stick to the 10 units per acre discussed tonight instead of reducing them to less than 10. Minutes of Regular Meeting 12 Dania Beach City Commission Tuesday,June 13,2006—7:00 p.m. Mayor Flury would prefer 13 units with two car garages rather than 10 units per acre with no garages. Commissioner Castro remarked we are discussing the land use change, not the site plan. The motion carried on the following 3-2 Roll Call vote: Commissioner Bertino No Vice-Mayor Anton Yes Commissioner Castro Yes Mayor Flury Yes Commissioner McElyea No City Attorney Ansbro advised the remaining items were quasi-judicial matters and swore-in all who would speak. He asked the Commission to disclose any communication they had on these matters. 9.5 RESOLUTION#2006-094 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE SITE PLAN REQUEST SUBMITTED BY ADOLFO GUITELMAN, ON BEHALF OF THE PROPERTY OWNER MARINA INDUSTRIAL PARK, LLC., FOR PROPERTY LOCATED AT 2401 SW 31 STREET, DANIA BEACH; PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution#2006-094. Corinne Church, Principal Planner, advised the site plan is for the construction of an office/warehouse facility. She added that the applicant is also providing a Lift Station on the property at the request of Broward County. Ms. Church further noted that the applicants have worked hard with staff,and no variances are required for the site. Mayor Flury noted it was a very unattractive building. Laurence Leeds,Director of Community Development, indicated it was an average building and the front of the building would be facing 1-595. He commented the applicant was aware that additional architectural detail might be requested by the Commission. Alberto Mizrahi, President/owner of the property, explained that these warehouses would be built of concrete, and would have glass windows. Mayor Flury advised that the Commission recently agreed that all new warehouses should be a little more attractive. She asked staff to work with the applicant and bring back a new design. Mr. Mizrahi did not know what was wrong with the design, however, he would be willing to work with staff to try to make the necessary changes. Vice-Mayor Anton thought the building was too plain and suggested the applicant took at other warehouses that have been recently approved. Minutes of Regular Meeting 13 Dania Beach City Commission Tuesday,June 13,2006—7:00 p.m. DRAFT pd m:(,,dare¢ILaddrawd rtau4)-d euvebp�) Name: Address: This Instrument Prepared by: Deborah M.McTigue,Esquire Ruden,McClosky,Smith, Schuster&Russell,P.A. 200 East Broward Boulevard 15th Floor Fort Lauderdale,Florida 33301 FOR PROCESSING SPACE ABOVE THIS LINE FOR PROCESSING DATA SPACE ABOVE Inm LINE DATA DECLARATION OF RESTRICTIVE COVENANTS THIS DECLARATION OF RESTRICTIVE COVENANTS("Declaration")is made and entered into this _ of 2006, by SHERIDAN HOUSE, INC., a Florida corporation, having an address of 4200 S.W. 5e Court, Fort Lauderdale, Florida, 33314 ("Declarant"),for the benefit ofthe CITY OF DANIA BEACH,a Florida municipal corporation,its successors and assigns,with a post office address at 100 West Dania Beach Boulevard,Dania Beach, Florida 33004,with the Joinder and Consent of ("Mortgagee"). WITNESSETH: WHEREAS,Declarant is the owner of that certain real property located in the City of Dania Beach,Broward County,Florida,legally described on Exhibit"A",attached hereto and made a part hereof(the"Property"); and WHEREAS,Declarant has applied to the City of Dania Beach("City")to amend the Future Land Use Plan designation of the Property from Community Facility to Medium Residential ("Application"); and WHEREAS,the City has requested that Declarant voluntarily restrict the development of the Property in connection with the City's approval of the Application;and WHEREAS, Declarant has agreed that the Property shall be subject to the terms and provisions of this Declaration as hereinafter set forth. NOW, THEREFORE, in consideration of the promises and covenants herein contained, Declarant hereby declares that the Property shall be owned,held,used transferred,sold,conveyed, demised and occupied subject to the Covena nts and restrictions hereinafter set forth, all of which deml P having upon all parties h shall run with such Property and any part[hereof and which shall be binding p p g any right,title or interest in such Property or any part thereof,their heirs, successors and assigns. FTL:1782363:1 1 DRAFT such captions,headings or titles define,limit oanyway affect the subject matter or any of the tears and provisions thereunder or the terms and provisions of this Declaration. g. Context. Whenever the context requires or admits,any pronoun used herein may be deemed to mean the corresponding masculine,feminine or neuter foam thereof,and the singular form of any nouns or pronouns herein may be deemed to mean the corresponding plural form thereof and vice versa. q. waiver. No waiver of any of the provisions of this Declaration shall be effective unless it is in writing,signed by the party against whom it is asserted and any such waiver shall only be applicable to the specific instance in which it relates and shall not be deemed to be a continuing or future waiver. 10. Governing Law and Selection of Forum. This Declaration shall be governed by and State of Florida and venue for any litigation arising construed in accordance with the laws of the hereunder shall be Broward County,Florida. 11. Attorneys'Fees and Costs. In connection with any litigation or arbitration arising out of this Declaration, the prevailing party shall be entitled to recover all reasonable attorneys' and paralegals'fees and costs through all trial,appellate and post judgment proceedings and arbitration proceedings. 12. Agreement. This Declaration embodies and constitutes the entire understanding between the parties with respect to the matters contemplated herein and all prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Declaration. 13. Further Assurance. The parties hereto agree to execute such further documents as may be reasonably requested by the other to carry out the intent and purpose of this Declaration. IN WITNESS WHEREOF,Declarant has executed this Declaration on the day first above written. WITNESSES: DECLARANT: SHERIDAN HOUSE,Inc., a Florida Print rint Name: By: Name: Print Name: Title: FT1:1782363:1 3 DRAFT JOINDER AND CONSENT OF MORTGAGEE ("Mortgagee"),as the owner and holder of: (i)that certain Mortgage, Assignment of Leases and Rents, and Security Agreement from recorded ,in Official Records Book at Page and (ii)that certain UCC-1 Financing Statement recorded in Official Records Book ,at page_ ,all of the Public Records ofBrowardCounty, Florida(collectively, the Loan Documents), does hereby consent to the restriction set forth in this Declaration and subordinates the Loan Documents to such Declaration. WITNESSES: MORTGAGEE: By: Printed Name: Printed Name: Title: Address: Printed Name: STATE OF ) )SS COUNTY OF ) I HEREBY CERTIFY that on this day,before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments,the foregoing instrument was acknowledged before me by as of freely and voluntarily under authority duly vested in him by said Mortgagee. He/She is personally known to me or has produced as identification. WITNESS my hand and official seal in the County and State last aforesaid this day of 2006. Notary Public, State of Florida at Large Typed,Printed or Stamped Name of Notary Public My Commission Expires: FTL:1782363:1 5 DRAFT EXHIBIT "B" THE PARK PARCEL FTL:1782363:1 City of Dania Beach, Florida Department of Community Development Planning and Zoning Division (954) 924-3645 General Development Application O Assignment of Flex/Reserve Units 15 land Use Amendment MAR 13 i O Plot U Plat Delegation Request O Resoaiug Date Reed: 0 site Play � 1 O / O special Eseoptbn Petition No.: 6 • Special Request O 1raiileway Waiver O Varisace ? O Vacation Request 4 O Other. C THIS AppUcATION wnLNOT IM AO[3IP'M UNTILITIS COMFUM AND SURMTM WITH Ail.NZMARRV DOCUMET18. Refer to the applicstion type at the top of this form and "Required Documentation"checirlat to determine the supplemental documents required with cub application. For after the fact applications,the responsible contractor of record shall be present at the board hearing. Their iiflare to attend may impact upon the disposition of your application. As always, the applicant or their authorized legal agent must be present at aR meetings. Ail projects must also obtain s building permit from the Ciyb Building Department. � ( Location Address: 4200 SW 5e Court,Dania Beach, FL 33314 C Irt(s): --- Block A Subdivision: Sheridan House Plat(105-50) Recorded Plat i-bme: Sheridan House Plat(105-50) r Folio Number(s): 504136120010 Iagal Description: Sheridan House Plat(105-50) �'6 Applican nsnitan gal Representative (circle one) Leigh Robinson Kerr&Associates, Inc. C Address ofApplieant: 808 East Las Olas Boulevard Suite 104 Business Telephone: 954-467-6308 ITome: Farc 954-467-6309 Name of Property Owner. Sheridan House, Inc, v Address of Property Owner. 4200 SW 54th Court, Dania Beach, FL 33314 Business Telephone: 954-583-1552 HoIDe: Far: 954-583-7993 Explanation of Request: Please see attached report. Prop.Not Acreage: (arose Acreage: 6.4 acresFrop. Square Footage: Existin Liss: Community Facility proposed Use Residential S Is property owned individually,by a corporation, or a joint venture? Corporation 2565-Application for lupa I understand that site plan approval automatically expires within 12 months of City ission approval, pursuant to Ordinance No. 2005-040. Applicaat n iEnature Print Name to APPLICANT, CONSULTANT, OR LEGAL REPRESENTATIVENOTARIM) SIGNATURE Sworn to and subscribed bbef``ore me Applieant/Cbnsultant/Representativa: This day of IYu, 20 Signature: Data: Z13 ?9itgname o t�'Public (Print Name) f( ` YIQ ) Yn21w t�0. $o% LaS O�cS t31�� 1�� r.UAul Print Name o Notary Street Address, City, State and Tap Code 333 Commission Expires: ool QS� -�(b'1-b3�g> 1-94-40 -6309 Seal Telephone No. &Fax No. Kelly A. Ray Comnisston#DD258921 a�� ?Expires .15u 2007 INDIVIDUAL OWNER NOTARIZED SIGNATURE: This is to certify that I am the fee simple owner of subject lands described above and that I have e authorized (Appi ant/Cbnauhant/Representative) make and file the aforesaid application. Sworn to and subscribed before me (honer. This day of 20_ Signature' Date: Sign Na ma of Notary Public (Print Name) State of( ) Print Na no of Notary Street Address, (sty, State and Tap Code Commission Expires: Seal.' Telephone No. &Fax No. 2565-Application for hips CORPORATION NOTARIZED SIGNATURE: This is to certify that the below referenced corporation is the owner of subject lands described above and that I a d authorized officer, have authorized (AppBeant/ConsuBmt/Representative) � Z. r {. Ag to make and fib the aforesaid application. Sworn to and subscribed before me Corporation Name: This gi4 day df MP WA 20 Signature. Date: 39 f ��rini5 I�GiLysTO. (Print Name) '� /� r`Xeaitf/L)e Vfke 1�YtsidC��i S' sine of Notary Public (Print Title) 4of(FwYLtrA ) _ ,�yonnt- Print Name of Notary Street Address, City, State and Tip Code Comm9'S'r'�83'lSS2 qS�F-S83- 7993 Seal Telephone No. &Fax No. REM JOINT VENTURV PARTNERSHIP NOTARIZED SIGNATURE: This is to certify that the below referenced that the duly authorized persons are the owners of subject lands deserted above and that all partners have authorized (Applicant/ConsultanURepresentative) to make and file the aforesaid application. Sworn to and subscribed before me This_day of 20_ Signature: Date: (Print Name}* Sign Name of Notary Public State of( ) Print Name of Notary Street Address, City, State and Zap Code Commission Expires: lSeal:- Telephone No. &Fax No. **Each partner must sign. Attach duplicate sheets as required. 2565—Applimdon for lupa RAW& MaNzanz Derr , D & Associates, Inca Member,American Institute of Certised Planners DEC 1 9 2007 Nanning December 18, 2007 " Department ent Laurence G. Leeds,AICP Growth Management City of Dania Beach 100 West Dania Beach.Boulevard Dania Beach, FL 33004 Re: Sheridan House LUPA Dear Mr. Leeds: Please schedule the above land use plan amendment for adoption by the City Commission at your earliest convenience. Please call with any questions. r rely, LeighR.Kerr, A1C1' President cc: Dennis D. Mele, Esquire ■ Planning Zoning • Land Use ExpertT6stimony 808 East Las Olas Boulevard, Suite 104, Fort Lauderdale, Florida 33301 Phone(954)467-6308 Fax (954) 467-6309 IkerrSOB@bellsouth.net Estabfished 190 r 3 FLORIDA ry August 3, 2006 Henry Sniezek, AICP Executive Director Broward County Planning Council 115 S. Andrews Avenue, Room 307 Fort Lauderdale, FL 33301 -4801 Re: Broward County Land Use Plan Amendment Application: Sheridan House, Inc. (4200 SW 541h Court, Dania Beach, FL) Dear Mr. Sniezek: In March 2006, Sheridan House, Inc. submitted an application to change the land use for the above property from "Community Facility" to "Medium 16". The City Commission approved an Ordinance on first reading and authorized transmittal to the Broward County Planning Council of a recommendation to change the land use from "Community Facility" to "12 - 13.5 residential dwelling units per acre", subject to certain voluntary commitments made by the property owner. This is consistent with our prior letter of June 14, 2006, attached. While the Sheridan House application states "Medium 16" residential density, this is not the designation approved by the City Commission. We have enclosed a draft ordinance reflecting the City Commission's decision on this matter. Please contact me if you have any questions. Sincerely, Ivan Pato, City Manager Enclosures cc: Leigh R. Kerr, AICP, Leigh Robinson Kerr & Associates, Inc. Dennis D. Mele, Esquire "Browar&s First Cit/' 100 West Dania Beach Boulevard Dania Beach, Florida 33004 Phone: (954) 924-3600 www.ci.dania-beach.fl.us ORDINANCE NO. 2006-022 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE LOCAL COMPREHENSIVE PLAN TO REDESIGNATE FROM "COMMUNITY FACILITIES" TO "12 - 13.5 RESIDENTIAL DWELLING UNITS PER ACRE" FOR PROPERTY LOCATED AT 4200 SW 5e COURT, DANIA BEACH AND LEGALLY DESCRIBED IN EXHIBIT "A', A COPY OF WHICH IS ATTACHED TO THIS ORDINANCE; PROVIDING, FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Leigh Robinson Kerr and Associates, Inc. representing the property owner Sheridan House, Inc., has made application to amend the local future land use plan to allow 102 residential dwelling units; and WHEREAS,the City Commission, after reviewing said application, desires to amend the future land use plan to allow 77 to 96 residential dwelling units, based on certain voluntary commitments made by the applicant; NOW, THEREFORE,BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the Future Land Use Element and Map is amended as described below: THE FUTURE LAND USE PLAN ELEMENT OF THE LOCAL COMPREHENSIVE PLAN OF THE CITY OF DANIA BEACH, FLORIDA, IS AMENDED TO REDESIGNATE FROM "COMMUNITY FACILITIES" TO "12 - 13.5 RESIDENTIAL DWELLING UNITS PER ACRE" FOR PROPERTY LOCATED AT 4200 SW 54TH COURT, DANIA BEACH AND LEGALLY DESCRIBED IN EXHIBIT "A", A COPY OF WHICH IS ATTACHED TO THIS ORDINANCE. Section 2. That if any section, clause, sentence or phrase of this Ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this Ordinance. Section 3. That all ordinances or parts of ordinances in conflict with the provisions of this Ordinance are repealed. Section 4. That the staff shall submit this amendment to the Broward County Planning Council for re-certification. Section 5. That this Ordinance shall take effect immediately at the time of its passage. However, this plan amendment shall not become effective until the conclusion of the process and time frames set out in Section 163.3187(3)(a) of the Florida Statutes and re- certification by the Broward County Planning Council. PASSED on first reading on June 13, 2006. PASSED AND ADOPTED on second reading on 2006. PATRICIA FLURY MAYOR-COMMISSIONER ATTEST: LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: BY: THOMAS J. ANSBRO CITY ATTORNEY 2 ORDINANCE#2006-022 EXHIBIT `A' Legal Description: Parcel A, Sheridan House Plat (Plat Book 105, Page 50), Public Records of Broward County Florida. ill 3 ORDINANCE#2006-022 -, f da- FLORIDA June 14, 2006 Henry Sniezek, AICP Executive Director Broward County Planning Council 115 South Andrews Avenue, Room 307 Fort Lauderdale, FL 33301-4801 Re: Broward County Land Use Plan Amendment Application Transmittal with Request for Concurrent Transmittal to DCA-SHERIDAN HOUSE Dear Mr. Sniezek: Enclosed please find fifteen )15) copies of a Broward County Land Use Plan Amendment Application. On May 17, 20D6, the City's Local Planning Agency held a public hearing and recommended approval of the local land use plan amendment. On June 13, 2006, the City Commission approved an Ordinance on first reading of the proposed land use plan amendment for 12 - 13.5 dwelling units per acre with voluntary restrictions and authorized transmittal to the Broward County Planning Council with a recommendation of approval. The City of Dania Beach requests the Broward County Planning Council take favorable action on the enclosed Application for Amendment to the Broward County Land Use Plan at its next available public hearing, consistent with the enclosed ordinance. The City also authorizes the Broward County Planning Council to 'transmit the local amendment corresponding to a Broward County Land Use Plan amendment to the Florida Department of Community Affairs for review. If you have any questions concerning this application, please contact Larry Leeds, Community Development Director at 954-924-3640. Sincerely, Ivan Pato V City Manager Enclosures cc: Laurence Leeds, AICP, Community Development Director Leigh R. Kerr, AICP, Leigh Robinson Kerr & Associates, Inc. "Browar&s First City" 100 West Dania Beach Boulevard Dania Beach, Florida 33004 Phone: (954) 924-3600 w .ci.dania-beach.fl.us NOTICE OF PUBLIC HEARING IP CITY OF DANIA BEACH LU-18-06 NOTICE IS HEREBY GIVEN that a public hearing will be held before the City Commission on Tuesday, April 8, 2008, at 7:00 p.m., or as soon thereafter as possible, in the Dania Beach City Commission Room, Administrative Center, 100 West Dania Beach Blvd., Dania Beach, Florida 33004, for the purpose of adopting the following ordinance: LU-18-06 — Leigh Robinson Kerr & Associates, Inc., on behalf of the property owner Sheridan House, Inc. is requesting a change in the future land use designation for property located at 4200 SW 54 Court. The request is to change the future land use designation of the property from Community Facility (CF) to Medium Density Residential(16 units per acre). ORDINANCE NO. 2006-022 - AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE LOCAL COMPREHENSIVE PLAN TO ACCOMMODATE A REQUEST MADE BY LEIGH ROBINSON KERR AND ASSOCIATES, INC., TO REDESIGNATE FROM "COMMUNITY FACILITIES" TO "MEDIUM DENSITY RESIDENTIAL" (12-13.5 DWELLING UNITS/ACRE) FOR PROPERTY LOCATED AT 4200 SW 54TH COURT, DANIA BEACH AND LEGALLY DESCRIBED IN EXHIBIT "A', A COPY OF WHICH IS ATTACHED TO THIS ORDINANCE; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (Adoption—2nd Reading) Exhibit `A' - Legal Description: Parcel A, Sheridan House Plat (Plat Book 105, Page 50), Public Records of Broward County Florida. Copies of the proposed request are available for viewing in the Department of Community Development, 100 West Dania Beach Blvd., Dania Beach, Florida between the hours of 8:00 a.m. and 4:00 p.m., Monday—Friday please call (954) 924-6805 x3645 for more information. Interested parties may appear at the public hearing and be heard with respect to the proposed petition. In accordance with the Americans with Disabilities Act, persons needing assistance to, participate in any of these proceedings should contact the City Clerk at 100 W. Dania Beach Blvd, Dania Beach, FL 33004 or (954) 924-3600, at least 48 hours prior to meeting. Any person who decides to appeal any decision made by the City Commission with regard to any matter considered at this meeting or hearing will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to based. Lou Ann Cunningham Notice Date: Friday,March 28, 2008 Planning Associate See reverse side for property location LOCATION MAP bBw iWfi Landnae Dafa - - -commercial . .... w I) M L3 O Q Eam1e RedifmAi81 k�'a � ' . ; r' Lvri3j Reedenbel d.M IM 9F .:' '+ .; �. Low(b}Rea"tlandai "' CF s n LuwMediaio YEN ResiaaatlA ;: ,#� LS ®Medium-High(TS)Regdah"l E This Site SHERI©AN HOUSE SW aL> 0 250 5W 1, 00 Feet .. Mll i4 'Lm LM i !IH vs c 7.➢i c c co w o N 1 N 2 OCT c0 E a ¢ co rU') m N M rr m COmtn [O (D OCD [OO V 00 N O N N NNI r r r T r r m a) to h r r r n r ,n r r r r r r r r r r r [I- CD r CD OOO Cl? 19 DCO tD CD CO CO ❑ N ((� f0 CD CO W CD I? co � i i LO v vvv v v o vTm vv � avvvvaav pjrrrr 'cTr rr Tr rO 'ct r r . C Cry m r M r V m Cl) m co N m r co tr1 O co co Cl) m m m m M m M mca mtOmto coMm mtnmr �' tnmM [D � m mM mM mmcom mm J M r m r m M m M m M M r0 [O m M r m m M M M m m co M co M J LJL. � LL � V_ LL LL LL LLNLLNM coN LJL- LL coM LL LJL LL LLLLLLLLLLLL LLLL L L W m J M m J J J J O J p j LL L L p J J C,Mj LL J J J m J J J J J J J J > ¢ JQJJQQQ Q } Q ...t W wmQ ¢ J W Q QQ CC� Q ¢ ¢ Q ¢ Q Q ¢ O ❑ LL ❑ LLLL ❑ ❑ ❑ oOZO -j MOOLLJOO ❑ mO ❑ ODO ❑ ❑ O O W O 0-' O = W W W m W Z W O O M LL WO WO O O O O W M 0 0 0 W W W _ W u~iF p= OZ) OOQOO5MMO = OWa ❑ » OW » Mt" » » » » z5 5 m555LL -1 —j:555 � 0555LL55555555 � OU � J � J ¢ K...O_ tY > 0' zR'LL, JJCC � 2' Q-' JJ > 2' 2f = ly' LLLL' 0-' 100000 - 000 ¢ O - 00E- 0 ¢ 000 � OOOQO0000000 U U LL s LL 2 PG LL LL LL ❑ LL Y LL s LL U D_ LL LL s LL LL LL LL ❑ LL LL LL LL LL LL LL LL - N J LL C� ❑ W Q W W r W L- W W F' W F" W W W W j W W W W W W W W F- > O > cA0 » > 01- U > � > W F- I- W > I- > F ¢ » » » » c m ¢ z Q z O Q Q ¢ 0 U w Q W ¢ U U > Q U Q U = ¢ ¢ ¢ Q ¢ ¢ Q ¢ J m0 (AF-- � I- _ R' 1- F- F-' - F-' ZI- = UFF- {- F- = F- F- h- - OF- FI- F- I- I- F- H CI.EN Q � � Cr � 2' ❑ CDC V 5 [1 Cam { co LO MLLO V LO 'q c� (n D zn U) c) = =Qrnnfn ZfrnA �zZD CA Cfi ZorfnrUrUfn Cr� (on o(n to Con aUCn fMQm MN0on CD Um MOrDrr m T I.J- U NLO LOiNtiLO LO LO -Ot LO VM' r [�D V V V V V' LO V LO t`no LO 0 nn m U` U) LOO W z Q F � J Q F EL O 0 Q 0 W Z = [Y U J } D_ F- d m - � z w ~ o = m Lu ¢ z z ¢ Qzr Una ¢ w � cnw ¢ s > tow spQ F p Z n <¢ -z Z = LL U z Z U) 2 = < W M Z °� Ei5 z WOW 0 F- OW = Il LL Lf) LLI _I ZOm -) OO ❑ � QOm W 7 = < z Li. = JI" Q � ZF. = O = O > ¢ W < OOWUQ ? 5c�w = F- Dz LL¢ UOQ ��72 ,aJLU LL ¢ U � W 2 W -) O -W, = -1 ED ¢ M= W QF- 0 < 0 = < Qs :C > ZazLLmLL04'S � ❑ � z W } EOWOZLL < 2 QQ w ow -iQ¢ m s Z U` — m Q W ¢ > �s m 0 — W Z 0 -ov O�< ¢ ¢ WQw � ¢ W KjOzKuj ¢ Qzzz co WZr LLD ¢ zO � = � ZQ mo ¢ � WUx3UQpwUWSF- = W � Us00 ¢ asQ � o < --1 000 ¢ s Ucn � WLL, = 'J [YOcgOCAOJ.O.' (n -� -) � W ❑ ¢ VJ � Q � -tW U' � fYOCA mCO U 'a O r 0 0 0 0 N O O T 0 0 CD O O O O O O O O O O O O O O O CD O O CCI m O (O T N M V' O fD r C1J (A (A O N M (D m CD r CO C M M m m r LO O N m V N C9 LL N M M m m M m m m M V V Ln r r O O O O r m 'C 0 0 0 0 0 9 0 0 0 0 0 0 0 00 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 N t r r T r T r r v V . 11. m m 6 6 L6 to Lt O C7 F O FD O O O ❑ U O O O O O O O O O O O O O O O O O O O O O O O O O T r T .E _ m 11 1 1 1 1 1 1 1 1 1 1 1 1 m co W M t`07 Cm+J CO') t0f] c0'] c0] C0�7 C`O') co M CO+] coCD M co C+O') m m C`? � � m M M Dm') M M ('O�) (`O7 ❑ N m � � i i i � i i i LL O O O O O O O O O O 0 O 0 O O O O O O O O O O O O O O O O O O O O U r ❑ Q LO CO Ln to In CO In Ln Cn to to � In m If') ll') to In In Ln LO LO Lo In Ln Ln t1] to tf] to Ln N In t" to N 00 p O E W N 2 d i OCT C O N E J v_ L Q v rn n n n OI W r T N N N N N N O O 000 U1 a000 n lEN0 t n nn toy co CD o40 cq cq 9 co 9 ID Lq 000 qooNqc v vvvvvvvvvvv a vvvwvvv T co ar T T r T r rrrrTrTr Tv m MMMOMMMM N J M M M M M M M M M M M M M M M M M M 01 M M M M M M M M M M M M M M M M M M M M M r M M M N N J .J J v T LL LL LL LLLLLL LL LL LL LL LLLLLL LL LLLLLL LL LL LL NO W W W W W W W W W W W W W W W W W W N W W W M M J J J J J J J J J J J J J J J J J J M J J J M M Q Q N ¢ Q Q J J p p O p p p p p o O p O p p p p p p p U p p p LL LL W W W W W W LL' St' wWwwwwwwwwwwww W W W W W W W W M W W W W W W W W W W W W W W p < p ppppppp -� pOpppppppp DO DOQ � ggF � gg � � g � g � ggFgggOf F- -1F2- 0 LL 0000000 = 0 LL 000000 LL 000 = 00000 N 0 tb co N W O m a F COD Q o 0 LU d g p ? Mm n Q > CJ G W Ww W of LL' 2 LL' W MK 0� 2 CD IX of M z 0 > > > 0 W W W W W W W W W W W w W W 0 W w W 0 w QQ ¢ Z F- F- f- f- F- FHf- I- F- F- F- F- 2Z �%- F4 J 00 222QppppZOpppppppppr- pppU' y G° m `� mN0 FFF W E ' LL KJ LL LL LL LL' LL' LL' ly 2 W W W W WZ ¢ aP 00 vvvCjMMMMSMMCl) C, MMOMMMJU O mC G E N v v v Q v v v v F v v v v v v v v v v Y v v v U) 2 N LL N � (0 wcsl � v�iu�'iU)ifU) 0wiwco0'n (nu0ifnv0il� Ov�iv>' Fio � a �_ E Qv O v l0 T Uo r 0 N T o 0 v 0 v o v 0 0 0 v 0 0 0 r� rvp < N NPN PNN 01NMMN OOMMtyNr O W �LNII oo LL U v v v n v v v v 0) to M LO 4 ED 4') l En v v O v v v M T Lo to to M to LO Eo to CD to to M to to to to to to to T to n 0 to T ✓,��•• to 0 p z ¢ W Z O SO J z¢ i CC Q tz > F- M Q > F O' Y Q o z 2 m O U) O U Q UQ7 O 2 = W Q Y Y g w p.� Q Z F- Q F- W ¢ 0 vj z S co LLIg � wJUpU �03: � QY U) OF QW - (7a CLLLJy Z °� Q F' Uo� JLL Z0.' U¢ W W -LL. pQ C) Yat3 O F' 2K � co zO � wy J � � F' � W of0 � ZUQ ¢ LL O 1' v X � M o > � R 2 = ¢ � z M z w m y z 2 LL 0 oLLI m a ¢ Of O z - 0 ¢ U Q = V O w Q z O O z p ¢ ¢ — ¢ F- = � � C7 ¢ K ¢ UJ � � C7U > p (Ap � 22 ¢ wLL � � U) U) � m � 0 m a (D 0 0 0 0 0 0 0 0 0 0 0 o 0 0 0 0 o 0 o 0 0 o 0 0 M O to O n M O O r N n M CDT N M y too nm MC) N N M a) m = vvvvv 'nEnLO �nEnococo (ococo (o ocoCDnrnoo 0] 'C 0 0 0 99 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 QC N O CS O O CD OM c M M M t M c] M Ot�) OM bM O 0 0 0 O N J CO0T P T P T P TTT , T N N CO N U] MoN(DMMC? MMC? h MM MMMMMM 0 3 m T r P r r P r r P r r fA L`o M 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 co U T 0 Un to rn En Lo to LO U-) 0 to to u 0 Lo 0 to to LO ll) En M In to to Un 0 = NOTICE OF,PUBLIC HEARING CITY OF DANIA BEACH LU-18.06 NOTICE IS HEREBY GIVEN that a public,'hearing will be held before the City Commission on Tuesday, April 9,2068 ,.at 7:00 p.m., or as soon thereafter as possible, in the Dania Beach City Commission Room;Administrative Center, 1DO West Dania Beach Blvd.,Dania Beach,Florida 33DD4,for the purpose of adopting the following ordinance: LU-18!l-06- Leigh Robinson Kerr&Associates, Inc., on behalf of the property owner Sheridan House, Inc.is requesting a change in the future land use designation for property located at 42Do SW 54 Court. The request isto change the future land use designation of the props from Community Facility (CF) to Medium Density Residential(16 units per acre). AN ORDINANCE AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE LOCAL COMPREHENSIVE PLAN OF THE CITY OF DANIA BEACH, FLORIDA; REQUEST BY LEIGH ROBINSON . KERR &' ASSOCIATES, INC., TO REDESIGNATE FROM. °COMMUNITY FACILITIES- (CF) TO "MEDIUM DENSITY RESIDENTIAL- (16 UNITS PER ACRES) FOR PROPERTY LOCATED AT 4200 SW 54TH COURT, DANIA. BEACH AND LEGALLY DESCRIBED IN EXHIBIT "A", A COPY OF WHICH IS ATTACHED'TO THIS ORDINANCE; PROVIDING THAT. ALL ORDINANCES OR PARTS OF ORDWANCES&IN CONFLICT WITH THIS ORDINANCE ARE REPEALED.TO THE EXTENT OF SUCH CONFLICT; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (Adoption-2nd Reading) p y p. City of Denis Beach Boundary Map Exhlbft'A'-Legal Description: Parcel A,Sheridan House Plat(Plat Book 105,Page 50),Public Records of Broward County Florida: _ -Copies of the proposed request are available for viewing in the Department of Community Development, 1D0 West Dania Beach Blvd., Dania Beach, Florida between the hours of.8:00 a.m. and 4:00 p.m.,Monday- Friday please call (954) 924 6805-x3645 for more Information. Interested parties may.appear at the public hearing and be.heard with respect to the proposed petition.. In accordance'with.ttie Americans with Disabilities Act, persons needing assistance to participate in any of these proceedipgs should contact the City Clerk at 100 W. Dania Beach Blvd, Dania Beach, FL 33004-or (9&4) 924-3600, at least 48 hours prior to meeting. 'Any person who decides to appeal any decision made by the City Commission with regard to any matter considered at this meeting or hearing will need a record of the-proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to based. - Lou Ann Cunningham - Planning Associate a CITY OF DANIA BEACH Agenda Item # 7• Agenda Request Database Date of Commission Meeting: 5-13-2008 Public Hearing ❑X Adopt Resolution ❑ Adopt Ordinance(1st Reading) ❑ Adopt Ordinance (2nd Reading) ❑X Award Bid/RFP ❑ Presentation ❑ Continued from: ORDINANCE NO.2008-014 AN ORDINANCE OF THE CRY OF DANIA BEACH,FLORIDA APPROVING THE REQUEST MADE BY THE PROPERTY OWNERS,ARNOLD AND SHARON NEARN, TO REZONE PROPERTY GENERALLY LOCATED SOUTH OF 1496-1502 SOUTH DIXIE HIGHWAY,DANIA BEACH,FLORIDA,AND LEGALLY DESCRIBED IN EXHIBIT'A',A COPY OF WHICH IS ATTACHED TO THIS ORDINANCE;CHANGING THE CURRENT ZONING CLASSIFICATION OF THE PROPERTY FROM RM-2(MULTLFAMILY RESIDENTIAL),TO C3(COMMERCIAL);SUBJECT TO CERTAIN RESTRICTIONS;PROVIDING FOR CONFLICTS;PROVIDING FOR SEVERABILITY;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. Dept: Acct#: Amt: Fund: General: ❑ Water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ RZ-19-08: The applicants,Arnold & Sharon Nearn, are requesting to rezone a property from Residential (RM-2)to Commercial (C-3), for property located at 1496-1502 South Dixie Highway (SECOND READING). Ordinance Staff Report Application Public Hearing Notice Location Map Mailing List Survey —Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 Submitted by Corinne Lajoie Date Department Director Corinne Lajoie Date Assistant City Manager Date HR Director Date Finance Director Date City Attomev Date City Manager Date Commission Action: Approved: ❑ Denied: ❑ Continued to: ❑ ORDINANCE NO. 2008-014 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE REQUEST MADE BY THE PROPERTY OWNERS, ARNOLD AND SHARON NEARN, TO REZONE PROPERTY GENERALLY LOCATED SOUTH OF 1496-1502 SOUTH DIXIE HIGHWAY, DANIA BEACH, FLORIDA, AND LEGALLY DESCRIBED IN EXHIBIT"A", A COPY OF WHICH IS ATTACHED TO THIS ORDINANCE; CHANGING THE CURRENT ZONING CLASSIFICATION OF THE PROPERTY FROM RM-2 (MULTI-FAMILY RESIDENTIAL), TO C-3 (COMMERCIAL); SUBJECT TO CERTAIN RESTRICTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER,PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Planning and Zoning Advisory Board, sitting as the local planning agency,has reviewed this Ordinance and recommended its approval to the City Commission; and WHEREAS,the City Commission has considered this Ordinance at a duly noticed public hearing according to law; and WHEREAS, the City Commission finds that this Ordinance is necessary for the preservation of the public health, safety and welfare of the City's residents; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the rezoning request filed by the property owner, Arnold and Sharon Neam, for property generally located south of 1496-1502 South Dixie Highway, City of Dania Beach, Florida, is granted and the parcels as described in Exhibit "A" are rezoned from the "RM- 2" zoning classification to the "C-3" zoning classification, a copy of which request is attached to this Ordinance. Section 2. That if any section, clause, sentence or phrase of this Ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this Ordinance. Section 3. That all ordinances or parts of ordinances in conflict with the provisions of this Ordinance are repealed. Section 4. That this Ordinance shall be effective immediately at adoption on second reading. PASSED on first reading on April 22, 2008. PASSED AND ADOPTED on second reading on 2008. ALBERT C. JONES MAYOR—COMMISSIONER ATTEST: LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: BY: THOMAS J. ANSBRO CITY ATTORNEY 2 ORDINANCE#2008-014 EXHIBIT "A" LEGAL DESCRIPTION All of lots 5, 6, 7, 8, 9 together with the south 24.80 feet of lot 10, McKenzie Eyster Addition. According to the plat thereof, as recorded in Plat Book 8, Page 9, of the Public Records of Broward County, Florida. 3 ORDINANCE#2008-014 CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT DATE: May 13, 2008 TO: Ivan Pato, City Manager FROM: Corinne Lajoie, AICP, Principal Planner SUBJECT: RZ-19-08: The applicants, Arnold & Sharon Nearn, are requesting to rezone a property from Residential (RM-2) to Commercial (C-3), for property located at 1496-1502 South Dixie Highway(SECOND READING). REZONE To change the zoning of the property from Residential (RM-2) to Commercial (C-3). The subject property is zoned RM-2. The Future Land Use designation of the property is Commercial. The current zoning and land use designation restricts future development on the site. The applicant is requesting to rezone the property to C-3, which will conform to the Commercial land use designation and allow future commercial development to occur. CITY COMMISSION PREVIOUS ACTION On April 22, 2008 the City Commission approved the request on first reading. On February 24, 2004 the City Commission sold the above referenced property to Arnold Nearn. PLANNING AND ZONING BOARD RECOMMENDATION This item was heard by the Planning and Zoning Board on April 16, 2008. The Board's recommendation will be presented at the City Commission meeting. STAFF RECOMMENDATION At the discretion of the City Commission. The motion passed on the following 5-0 roll call vote: Commissioner Chunn—yes Vice-Mayor McElyea—yes Commissioner Flury —yes Mayor Anton—yes Commissioner Mikes—yes Mayor Anton directed Community Development Director Leeds to caution the applicant to keep the music toned down to avoid complaints. 4.2 Presentation by Fire Department recognizing Bruce Caruso, EMS Captain, for receiving the "Broward County Fire Chiefs Association Leadership Award"for 2003. (Fire Chief) Fire Chief Kenneth Land announced that Bruce Caruso was the recipient of this award presented annually by the Fire Chiefs Association of Broward County for advancing emergency medical service within the County. He stated that Captain Caruso had served as EMS Subcommittee Chairman for the past two years and was involved in the planning of the First There, First Care ALS.Competition EMS Conference. He reported that Captain Caruso was truly deserving of this recognition. Captain Bruce Caruso thanked his family for their support. He stated that this award was not just for him and credited The City of Dania Beach for establishing an EMS service early on. He commended Dr. Ulin, the medical director, for his 14 years of service. Dr. Ulin reiterated that Captain Caruso was a credit to the city. • 4.3 Employee Recognition Program "General Employee of the Month" Award for November, 2003: Mary McDonald, Human Resources Director, announced that the November Shining Star was Terry Peterson from the Human Resources Department and commended Terry for her tireless and dedicated work relating to Personnel matters in the City. 4.4 Drawing to list surplus properties with individual real estate brokers. (City Clerk) City Parcel # Folio# Location Site Size (the following 3 properties will be listed with one broker for marketing purposes) ` Parcel 44 1203-15-0030 Dixie Hwy/Sheridan St. 13,8DD sq. ft Parcel 45 1203-15-0040 total site area Parcel46- 1203-15-0050 Charlene Johnson, City Clerk, explained that on November 25, the City Commission adopted a resolution declaring the referenced properties as surplus and stated that drawings would be conducted to select a listing broker for both sites. The following real estate brokers are registeed with the City: 2) Stephen Lupo, Dania Beach Realtyr) Evelyn Be hamu) n Ryan, , ButitRealty, Inc y4) Williaman s Clark, C&S Real Estate Group; Margrit Wagner, Panorama Properties, Inc.; 5) Gary Posner, Victory Development, Inc.; 6) Sam Calandra, Calandra Realty, Inc.; 7) Jean Cook, Jean Cook Realty. Laurence Leeds, Community Development Director, presented the site location of the first three • parcels (six lots together) near Sheridan Street and West Dixie Highway. He explained that it was formerly the Big Nassau Daddy site and that it had a land use designation of commercial; it MINUTES 2 DECEMBER 8, 2003 CITY OF DANIA BEACH • `� was currently zoned residential and could be changed. Bonnie Temchuk, Assistant to the City Manager, selected Steve Lupo as the broker to market the three parcels located at Dixie Highway and Sheridan Street. " Parcel#66- 0233-14-0140 Vacant Lot 4,085 sq. ft. 1311 NW 2 Terrace Director Leeds presented the site location of the next parcel on NW 2 Terrace. He stated that it was a very small lot, 43 feet wide by BO feet deep, with a zoning designation of RD BO00 Duplex He stated that it could be developed as a small single family home without a garage. He further explained that due to the small size of the property, it would possibly come before the Commission for a variance. Bonnie Temchuk, Assistant to the City Manager, selected Evelyn Benhamu for the above parcel. Commissioner Mikes asked that the selected broker for Parcel #66 contact the neighboring property owners to see if they would be interested in purchasing and/or splitting this substandard lot. He stressed the importance of seeing the lot merged into adjoining properties than make an attempt to build on a lot that is too small. City Manager Pato offered to discuss this with the realtor at the time he signed the listing. 4. 5 Vice-Mayor McElyea announced that Jesse Davis had passed away. Vice-Mayor • McElyea explained that Mr. Davis was a long time Dania resident and former Dania police officer. He announced that services would be held at St. Ruth Baptist Missionary Church, 145 NW 5 Street, on December 12, 2003 and that the American Legion Post 209 would also be involved in the services. 5. PROCLAMATIONS: 5.1 A proclamation declaring the Year 2004 as "Dania Beach Centennial Celebration Year" in the City.of Dania Beach. Mayor Anton read the proclamation and stated that all the Commissioners would sign it. 6. CITIZENS' COMMENTS: 6.1 George Jason, 4549 SW 37 Avenue, first commented on the airport expansion. He was surprised to find out how many people in the community were not informed about the issue and up-coming meeting on December 9, 2003. He encouraged residents to attend. He also commented on a problem of possible identity theft through trash can invasion. He suggested that the City provide some type of ordinance to prohibit people from going through residents' trash cans. Mayor Anton suggested that City Attorney Ansbro look into the issue. 6.2 Annette Hibbits, 30 SW 11 Street, protested the closure of Second Avenue. She stated • that additional traffic was generated by the closure of SW Fourth Avenue, SW Third Avenue, SW Eleventh Street, and SW Thirteenth Street. She felt that these street closures had isolated MINUTES 3 DECEMBER 8, 2003 CITY OF DANIA BEACH RESOLUTION NO. 2004-029 A A RESOLUTION OF THE CITY OF DANIA APPROVING BETHAT FLORIDA, ACCEPTING AND CONTRACT FOR PURCHASE AND SALE OF REAL PROPERTY LEGALLY DESCRIBED AS LOTS 5, 6, 7, g 9, and 10, OF MCKENZIE EYSTER ADDITION, AS RECORDED IN PLAT BOOK B, PAGE 9, OF THE PUBLIC RECORDS OF BROWARD COUNTY FLORIDA; , AS SUYER, AND THE BY BETWEEN ARNOLD NEARLQr R FOR A SALES SELLS REACH, AS r CITY OF DANIA PAYMENT BY OVIDING FOR THE CITY PRICE OF OF DANI0AFBEACH IN AN AMOUNT NOT TO OF EXCEED $3,265 TO COAST SCIENCE AS ON THE FOR SOIL/WATER REMOVAL AND SUBJECT PROPERTY; PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTTO IONS T IN CONFLICT HEREWITH BE REPEAT•an ENT OF SUCH' CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Part XII, Article 3, Section 5 of the Charter of the • City of Dania Beach authorizes the City Commission to exchange, sell or convey real property acquired by the City of Dania Beach from enforcement or foreclosure of city liens and the transfer of lands available for taxes from Broward County and determined by the City Commission to be surplus real property; WHEREAS, the real property legally described as Lots 5, 6, 7, 8, 9 and 10 of MCKENZIE EYSTER ADDITION as recorded in Plat Book 8, Page 9, of the Public Records of Broward County, Florida, was XII, Article determined to be surplus property in accordance Part 3, Section 5 of the Charter of the City of Dania Beach, by City Commission Resolution No: 2003-263 on November 25, 2003; for Sale and Purchase of the real property WHEREAS, a Contract ® RESOLUTION NO.2004-029 legally described above with a sales price of $140, 000 dated • December 1B, 2003, was entered into by Arnold Nearn as Buyer, and the City Manager on behalf of the City of Dania Beach, in accordance with City Commission Resolution No. 2003-263; WHEREAS the Dania Beach City Commission finds that payment at the real estate closing to Coastal Science Associates in an amount not to exceed $3, 265 for removal of contaminated soil/water and backfill of the subject property is in the best interest of the City of Dania Beach and its business owners and residents; and WHEREAS, the Dania Beach City Commission finds that it is cost effective, in the best interest of the City of Dania Beach, and promotes the welfare of the residents of the City to efficiently dispose of the aforesaid surplus property by selling the property • to Arnold Nearn for $140, 000, subject to the terms and conditions of the Contract for Sale and Purchase referenced herein. NOW, THEREFORE, be it resolved the City Commission of the City of Dania Beach, Florida; Section 1. That the Contract for Sale and Purchase of the real property described herein is accepted and approved. Section 2. That the City Manager is authorized to close the aforementioned Contract for Sale and Purchase of the real property described herein, subject to compliance with Section 3 herein. Section 3. That the HUD Settlement Statement shall include a payment from seller' s proceeds to Coastal Science Associates in an amount not to exceed $3, 265 for removal of contaminated soil/water and backfill of the subject property. 2 RESOLUTION NO. 2004-029 Section 4. That all resolutions or parts of resolutions in • conflict herewith be and the same are hereby repealed to the extent of such conflict. Section 5. That this resolution shall be enforced and take effect immediately upon its passage and adoption. PASSED AND ADOPTED THIS 24TH DAY OF FEBRUARY, 2004. ?0330��k'ONMMISSIONER ROLL CALL: AT;EST: COMMISSIONER CHUNN -YES COMMISSIONER FLURY-YES MIRIAM NASSER COMMISSIONER MIKES -YES ACTING CITY CLERK VICE-MAYOR MCELYEA - YES MAYOR ANTON -YES • APPROVED AS TO FO AND CORRECTNESS : BY: 1' THONiAS P1 SBRO CITY ATTORNEY 3 RESOLUTION NO. 2004-029 Ltw 0Fr7(F5 T T C THIRD FLOOR 70D EAST DANIA BEACH BOULEVARD DANIA BEACH,FLORIDA 33DD4.3090 . ARCHIE J.RYAN III TELEPHONE I9541 92D-2921 - FACSIMILE(95411321.1247 TIMOTHY M.RYAN CHRISTOPHER J.RYAN' February 3, 2004 JCSHUA S.PFNSKY •BMrd Cued ClN. CaarN and Local G,em wt Lawyer Mr. Ivan Pato, City Manager City of Dania Beach 100 West Dania Beach Boulevard Dania Beach, Florida 33004 . Re: City of Dania Beach sale to Arnold Nearn 1506-1510 S. Dixie Highway, Dania Beach Our File Number: 16920D-RE Dear Mr. Pato: Pursuant to our telephone conversation, enclosed is a copy of the statement from Coastal Science Associates in the sum of $7, 105 • for sampling, ' removal of contamination and backfilling on the above-referenced property. The a _purchaser has proposed to pay the expense for smpling and analysis of $2, 640 and the cost for management and report of $1, 200. The buyer wants the City to pay for soil/water removal and backfill which is essentially the cost for removing contamination on the subject property. The expense for removal and backfill is $3, 265. I will be preparing a resolution to present to the City Commission approving the Contract for Sale and Purchase at $140, 000 and approving a reduction from Seller' s proceeds of $3, 265 for payment to Coastal Science Associatesforwardednstol/water removal and backfill. The resolution will be as it has been drafted by our office. If you have any questions concerning this matter, please contact my office. Very truly yours, �. TIMOTHY RYAN TMR/les Enclosure City of Dania Beach, Florida -.r -- Department of Community Development _ Planning and Zoning Division (954) 924-(z%05 Phone www.daniabeachfi.gov General Development Application ❑ Administrative Variance ❑ Assignment of Flex/Reserve Uni ClLIt9� Land Use Amendment WORD d� ❑ Plat 3 ❑ Plat Delegation Request MAR 13 200E Rezoning Date Rec d: ❑ Site Plan piannin El Special Exception Petition No.: ❑ Trafficway Waiver Department ❑ Variance ❑ Roadway Vacation ❑ Extended Hours ❑ Other: THIS APPLICATION WILL NOT BE ACCEPTED UNTIL IT IS COMPLETE AND SUBMITTED WITH ALL NECESARRY DOCUMENTS. Refer to the application type at the top of this form and "Required Documentation"checklist to determine the supplemental documents required with each application. For after the fact applications, the responsible contractor of record shall be present at the board hearing. Their failure to attend may impact upon the disposition of your application. As always, the applicant or their authorized legal agent must be present at all meetings. All projects must also obtain a building pef it from the City's Building Deparb �.r`SD nent. V �A �' T� ugh O v Pss Location Address: I. (S(a � II Lot(s): Block: subdivision: lfV1LF. enz le'_ Recorded Plat Name: 3ls���so a63G, zIt. Folio Number(s): Legal Description: Sep Sc, CJ svf pelican nsultant/Legal Representative (circle one) 1%coic A& S9Jt9Q&J Address of Applicant: � M S�' �e�4C rG� 3 3©0 1�W-716v7-- Business Telephone: 2: !Home: g1GY Fax: Name of Property Owner: Address of Property Owner: 5 �� Business Telephone: Por Home: Fax: e, s a o�� ,4� �omrnevetq l 0- 3 Explanation of Request: ��Z on/e For Pia(s please provide proposed Plat Name for Variances please attach Criteria Statement as per Article 10.13 of Chapter 28, Zoning Code. 3/ 3 pro Square Footage. Prop. Net Acreage: Gross Acreage: i P- q g ! Existing Use: P, V�CA"D T Proposed Use: VA C fl,ikD Is property owned individually, by a corporation, or a joint venture? I understand that site plan and variance approval automatically expires within 12 lonths of City Commission approval, pursuant to Ordinance No. 2005-040. a ' A' kno0 E r� dNlly � � Applicant/Owner sign ure Print Name Date APPLICANT, CONSULTANT, OR LEGAL REPRESENTATIVE NOTARIZED SIGNATURE Sworn to and subscribed before me Applicant/ConsultanURepresentative: ri This l3 day of " w, 20 Or k/ "`Signature: r¢ T Date: J & r � 1 4gname of Notary Publicint Name) Sonf( ) (/ kw Print Name of Notary LJ Street Address, City, State and Zip Code ;�« g sy Gs 7� lP z Qho 14- --l—moron, 0tZ Telephone No. & Fax No. a,arcomma 0ter MM g 5 y 9 2 `L({7 7 � INDIVIDUAL OWNER NOTARIZED SIGNATURE: This is to certify that I am the fee simple owner of subject lands described above and that I have authorized (Applicant)Consultant(Representative) to make and file the aforesaid application. Sworn to and subscribed before me Owner: This day of 20_ Signature: Date: Sign Name of Notary Public (Print Name) State of ( ) Print Name of Notary Street Address, City, State and Zip Code Commission Expires: Seal: Telephone No. &Fax No. CORPORATION NOTARIZED SIGNATURE: This is to certify that the below referenced corporation is the owner of subject lands described above and that I, as a duly authorized officer, have authorized (Applicant/Consultant/Representative) to make and file the aforesaid application. Sworn to and subscribed before me Corporation Name: This day of 20_ Signature: Date: (Print Name) Sign Name of Notary Public (Print Title) State of( ) Print Name of Notary Street Address, City, State and Zip Code Commission Expires: Seal: Telephone No. & Fax No. JOINT VENTURE/PARTNERSHIP NOTARIZED SIGNATURE: This is to certify that the below referenced that the duly authorized persons are the owners of subject lands described above and that all partners have authorized (Applicant/Consultant/Representative) to make and file the aforesaid application. Sworn to and subscribed before me This day of 20_ Signature: Date: (Print Name)** Sign Name of Notary Public State of ( ) Print Name of Notary Street Address, City, State and Zip Code Commission Expires: Seal: Telephone No. & Fax No. **Each partner must sign. Attach duplicate sheets as required. Qi4alh-9 Service 511vice 1983 MILLENNIUM FIRE & SAFETY EQUIPMENT 1496-- 1502 Wode Highway - Dania 3-each, Florida 33004 (954) 922-9136 FAX(954) 922-4771 March 27,2009 ILI L Ms. Conine Laj:oie i MAR 2 B NOB Acting Director Community Development City of Dania Beach 100 W.Dania Beach Blvd Dania Beach,Fl. 33 004 Dear Ms.Ldjoie: Subiect: Reauest far Zones Chanpe We are requesting a zoning change on the following property: Lots 45,6,7, 8,9 and 10 of McKenzie Eyster Addition. At the time of purchase from the City of Dania Beach,the property was purchased to protect an encroachment and to expand the business. The property had been used by Nassau Daddy & Sons as commercial property for their septic tank business. On this property was both a commercial building and parking for trucks. Discussions with city staff following the purchase also led us to believe the property was commercial. The fact that the County has the property listed as commercial were all factors in the land purchase. We are asking for a re-zoning from residential to commercial to be consistent with our existing commercial property located at 1496-1502 Dixie Highway. Res ectfally Submitted, u-'my of D.Nearn, Jr. Sharon Anderson-Near National Fire ProtectdDvi A55Dd01Dn RZ-19-08 NOTICE OF PUBLIC HEARING CITY OF DANIA BEACH NOTICE IS HEREBY GIVEN that a public hearing will be held before the City Commission, on Tuesday, May 13, 2008 at 7:00 p.m., or as soon thereafter as possible in the Dania Beach City Commission Room, Administrative Center, 100 West Dania Beach Blvd., Dania Beach, Florida 33004,for the purpose of hearing any comments which might be made to the following request: RZ-19-08—Rezoning request by property owners Arnold & Sharon Nearn, from Residential(RM- 2) to Commercial (C-3), for property located south of 1496-1502 South Dixie Highway, Dania Beach. AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE REQUEST MADE BY THE PROPERTY OWNERS ARNOLD AND SHARON NEARN, TO 'REZONE PROPERTY GENERALLY LOCATED SOUTH OF 1496-1502 SOUTH DDGE HIGHWAY, DANIA BEACH, FLORIDA, AND LEGALLY DESCRIBED IN EXHIBIT "A", A COPY OF WHICH IS ATTACHED TO THIS ORDINANCE; CHANGING THE CURRENT ZONING CLASSIFICATION OF THE PROPERTY FROM RM-2 (MULTI-FAMILY RESIDENTIAL), TO C-3 (COMMERCIAL); SUBJECT TO CERTAIN RESTRICTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Property is legally described as: All of lots 5, 6, 7, 8, 9 together with the south 24.80 feet of lot 10, McKenzie Eyster Addition. According to the plat thereof, as recorded in Plat Book 8, Page 9, of the Public Records of Broward County,Florida. Copies of the proposed request are available for viewing in the Community Development Department, 100 West Dania Beach Blvd., Dania Beach, Florida between the hours of 8:00 a.m. and 4:00 p.m., Monday — Friday, please call (954) 924-6805 x3645 for more information. Interested parties may appear at the public hearing and be heard with respect to the proposed petition. In accordance with the Americans With Disabilities Act, persons needing assistance to participate in any of these proceedings should contact the City Clerk's office, 100 W. Dania Beach Blvd, Dania Beach, FL 33004, (954) 924-6800 x3623, at least 48 hours prior to the meeting. Any person who decides to appeal any decision made by the Planning and Zoning Advisory Board or the City Commission with regard to any matter considered at a meeting or hearing will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to based. Lou Ann Cunningham Planning Associate Publish: Friday, May 2, 2008 See Reverse side of this notice for a location map of the site Location Map: N I c-3 , o I T SW I4TH ST 1 N Ii II RD-8000 RM-2 ------- CD r �EIM TM I o ;d —7--T —T--�— I I I C C W I I I I I I I 2 C L � I Sheridan Street Z - i� C MOD W O y C p) N C z NO N N N O LL Q t 2 m O O O M M LU 0 Q O N ¢ V r 2 O I p CD O M Cl) . ") r � NNMNNMMM C14O D O i J i i J N J CD 0) oLL MLLUl) toLL N O M N 0 N N LL r M J M M r 04 rl) �`'7 Z M M Q Y N J N LL O Iy LL (O+) V M LLLLa LJLLL � m S OD ',... W WOx J (o+I LLOUW0C3 JJ WM ig m Q LL m >> Q W � Z � Z W -jLL Z M: 2 � 2 Ix000 — ¢ > 00000 QO ¢ Q UF- LL1: < m0 :3m F- LLF o � R ago Cl) cv m 0 3 m x � (j W I- a of z00 F- Z Q X = Ir- 0 co z Of LO 0 J (n Sz U) co 0 XX G JmO Q JZDo CY) LO I- NNxQLSM 0 1 c° � CNN ImN N 2" ln W LL' , U7 N wl- 2_ 7 N W X x Q x ry �v J2M Z z O O w N MZ a¢i � Z OUJ Z LL Jp O `'S a N o b Q ° J CO U7 m N NC? U0 I m CO O M — 2 U Q ¢ p - O M � Cl) W M (ODO N � M NO M M m N V M N M N V h (O d u U z W ER ..ti 0 r z x > O ❑ Q W Q z z CO O ° Z F-- Fr 00 ° W OM = < c) m J l J m 0 x < ¢ ¢ aQ ° m ozW g U = gly0U7 � J camas ¢ 2wO � 20 L) w Z w Z Q W U to W LLJ � InZQZLLo° JQQ � Q -J J2 p 0 J — YF- Qn' w co IW O > U U w W x 2 K Q � � J W J a =� Z Z w x n m J > O Z w > O z Y xmo ¢ am � wc7wxQ — zmgxQ � UQ = C O ¢ U LL Q m d a 2 Q U m 2 W g mQ J o 0 o 0 0 00 00 0 0 0 0 W LL N o I- W V 0 o r - .- N r U7 m Q (p (Dar 7 V ow o (000000 o V Z Qx 00 .- � 1 � � 000000 � U 0 0 0 0 0 0 0 0 0 6 M m P7 M, O) U) ¢ Z ¢ 00 � �- � � � .- � M MM P7 MO m W O m m 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 i i i i i i i i i i U) ?) Q N N N N " N N N N N N N N N N N 6. O Z d (O Uop QLnu-) Un (DLn (n00LO (nIDNu-) (D0UD r BOUNDARY SURVEY 98-2169 LEGAL DESCRIPTION:All of Lots 5,6,7,8,9 together with the South 24.80 feet of Lot 10, McKENZIE EYSTER ADDITION, according to the Plat thereof, as recorded in Plat Book 8, Page 9, of the Public Records of Broward County, Florida. DRESS: Dania, FloridaS. Dixie Highway Dania, Flo 33004 [Department CERTIFIED TO: P 131. City of Dania 2. Ryan &Ryan, P.A.3.Attomeys'Title Insurance Fund, Inc. anning PLAT LIMITS N.LINE LOT 12 S WALL 0.8'E LOT 11 OWN 90.24'PLAT 89.94' FIELD HAIN LINK FENCE FOUND 3/4" 19.1'E CHAIN LINK QTN,2.M IRON PIPErR NE STORY FENCE° FOUND 12"REBERCIAL BUILDING FOUND SPIKE 50, 0.18'W,0.13'N8.4' q - - - - - - - - - ' PO +y FOUND 12" 21.3'W �ryN RESAR 0.19'S CHAIN LINK FENC0.13'N 0.68,O.PE �� WATER CHAIN LINK FENCE n f 208.°.M � MO AINLINK°I7FENCEOB'W PoLET- - iF (� a Iz CHAIN LINK FENCE III � o Ir. � � E9,•E.2.TW 9 W W 0 J X J a $ I + 'ZS n $ = IU ui F IgtIRCNING WELII N 7 � LL N 1 Y O I CWIBI LINKFENCE OJ 0 EB.1'8,,.fE 0'^ CD POLE CHAINLIIKFENCE CFL4M LINK 11J 100.88,0.6E FENCE 2.M M I M p By SET 12"IRON PIPE&CAP CIWNLNO(FENCE I r� , LS3487 1211,OYE tl' FENCE MEANDERS ALONG PROPERTY LINE FOUND2" 91.05'PLAT 90.96'FIELD i IRON PIPE CHAIN LINK FE CHNN LINK FENCE 1.68,0.2'W OBE,°.1YI IMROACHING THIS SURVEY IS FOR TITLE AND MORTGAGE PURPOSES ONLY. REVISED SKETCH&LEGAL DESCRIPTION 4/17/07 Elevations are relative to National Geodetic Vertical Datum Underground locations and/or underground encroachments, of 1929. if any, are not shown unless otherwise indicated. This survey was not abstracted for easements and/or Community: 120034 Panel 0308 right-of-way of record. Suffix : F Date of Firm: 8/18/92 Elevations are relative to National Geodetic Vertical Datum of 1929. Flood Zone x Base Flood Elevation = N/A Not valid without the signature and the original raised seal of Finish Floor=NIA Lowest Floor= N/A a Florida Licensed Surveyor and Mapper. Benchmark : N/A Dated this 30th day of MARCH 1998 A.D. N ARR HIGHWAY BASED ASSUMED DATUM W.RIGHT-OF- Bearings based On :yypY LINES.DIXIE HIGHWAY NORTH Drawn by P.B.S. Checked by P.B.S. Scale 1"=30' PETER BLANDINO SR. PETER SLANDINO SR. Registered Land Surveyor NO. LS3487 Miramar Executive Center 3800 S.STATE ROAD 7, Reg Stated Florida SURE 261 Miramar,Florida 33023 (987-66") CITY OF DANIA BEACH Agenda Item # Agenda Request Database Date of Commission Meeting: 5-13-2008 Public Hearing X❑ Adopt Resolution ❑X Adopt Ordinance (1st Reading) ❑ Adopt Ordinance(2nd Reading) ❑ Award Bid/RFP ❑ Presentation ❑ Continued from: 4-22-2008 RESOLUTION NO.2008-063 A RESOLUTION OF THE CITY OF DANIA BEACH,FLORIDA APPROVING THE VARIANCE REQUEST SUBMITTED BY THE CITY OF DANIA BEACH PUBLIC SERVICES DEPARTMENT FROM CHAPTER 26,"VEGETATION",SECTION 26.48,"INTERIOR LANDSCAPING FOR ALL VEHICULAR USE AREAS",FOR PROPERTY LOCATED AT 1201 STIRLING ROAD,DANIA BEACH;PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. Dept: Acct M Amt: Fund: General: ❑ water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ VA-28-08:Variance to reduce the required interior landscape area and to reduce the number of trees provided on site for the new public services complex. Resolution Staff Report Application Public Hearing Notice Location Map Mailing List Site Plan Exhibit 1 +Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 Submitted by Corinne Lajoie Date Department Director Corinne Lajoie Date Assistant City Manager Date HR Director Date Finance Director Date City Attomev Date City Manager Date im Commission Action: Approved: ❑ Denied: ❑ Continued to: ❑ RESOLUTION NO. 2008-063 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE VARIANCE REQUEST SUBMITTED BY THE CITY OF DANIA BEACH PUBLIC SERVICES DEPARTMENT FROM CHAPTER 26, "VEGETATION", SECTION 26-48, "INTERIOR LANDSCAPING FOR ALL VEHICULAR USE AREAS", FOR PROPERTY LOCATED AT 1201 STIRLING ROAD, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS,the Dania Beach Code of Ordinances,Chapter 26,"Vegetation",Section 26-48, "Interior landscaping for all vehicular use areas",prescribes landscaping requirements for properties located within the City of Dania Beach; and WHEREAS,the City of Dania Beach Public Services Department is requesting a variance (VA-28-08)to reduce the required interior landscape area and to reduce the number oftrees provided on site for the new Public Services complex as follows: 1) Proposal for 7%of the vehicle use area to be landscaped (Chapter 26, "Vegetation", Section 26-48,"Interior landscaping for all vehicular use areas"requires 20%of the vehicle use area to be landscaped); and 2) Proposal to provide 18 trees in the vehicle use area and provide 9 additional trees along the west property line,resulting in a shortage of 15 trees(Chapter 26,"Vegetation",Section 26-48, "Interior landscaping for all vehicular use areas" requires 1 tree for each 200 square feet of interior vehicle use area,which equals 42 trees), for property located at 1201 Stirling Road in the City of Dania Beach; and WHEREAS,the Planning&Zoning Board on April 16,2008 recommended approval of the variance request, based upon the criteria set forth in Section 10.13 of Article 10, of Chapter 28, "Zoning", of the Code of Ordinances of the City of Dania Beach; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That that certain application VA-28-08 from requirements in Chapter 26, "Vegetation", Section 26-48, "Interior landscaping for all vehicular use areas" of the City Code of Ordinances is approved. Section 2. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 3. That this Resolution shall be in force and take effect immediately upon its passage and adoption. PASSED and ADOPTED on 2008. ALBERT C. JONES MAYOR-COMMISSIONER ATTEST: LOUISE STILSON,CMC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS BY: THOMAS J. ANSBRO CITY ATTORNEY 2 RESOLUTION#2008-063 CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT DATE: May 13, 2008 TO: Ivan Pato, City Manager FROM: Corinne Lajoie, AICP, Principal Planner APPLICANT: City of Dania Beach, Public Services. REQUEST: VA-28-08: Variance to reduce the required interior landscape area and to reduce the number of trees provided on site for the new public services complex. LOCATION: 1201 Stirling Road. Reduce interior landscape area: Code requires 20% of the vehicle use area (10,868s.f.) is required to be landscaped. The applicant has been able to increase the landscaped area from 7% to 10.6% (5,785s.f.). They are requesting a variance to waive 9.4%. Reduce number of trees: Code requires 1 tree for each 200 square feet of interior vehicle use area, which equals 42 trees. The applicant has been able to revise the landscape plans and is now able to provide all of the required trees on site. CITY COMMISSION PREVIOUS ACTION On April 22, 2008 the City Commission continued this item to allow the applicant to address the location of additional trees. On December 11, 2007 the City Commission approved the site plan for this building. PLANNING AND ZONING BOARD RECOMMENDATION This item was heard by the Planning and Zoning Board on April 16, 2008. The Board's recommendation will be presented at the City Commission meeting. STAFF RECOMMENDATION At the discretion of the City Commission. C DM 6365 N.W.6th Way,Suite 2DD h: Pon Lauderdale,Florida 333D9 fec 954 928-1649 March 28,2008 aft Ms. Corinne Lajoie Principal Planner City of Dania Beach 100 West Dania Beach Boulevard Dania Beach,FL 33004 Subject Public Works and Public Services Administration Building City Project No. 10 Plans for Landscape Variance Application Dear Ms. Lajoie: Per our phone conversations, enclosed please find ten(10) 11xl7 copies,one set signed and sealed, of the plans to be submitted with the landscape variance application for the subject project. The sheets provided include a cover with project title,a site plan (sheetC-0), all landscaping sheets and a building elevation(sheet A-5). We appreciate the opportunity to provide the City with engineering services and are looking forward to working with the City in the future. If you have any questions or concerns,please do not hesitate to contact me at(954) 776-1731. Very truly yours, Ruth E.Burney Project Engineer Camp Dresser&McKee REB/mc Enclosure c: Dominic Orlando File: 2B037-60233-010.DN MmD493 consulting•engineering•construction-operations City of Dania Beach, Florida of Community Development Planning and Zoning Division (954) 924-3645 Phone wwwe.daniabeachfi.gov General Development Application ❑ Administrative Variance ❑ Assignment of Flax/Reserve Units ❑ land Use Amendments 4 ❑ Plat: rral"RE'r,T-- ' Mf ElPlat Delegation RaWast ❑ Rezoning , DataRers:d: ❑ Site Plan au APR 2 2BOB c7 ❑ Special Exception i Petition No.:VA- aq'� b ❑ Traf kway Waiver ¢ ,, Variance D e ❑ Roadway Vacation ❑ Extended Hours ❑ other: THIS APPLICATION WILL NOT BE ACCEPTED UNTIL IT I.4 COMPLETE AND SUBMITTED WITH ALL NECESARRY DOCUMENT'S. Refer to the application type at the top of this form and `Regeolrsd Documentation'checklist to determine the supplemental documents required with each application. For after the Sara applications, the responsible contractor of record shall be present at the board hearing. Their failure to attend may impact upon the disposition of your application. As always,the applicant or their authorized legal agent must be present at all meetings. All projects must also obtain a building permit from the Ws Building Department.c� �J Location Address: 2D +i�-r`el ` Lot(s): Block: Subdivision: Recorded Plat Name: N 1 A _car o� � g h=-e d Follo Number(s): t"7 nLi D b ©Oi0 legal Description: a4cz Ctrs ed Appiiran nsul ant/Legal Rep esentative(eircie Dare) Address of Applicant: 12=D `c liyNct " ` BusinessTelephonei~� 42�3��oBoma: Fax:� 4S�i4Z3 -if0 `t Name of Property Owner: r' : L4 D L I Address of Property Owner: I (1© FJ b rt ht 1 fle aC h kV E7 . Business Telephone:44cu)aut-6Ra) Home: Fax: Explanation of Request: '\J rjY tCIA c2 (t_eo eye$-k-co vt'k l0r -ose ay For Pats Please Provide Proposed Plat Etaaie for Ir3aiaa70W Please attadr C"Wfa flt as per ArWe 10.13 ofChapte�r((28,Zoning Code. "7 Prop. Net Acreage: .It b Gross Acreage: Prop. Square Footage: Existing Use: Proposed Use: Is property owned individually,by a corporation, or a joint venture? I understand dTat site plan and variance apprwal aubxna*Wlg expires wvHMn 12 and r of CiEy mission approval, pevrsejant bo Ordinance No. 2E105-O40. Applicant/ er signafaere Priirt Name APPLICANTF CONSULTANTF OR LEGAL REPRESENTATIVE NOTARIZE©SIGNATURE Sworn W and subscribed before me Appi'ocmVConsulEant/Representative: This L day of FY1 Za- LO Signature: Date: Sign Name of ry Public (Print Name) State of(�F LO F:CS0. ) h 2 Print Name a Notary Street Address, City, State and Zip Code Comm! on , i CQ6�q2—{-37144 �RSC�L) R2,3— l (Dct Seal: E KATHRS'NfRANCESFLORENTME Telephone No. &Fax No. MY COMMI55lDNG DDSS�57 �6FF�A EXPIRES: Mer.Tf,2D}D (a0�9D8-0159 fluitln Nxv7 SaxEocaan - INDIVI®UAL OWNER NOTARIZED SIGNATURE: This is to certify that I am the fee simple owner of subject lands described above and thato I have make anu�� (Appliont/ConsutBWReKesentat ye) d file the aforesaid application. Sworn to and subscribed before me Owner: This day of 20_ Signature: Date. Sign Name of Notary Public (Print Name) State of( ) Print Name of Notary Street Address, City, State and Z!p Code Commission Expires: Seal: Telephone No. &Fax No. F.:! d4? i AYR D % 2DDB Variance request to provide 15 trees in the vehicular use area ' umer Chapter 26, Vegetation See. 26-4g. Interior landscaping for all vehicular use areak' A � area, or combinations of areas, equal to twenty (20) percent of the total vehicular use area exclusive of perimeter landscape buffers required under section 26-47(b) and (c) and section 26- 50 through section 26-51 of this article shall be devoted to interior vehicular use area landscaping. There shall be no more than twelve (12)parking stalls along the same parking aisle without a five-foot-wide by fifteen-foot-long intermediate landscape peninsula Terminal landscape peninsulas shall be ten(10) feet wide and as long as the required length of the parking stall in that isle. All other interior vehicular landscape areas shall be a minimum of five (5) feet wide and one hundred (100) square feet in area. Each intermediate and terminal landscaped peninsula shall have a minimum of two (2)trees. There shall be no-less than one (1)tree for each two hundred (200) square feet or fraction thereof of the remainder interior vehicular use landscape area In no case shall a parking stall be further than sixty-five (65) feet from a tree, measured from the tree trunk All landscape areas within the vehicular use area or abutting landscape areas shall be protected from vehicular encroachment through appropriate wheel stops or curbs. Wheel stops shall be located a minimum of two (2) feet from the required landscape area (A total of 42 trees are required). The City is proposing to place the remaining 27 trees on the east side of the property under the FPL transmission lines,however according to FPL standards,the height and species of the trees must be no higher than_20_feet and be a "flowering"species. Criteria Statement (a) That special conditions and circumstances exist which are peculiar to the land, structure ar building involved and which are not applicable to other lands, structures or buildings in the same zoning district; Due to the proposed configuration of the building,the applicant is unable to locate all of the trees in the required area.. (b) That the special conditions and circumstances do not result from the actions of the applicant; The proposed building is on an existing Public Services site with existing buildings and asphalt areas. (c) That granting the variance requested will not confer on the applicant any special privilege that is denied by this chapter to other lands,buildings or structures in this same zoning district; No. The applicant is proposing to locate landscaping on an alternative area on the site. (d) That literal interpretation of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the sane zoning district under the terms of this chapter and would work unnecessary and undue hardship on the applicant; n/a (e) That the variance granted is the minimum variance that will make possible the reasonable use of the land,building or structure; yes (f) That the grant of the variance will be in harmony with the general intent and purpose of this chapter, and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare. The applicant is making every effort to locate landscaping in an area that is available and visible by the community. VA-28-08 NOTICE OF PUBLIC HEARING CITY OF DANIA BEACH NOTICE IS HEREBY GIVEN that a public hearing will be held before the City Commission, on Tuesday April 22 2008 at 7.00 P.m. or as soon thereafter as possible in the Dania Beach City Commission Room, Administrative Center, 100 West Dania Beach Blvd., Dania Beach, Florida 33004, for the purpose of hearing any comments which might be made to the following request: VA-28-08 — The City of Dania Beach is requesting a variance to reduce the required interior landscape area and to reduce the number of trees provided on site for the new public services complex located at 1201 Stirling Road as follows: 1) Proposal for 7% of the vehicle use area to be landscaped (Chapter 26, "Vegetation", Section 26-48, "Interior landscaping for all vehicular use areas" requires 20% of the vehicle use area to be landscaped.) 2) Proposal to provide 18 trees in the vehicle use area and provide 9 additional trees along the west property line, resulting in a shortage of 15 trees (Chapter 26, "Vegetation", Section 26- 48, "Interior landscaping for all vehicular use areas" requires 1 tree for each 200 square feet of interior vehicle use area,which equals 42 trees). Property is legally described as: Property ID# 5142004000010—the East '/z of the NE '/4 of the NE '/4 of the NE `/4 less south 66 of the North 198 of the SE '/4 of the NE `/4 of the NE '/4 of the NE '/4 less roads and the East 50 of the West '/2 of the NE '/4 of the NE `/4 of the NE '/4; along with Property ID#514204000052-Commencing at the NE corner of the SE '/4 of the NE '/4 of the NE '/4 of the NE 1/4, SLY 132 to the Point of Beginning, continue SLY 66, WLY 330, NLY 66, ELY 330 to Point of Beginning less East 35 Thereof for Road Right of Way. Copies of the proposed request are available for viewing in the Community Development Department, 100 West Dania Beach Blvd., Dania Beach, Florida between the hours of 8:00 a.m. and 4:00 p.m., Monday — Friday; please call (954) 924-6805 x3645 for more information. Interested parties may appear at the public hearing and be heard with respect to the proposed petition. In accordance with the Americans With Disabilities Act, persons needing assistance to participate in any of these proceedings should contact the City Clerk's office, 100 W. Dania Beach Blvd, Dania Beach, FL 33004, (954) 924-6800 x3623, at least 48 hours prior to the meeting. Any person who decides to appeal any decision made by the Planning and Zoning Advisory Board or the City Commission with regard to any matter considered at a meeting or hearing will need a record of the s and for such purpose may need to ensure that a verbatim record of the proceedings is made, proceedings pure Y which record includes the testimony and evidence upon which the appeal is to based. Lou Ann Cunningham Planning Associate Mailed: Friday, April 11, 2008 See Reverse side of this notice for a location map of the site Location Map: N CITY OF DANIA - PUBLIC SERVICES ADMINISTRATION BLDG VA-28-08 IRIOM iR0 I C-g sW zwD sr SnRLING RD it I i Jim III i III FROM I'I I'G — ' THIS SITE I i i I IRS-i i SW 2ND PL LL SW 3RD ST � II I � I SW 3RD PL M ( :U W C CD N M N LL � N > > U n d ¢ U) O N 6 j ~j M [6 i D- OO N (D IS M � � U� LO 0 r- 000 (O m 0 W N M O M O O O O O O c- LO 0 0 0 0 M N N N N N N N (D N 117 01 O W ll0 0 0 47 (l0 O Cl) O O � O 0 Z co 0 0 0 0 0 0 0 LD M M J Vi VNqV MV M M M M O M M M M M Mi M N C V V V d V d V V V V Vi N cN- N N N V 0 0 0 O O CD O OO LL CD O M N O 00 O O O O O O 00 O O O O O O O O LL N N N N N N N N 0 0 � 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 m 0 0 0 O 0 0 0 0 W M M co M M M M M Co CO M M M CO M CO M M M M M M W M M M M M M co M co J M M Cr) M co co M co M M M M Co M Cr) M M M M M M M J J M M M M CO M M CO ¢ J J M J J J J J J J J J J J J J J J J J J J ¢ LL J J J J J J J J p LL LL J LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL U- LL LL LL LL LLLL LLLL w 2 2 J 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 w =) p p p p p p p p � � < < <<< aaaaaaaaaa � aaa � m °O °O °o °0000O °O wwmwww wwWWWWWwww www � ¢ mmmmmmmmmmmmmmmmmmmmmmgm � � � � � � � � ¢ ¢ o ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ g ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ = J J J J J J J J 21OaaDaaaaaa ¢ aaaa ¢ aaa < < < < 0 < O000OOOO O LL p p g p p p p p p p p p p p p p p p p p p p LL m 2 2 2 2 2 2 2 2 M O � d ¢ p Ul > W w p p p W W W W W U) J ° 0 2zU) FSSU) U) � 'c) (D 0 2 22220ddQ2U U F U U C U z E N ¢I Of CO LL' (U LO N_ N It Of Z N J ? N N m N_ N cj N Z Z Z ¢ ¢ ¢ ¢ ¢ ¢ ¢ w 20Nzz (~n � z � � � � � � � � � p � � 3 � � � � w ¢ wwwwwwwo V 'i= J E CL C) � O (DN V I� MTNf� Ou7 a) Mf� O V (D O 00OO � � NNNO U- V V 0 N1 rrrr N0. N N N N r r I-- 0 � N N N N N N N � Z z 7 S Z O W O U) z p d 2 w ¢ m m zw Y z = Z m ¢ O O � LL Q O z U) U o H w O d Z � W O ¢ = Zp m U) h' m � Q w W U U) 2 ¢ O2ZLL. — >- Z Z r 2 W p Z J Y ¢ ¢ ¢ Q � U) F Z U) J MmmJ Z wO JUm ¢ } 2 OY V1 O p V Z � 2 w � W AD' W - m � YJ � F- 00 ¢ wZ W ZF- 2 - S z LLJ Z � o ¢ oiWSa Zw ¢ ZU) JZ -jw � LULU wUm C� O � z � � = co W OF ID < 2W FO zzoz W F, zdQ JmOz — JHOw W ¢ ww LLm -ooO _ � ZLLJ z = aacdZ)0 ¢ zF- � z � � °� � w � g � a ¢ o � omz m M ¢ F-. ¢ ¢ 'o 2 = pp � O2z22 — J >- 2 ¢ J wz LL U) J — 2 w ¢ w � L v U U C O O M M O7 O M O O D M 0 N 0 0 0 0 0 0 M 0 0 0 0 N M 0 0 0 0 M f0 a) p O N 00 O N D- O W N N M 7 N M (n O r W W O O N M 11'0 0 (D 0 00 a) a) O O u0 (O LO I"f� N � 0 0 0 0 0 N O O O O O O O O O O m m V- O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O (p (D(0 .L m 7 m m O N W D7 W O W d) D7 Q7 W W O 1 v-7 c D7 O n OD - - O m c N I m(7 m h M nM � vy � vY ? � `7 YIYo .- r ; — - - LO 07 R m m M 0 M M M 0 M M M M (M M M M M M M M M M M 7 0 <t 7 d' 0 V d' 0 7 � ❑ p pp M cn o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O � N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N � o EzY1 'T � Y �f 'TIIY '7 'T11Y 'T "TvvvY 'T ? YY 'T '" "• 1 ? I 'T1 o m M o o M U 0 ¢ LO 0 lO IA 0 0 LO 0 0 0 LO 0 (O 0 0 0 lO 0 0 0 0 LO l ) (n ((7 LO LO 1O LO M LO IO M M S 0 fn d d GaN a a w a e. 3k W w o =g o C w o � 'm ~RBA da a �o ~ o p � s�2a F� � g� w w LL � L o ■� p m �1I W tfu MCC O mi LLMo � Z MCC o W Y M V -12 O cocc N Mil i Toy $Z oc a W Q ,. • E� z CS, Lim z � z = W � m FL - E � LL d MCC CoW 0 v RA= U � O x W U s m p m ¢ - � W o W x� J O (aJ,N U Q Q W~ d U ¢ Qp 33K Q p 3 m � 3L � o Q 4 K O C Z W g a a � w J � 1 r Q� Q U a O C I t, aoA�:��eiy, �drioow�\i sview�W�%woWei@ia�\� xwo n r 4 =o == U it II J• J� :.:.... �'� y61 3 z — :dam IJL,II 5 ..... _ .... ... 20to'._. z , NBi'S1]]'_ ,+ SBfi'43'043.0]"E J 42.67 9 39 Sv r... .` _. ,,. 47.05'3B E . .. _. Ili w , III k k Y A Rile (O II s •� Al 1 '± III o, f II w g I , : I`.. -. � .... P ,III X - .. III 11I 1 -- II . J Z 411 z , ..... m .__. it 3 z lift"t''111 0 '. j�lll� ., �� � i—Yz I :y4 ff/71� ❑ 00 Q rill] v:s fq t YI j n Y\ \\ . . W 11\\ rW ki, 1 g > � < I i "- �•� i, ;. / o . \\`\\ Gill I l o' / � ✓ �d _U ¢ p J W \� We-009 \�\ w 1vNdsv o f F II i .m.m * III 3 �w IIII b "d z a a w w U w IIII III U I I t ., � � � V. IIII mA� n Y. ri' wW m III own jom a II m u< Ada w e it ow I y �- Wu a i %II I f i y4 ' �' R nit" � m qm : • B ON t Ur W W ICI z✓a x J e C.,PR, s III y § : u O `"�d• '2 II 3AV ONZ M N W < III NO PARKING (s36vds s) - rvs -9 _ III a ..,. E Fin _ & 8 s W' La _. w .. ... ....._... ' z a CITY OF DANIA BEACH CDV.LIMITS a� 4 _'-..r..—'-SB]'�43'4B°W.149. 5 io CITY OF HOLLYWOOD CITY LIMITS 1ggq11 N W J U Wi B] iLi do �a a �8 `8 e 8 I N N� 9 m ii88 4 W m gn it luall pj max a m `fig 5 J, a, w� Q� oil 5 III� pRI ��a�� Eu� 3F�e �@ �I �II I Ell1 11 I � II �r z • 11,11 se en n-arvmro-+rms ve-� van ara-a ansf-eae3� reasrame xri em�mnwu rwsr-men se eoot'lo are vvo :esn �r'idts000�� N �8Op� e j NZ m m J U ZhLLUF�� � tldSjd M. K F qa yty ��9J y y jj FUNNN FiF 9 F 3Rep � 1b,"X SS FS xy Fi FL &s^era s xxx Cl) tlno a g u z S tlNN�7 p W NN K 'F� wwwwT UJa rc8�" a rcaaoo d R € E�8 y� tp ]p ^d. s��'Sd _SS J <b o�w3 �S °� ,wd � 28881d $ 'S4'map Ntl) K 1°6<<°bhyp F Q WMII$USO V�j1N >�2F6 � iii J who Q ° ZK' A$o 833 z Z 0 c� gg y5 a 9 SR s 6� W 9R, R p R9 R& i $ 55 ®® ha40 o ¢ poi h � = VO bg gh u HE @ e s ILLJ 9E � � s � g�g a °�}q @` a �� •�� s�m,�3 e<g� s° . k � @� z@E �Y 5 m$ � 3 t a�i $ �2 5 2`h5 , ffi !aEsh o Ki "0 a t _ € U 6 �� @ °< P S I? g" s9a a J use a x ,Al Ld nREP a Ld $P§ e" W9ggB k �a �3�id 3 � �. H w n a� ��9 ! �€ Rpm RpY R U, g k N77 Cq p „S a � rz W x I avow oNnaus `� �'`� I o, ° w v CO 3 • n. Of Fp1 R I � I a O I O Z �g I ❑ U O m W o � W W � I � I I Q a I b a o m a 'dj g wz g 0 I •« - ,�,,� f'..L lAV ONZ M-N b a u ao , b � • IVLLNICISAH xs o 0 yg 0 I o � g a rrm 33S 3zco g _ W J F O�dio � i 4 �9"� � of '� • mR � � � a oh s U a`sgzo � w W w Cr 90 p� Lou �j - w R w `7E'm$mB - 811 68•`v � g€9 �A`F aZa iwo „�@ RFff a ca ppR EE K a 'Eke S� ` Z Wo aco 0 g o � U) w o � � av a ` U aa � F m a� z E�i d d z w Y 1xOL3N mo K Z � NNIIW tltl31J ��b ~ �y d Gaw y � i S"Y ixoi3x iwNvo 6�+'m z o G � we" 4 4 w F Cy U {{� Z • E� Z ji u t RU A4 0 „a� E lop 'se 6 a g R R RyMal a E ; !.ts. rvJ�iC dm�R � aVinin`Z' a �o¢ hn E�IF s F 0B $ 8 & v w )a Stl� F 3 � m m;Bg S s8 Kw ae ^e BEo E F a b ag mK _fl 10 m a €Hp 4 a K4VWu Cn U U dFdF LL L 9-oZ �a9� �m3 Z v z n _ U z W ' O J LLI 3 p S — a - - - zw — m O — aH 0 UJ LL=m 0 � J oN F z J W } m — 0 � 7� Z LL_ U) P aN Y N cn J §.' O m W p a b .0 w W — — W U { o Ll sg O—- _ .::; . w� �F3 Nzwz ��d��_ _— 3 g3 �e ® i ... �/ U �� 4 aye ewe u qqq .. 77 TTTi Tlf � r ll bV3l £ u t; wa � s Tipz . • • wa u:m:n eooz/aR :•i uw+>urone h n•••a n•i e•a riesaor\saou.wn\nrv=••w.e\r�dlwa\:n :•w^••m p :•.*oomuw lgo,e mnj:•,nn CITY OF DANIA BEACH Agenda Item # Agenda Request Database Date of Commission Meeting: 5-13-2008 Public Hearing Adopt Resolution X❑ Adopt Ordinance (1st Reading) ❑ Adopt Ordinance (2nd Reading) ❑ Award Bid/RFP ❑ Presentation ❑ Continued from: RESOLUTION NO.2008.071 A RESOLUTION OF THE CITY OF DANIA BEACH,FLORIDA APPROVING THE VARIANCE REQUESTS SUBMITTED BY JEFF FALKANGER WITH THE FIRM FALKANGER SNYDER MARTINEAU AND YATES,ARCHITECTS,REPRESENTING DCOTA DEVELOPMENT COMPANY LTD.,PARTNER,C/O COHEN BROTHERS REALTY,FROM CHAPTER 28,-ZONING",ARTICLE 28,-SIGNS-,FOR PROPERTIES LOCATED AT 1815-1825-1855-1875 GRIFFIN ROAD,DANIA BEACH;PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. Dept: Acct#: Amt: Fund: General: ❑ Water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ VA-20-08NA-21-08NA-22-08NA-23-08: Jeff Falkanger,with Falkanger Snyder Martineau and Yates Architects, representing DCOTA Development Company Ltd. Partner, is requesting variances for the size and number of monument signs, and the size and number of wall signs for the property located at 1825 Griffin Road. Resolution Staff Report Applications Public Hearing Notice Location Map Mailing list Site Plans Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 Submitted by Corinne Lajoie Date Department Director Corinne Lajoie Date Assistant City Manager Date HR Director Date Finance Director Date City Attomev Date City Manager Date Commission Action: Approved: ❑ Denied: ❑ Continued to: ❑ RESOLUTION NO. 2008-071 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE VARIANCE REQUESTS SUBMITTED BY JEFF FALKANGER WITH THE FIRM FALKANGER SNYDER MARTINEAU AND YATES, ARCHITECTS, REPRESENTING DCOTA DEVELOPMENT COMPANY LTD.,PARTNER,C/O COHEN BROTHERS REALTY,FROM CHAPTER 28,"ZONING",ARTICLE 28, "SIGNS",FOR PROPERTIES LOCATED AT 1815- 1825—1855—1875 GRIFFIN ROAD, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Dania Beach Code of Ordinances, Chapter 28, "Zoning", Article 28, "Signs"prescribes the signage regulations for properties within the City of Dania Beach; and WHEREAS,Jeff Falkanger,who is the architect representing the property owner DCOTA Development Company Ltd.,Partner,c/o Cohen Brothers Realty,is requesting several variances as follows: VA-20-08 —Variance request to allow a monument sign 40 feet in height (Chapter 28, "Zoning", Article 28, "Signs", allows only one (1) monument sign per development site and does not allow monument signs to exceed 8 feet in height). The property is located at 1825 Griffin Road and is owned by HEI Fort Lauderdale, LLC c/o HEI Hospitality. VA-21-08—Variance request to allow three(3)wall signs,each 86.9 square feet in area(Chapter28, "Zoning", Article 28, "Signs", allows a maximum area no greater than the front footage of the building multiplied by .05, not to exceed 75 square feet for wall signs). The property is located at 1875 Griffin Road, land is owned by Design Center of the Americas c/o Cohen Brothers Realty. VA-22-08 —Variance to allow a monument sign 220 square feet in area facing I-95 (Chapter 28, "Zoning",Article 28 Signs allows monument signs to be located along arterial roadways and limits a monument sign area to a maximum of 48 square feet). The property is located at 1855 Griffin Road and is owned by Design Center of the Americas c/o Cohen Brothers Realty. VA-23-08 — Variance request to allow one (1) wall sign 510 square feet in area (Chapter 28, "Zoning",Article 28,"Signs",allows a maximum area of 75 square feet for wall signs.)Property is known as Building C- 1855 Griffin Road,and is located on property owned by Design Center of the Americas c/o Cohen Brothers Realty; and WHEREAS,the Planning&Zoning Board on April 16,2008,recommended approval of the variance requests, based upon the criteria set forth in Section 10.13 of Article 10, of Chapter 28, q "Zoning", of the Code of Ordinances of the City of Dania Beach; NOW,THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That those certain applications VA-20-08,VA-21-08,VA-22-08 and VA-23-08, from requirements in Chapter 28, "Zoning",Article 28,"Signs"of the City Code of Ordinances are approved. Section 2. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 3. That this Resolution shall be in force and take effect immediately upon its passage and adoption. PASSED and ADOPTED on 2008. ALBERT C. JONES MAYOR-COMMISSIONER ATTEST: LOUISE STILSON,CMC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS BY: THOMAS J. ANSBRO CITY ATTORNEY 2 RESOLUTION#2008-071 CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT DATE: May 13, 2008 TO: Ivan Pato, City Manager FROM: Corinne Lajoie, AICP, Principal Planner cpb ' REQUEST: VA-20-08NA-21-08NA-22-08NA-23-08: Jeff FFalkanger, with Falkanger Snyder Martineau and Yates Architects, representing DCOTA Development Company Ltd. Partner, is requesting variances for the size and number of monument signs, and the size and number of wall signs for the property located at 1825 Griffin Road. VARIANCE 1. To allow a monument sign 40 feet in height; code allows a maximum height of 8 feet. (VA-20-08) 2. To allow a monument sign 220 square feet in area; code allows a maximum of 48 square feet. (VA-22-08) 3. To allow three (3) wall signs, each 86.9 square feet in area; code allows a maximum area no greater than the front footage of the building multiplied by .05, not to exceed 75 square feet. (VA-21-08) 4. To allow one (1) wall sign 510 square feet in area; code allows a maximum area of 75 square feet for wall signs. (VA-23-08) The applicant is requesting new wall and monument signage for the Design Center of the Americans. The subject property is made up of 4 individual properties with several owners and is 33 acres in total area. MONUMENT SIGN The applicant has requested 2 monuments signs on 2 different pieces of property, one at the north end of the DCOTA complex, adjacent to Griffin Road, and the other at the south end of the complex adjacent to Interstate 95. On March 13, 1985 the Sheraton Hotel and Design Center of the Americas were granted a variance to allow 2 pole signs to exceed the 50 s.f. maximum sign area allowed by code at that time for one sign to be 360 s.f. and the other to be 240 s.f. 1. To allow a monument sign 40 feet in height. The first monument sign will be located at the main access drive immediately south of Griffin Road. This monument sign will replace the existing monument sign, which the applicant has indicated is approximately 30 feet tall. The proposed monument sign will be 2.5 feet wide and 40 feet tall. The code allows a monument sign to be a maximum of 8 feet tall. The proposed area of the sign will be 24 square feet, less than the maximum area allowed. 2. To allow a monument sign 220 square feet in area. The second monument sign will be located in the southwest corner of the complex, adjacent to Interstate 95. This monument sign will be set into a raised mound of earth and anchored into the mound. The height of the raised mound has not been provided. Code allows 48 square foot area for monument signs. WALL SIGN A total of 4 walls signs are proposed to be located on 2 separate buildings. 3. To allow three (3)wall signs, each 86.9 square feet in area. The first two wall signs are proposed on the office building, which is located immediately south of the Sheridan Hotel. The proposed signs will read "DCOTA". The signs will be located on the north east corner of the office building facing north (Griffin Road) and on the south east corner facing east toward DCOTA's the main access drive. This sign will be located 260 feet from the Ocean Waterway mobile home park. Code allows a maximum sign area no greater than the front footage of the building multiplied by .05, not to exceed 75 square feet for wall signs. In this case the office building frontage is 122.5 feet long, therefore 61.25 square feet is the maximum sign area allowed by code at this location. The third wall sign proposed will also read "DCOTA". This sign will be located at the north east corner of Building A (south of the office building) facing east toward DCOTA's the main access drive. This sign will be located 313 feet from the Ocean Waterway mobile home park. The maximum sign area permitted for this building is 75 square feet. 4. To allow one (1)wall sign 510 square feet in area This proposed wall sign will read "Design Center of the Americas". It will be located on the south east corner of Building C on both the south and east building elevations but is considered one sign because one electrical system will serve the entire sign. This sign will be located 263' from Ocean Waterway Mobile Home Park. The maximum sign area permitted for this building is 75 square feet. CITY COMMISSION PREVIOUS ACTION On March 13, 1985 the Sheraton Hotel and Design Center of the Americas were granted a variance to allow 2 pole signs to exceed the 50 s.f. maximum sign area allowed by code at that time for one sign to be 360 s.f. and the other to be 240 s.f. PLANNING AND ZONING BOARD RECOMMENDATION On April 16, 2008 the Planning and Zoning Board recommended approval of the requested sign variances. STAFF RECOMMENDATION At the discretion of the City Commission. CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT ROUTING SHEET PLEASE RENEW Route Date F 3/14/2008 M^*�P Log VA-20-08 A PR `0 10�9 Project DCOTA•1825 GRIFFIN ROAD olio 50-42-33-36-0010 MONUMENT SIGN p',s c4'n n i n g R' M fe f PLEASE REVIEW THE ABOVE REFERENCED PRI JM BE INCORPORATED IN THE COMMUNITY DEVELOPMENT DIRECTOR'S STAFF COMMENDATION TO THE PLANNING AND ZONING BOARD AND CITY COMMISSION.THANK YOU. Route Via: Mail ❑ Pick Up ❑ In-house ❑� Fire Marshal ❑ Landscape ❑ BSO ❑ Public Services ❑ Planner ❑ Other Consultants ❑CGA Approved as submitted ❑ Denied ❑ Comments must address prior ❑ Approved w/conditions ❑ to PZ/Commission hearing List Conditions '�J b Signature Date Print Name 1 City Ci of Dania Beach Florida — ;_- Department of Community Development Planning and Zoning Division (954) 924-42o5 Phone www.daniabeachf.gov General Development Application ❑ Administrative Variance ❑ Assignment of Flex/Reserve,Units ❑ Land Use Amendment ❑ Plat �( ❑ Plat Delegation Request ❑ Rezoning MEN LffS����I L'e' Date Rec'd: , `A � V �y ❑ Site Plan pedal Exception Petition No. rT ❑ Trafficway Waiver MAR 1 4 7008 Variance ❑ 'Roadway vacation Pianning ❑ Extended Hours Department ❑ Other: THIS APPLICATION WILL NOT BE ACCEPTED UNTIL IT IS COMPLETE AND SUBMITTED WITH ALL NECESARRY DOCUMENTS. Refer to the application type at the top of this form and "Required Documentation"checklist to determine the supplemental documents required with each application. For after the fact applications, the responsible contractor of record shall be present at the board hearing. Their failure to attend may impact upon the disposition of your application. As always, the applicant or their authorized legal agent must be present at all meetings. All projects must also obtain a building permit from the City's Building Department. /' Locati n Address: /8'2 5 r la- p Block:N Subdivisio :� Rewrded Plat Name: Folio Number(s)-9 .X a;� 31a dO/D Legal``Description: 4=#7 4—Applicant) nsultan egal Representative//(ci cll'e one)V��)t=,a4V� Address of ApplicantIIY /S K(,l! J��3/� g 7 Business Tele hone:f� �57� me: j�� S� 7;L- FIN7/0���7 /� Name of Property Owner:�il ,p ®�L//��,,-/��/L�e' n0,t /G..,� a - d! ,�(r/ ` r �/wy7Y Address of Property Owner:101 ,Yr UI/I 7 COO •'�— , 'rd44&A; r�)6ir! siness Telephone: Home: Fax: E lanation of R uest: I ,. For Plats please provide proposed Plat Name for Yanances please attach Criteria Statement as per Article 10.13 of Chapter 28, Zoning Code. Prop. Net Acreage: Gross Acreage: Prop. Square Footage: Existing Use: Proposed Use: Is property owned individually, by a corporation, or a joint venture? CORPORATION NOTARIZED SIGNATURE: This is to certify that the below referenced corporation is the owner of subject lands described above and that I, as a duly authorized officer, have authorized (Applicant/Consultant/Representative) to make and file the aforesaid application. Sworn to and subscribed before me Corporation Name: This %I~ day of`�209-b Signature: 0 S1 �� VIA ........�ryg10N • VpJa B,20�9F�, �i {1tr�t Name) _ �g� •I a������ * •� #9D504892 ;ex i2•, Sign Name of Notary lic %°r9 . y Pubicnt Title) State Of(\',oa.�a ) / ��I If81.I... �C1 % .111%� f� 0.4 Print Name \of Notary Street Address, City, State and Zip Code Commission Expires: 7A0a Seal: V 0 Telephone No. &Fax No. ]DINT VENTURE/PARTNERSHIP NOTARIZED SIGNATURE: This is to certify that the below referenced that the duly authorized persons are the owners of subject lands described above and that all partners haveauthorized make nd file theaforesaid(Applicant/Consultant/Representative) application. Sworn to and subscribed before me This_day of 20— Signature: Date: (Print Name)** Sign Name of Notary Public State of( ) Print Name of Notary Street Address, City, State and Zip Code Commission Expires: Seal: Telephone No. & Fax No. **Each partner must sign. Attach duplicate sheets as required. Legal Description: DESIGN CENTER HOTEL/OFFICE COMPLEX PB 118, P 11, BROWARD, PARCEL "A" LESS PT DESC AS COMM AT SE CORN PAR A, WLY 260.67, NLY 224.83 TO POB, WLY 122.50 NLY 122.50 ELY 122.50 SLY 122.50 TO POB, & LESS BEG AT SE COR OF PARCEL "A" W 384.75 N 162.05 ELY 242.25, NLY 464.33 TO N/L, E 48.50 TO P/C, ELY ARC DIST OF 94.36 TO NE COR, SLY 620.46 TO POB 1826 Griffin Road Chapter 28,Zoning, Article 28—Signs—requesting a variance to allow an additional monument sign,where the code allows only one (1)monument sign per development site, and to allow a monument sign 40 feet in height,where the does not allow monument signs to exceed 8 feet in height. REQUEST FOR VARIANCE The code limitation does not envision a complex of this size. The height request is also necessary for visibility purposes for such a large, campus-like complex. The criteria for the requested variances are as follows: a) That special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, structures or buildings in the same zoning district. The Design Center of the Americas (DCOTA) is a unique campus-like complex including multiple buildings, extensive parking and landscaping over 9 acres in size. The sheer scope and layout of the Center is unique. This location constitutes a major employment center for Dania Beach and brings in a substantial number of visitors on a daily basis. Many travelers exit the 1-951Griffn Road exit to access DCOTA. There is no comparable complex within Dania Beach. b) That the special conditions and circumstances do not result from the actions of the applicant. The special conditions and circumstances are the result of the physical location of the complex. It is located up against 1-95 on the west with only the access to the property being from Griffin Road to the north. This is not the result of any actions by the applicant. c) That granting the variance request will not confer on the applicant any special privilege that is denied by this chapter to other lands, buildings or structures in the same zoning district. The subject property is the only complex of this type in this same zoning district. Therefore, the granting of the variances has no affect on the privileges available to any other lands, buildings or structures. d) That the literal interpretation of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of this chapter and would work unnecessary and undue hardship on the applicant. The way the code is written unduly restricts the available signage for the complex. Because of its uniqueness as to size and location, the code deprives the applicant and the public of any reasonable visibility of the complex. Many of itS visitors are unfamiliar with the area and this fact together with the available access creates an unnecessary and undue hardship on the applicant. The ability of the public to locate and access the complex is necessary for it to operate successfully. The proposed signage is critical to this success. e) That the variance granted is the minimum variance that will make possible the reasonable use of the land, building or structure. The variances requested are the minimum necessary to accomplish any reasonable visibility and identification of the complex. The request is limited to the minimum necessary for the reasonable use of the property. Any lesser variance granted would defeat the purpose of a variance which is to grant hardship relief when the criterion for a variance has been met as in this case. f) That the grant of this variance will be in harmony with the general intent and purpose of this chapter, and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare. The granting of this variance comports with the general intent and purpose of this chapter which is to grant such relief. It will not be injurious to the area or otherwise detrimental to the public welfare. In fact, the complex needs the requested variances to have a reasonable opportunity for s successful operation. This property is developed with millions of dollars of improvements. It is a large employment center with a highly paid employee base. It attracts a financially secure clientele with many of them new to South Florida. This draws people to Dania Beach who otherwise would be unaware of the location and attributes of Dania Beach. The granting of the variances and the success of the many businesses located within this complex will continue to enhance the property values and aesthetics of the surrounding area. There is no downside to the granting of the variances. Such action will contribute to the overall benefit of the subject property, the surrounding area and the City of Dania Beach. CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT ROUTING SHEET Route Date 3/14/2008 �-t7mr �11� PZ Log VA-21-08 Project DCOTA-1815 GRIFFIN ROAD Folio 50-42-33-36-0012 WALL SIGN APR �E 1008 PLEASE REVIEW THE ABOVE REFERENCED)ROJECT FOR,CO NT TO BE INCORPORATED IN THE COMMUNITY DEVELOPMENT DIRECTOR'S ST FF RECOMiM€ N TJ THE PLANNING AND ZONING BOARD AND CITY COMMISSION.THANK YOU. Cr a ' Route Via: Mail ❑ Pick Up ❑ In-house 0 Fire Marshal ❑ Landscape ❑ BSO ❑ Public Services ❑ Planner Other Consultants ❑CGA Approved as submitted ❑ Denied ❑ Comments must address prior ❑ Approved wlcondftions ❑ to PZ/Commission hearing List Conditions Signature Date Print Name �— City of Dania Beach, Florida Department of Community Development Planning and Zoning Division (954) 924462oS Phone www.daniabeachfi.gov General Development Application ❑ Administrative Variance ❑ Assignment of Flex/Reserve.Units ❑ Land Use Amendment• plat tt�E�� ❑ Pat Delegation Request MIND ❑ Rezoning Date Rec'd: ❑ Site Plan MAR 1 4 2008 ❑ Special Exception Petition No.: ❑/Traff sway Waiver Ria n n'n g ❑ "Roadway Vacation Pepartment ❑ Extended Hours ❑ Other. THIS APPLICATION WILL NOT BE ACCEPTED UNTIL IT IS COMPLETE AND SUBMITTED WITH ALL NECESARRY DOCUMENTS. Refer to the application type at the top of this form and "Required Documentation"checklist to determine the supplemental documents required with each application. For after the fact applications, the responsible contractor of record shall be present at the board hearing. Their failure to attend may impact upon the disposition of your application. As always, the applicant or their authorized legal agent must be present at all meetings. All projects must also obtain a building permit from the Cty's Building Department . 1815 �rl�>cm � d �bntaP,P� �n� ' Location Address: 4 ( L�t(s). Irk Qi A Block::_ Subdivision /�5�'Y1 lP.4 4r IA�J !J-Yf y, L.rJ✓K �" Recorded Plat Name: l �LPi44 f bp ,,��/III__1 W LoJrl {�. Folio Number(s):J`0 33 3!o LY)i2 Legal Descnption:f�rf IAAA Appiican nsulta Legal Representative (drcle one rs Address of Applicant:pee Business Teiephon c®e� oos 567 7v0 2- Fax.. T of 6loZ� Name of Property Owner: Address ofP�rroo� Owner:/Jy N� h�n l[W��Upiracp /I IIY� nft� )ODJ �� Business Tele hp ohe: b O9 —1 f bo Home: Fax:c All�atl�h?f Rend st: nG g� �AU 7r �Z� �/,s f SL S 0&,% For Plats please provide proposed Plat 1V me for Variances pledse attach Criteria Statement as per Article 10.13 of 05apter 28, Zoning Code. Prop. Net Acreage: Gross Aaeage4 Prop. Square Footage: Existing Use: r Proposed Use:l ' Is property owned individually, by a corporation, or a joint venture?0gI'1JD4Ai rr CORPORATION NOTARIZED SIGNATURE: This is to certify that the below referenced corporation is the owner of subject lands described above and }�a aN SJ a UIi auth Zed oA���r, h authorized (Aethen res i applicatit/Represeon. make and file the aforesaid application. T� 7 Sworn to and subscribed before me Corporation Name: (JrY6 Pic This Vs —day of� 20 oEb GJ Signature: Date: Y ( 3 9 g .�Cl§�nt Name) Sign Name of Notary Pub' p0ognt Title) State Of „� �— �i°l'•:airy ppq�c•.• 0���` i 1 Y�c�f1K.,T• `moo��� f��//t�liN\\lN -7 O fi►(� Print Name of Notary Street Addrre�ss, City, State and Zip Code / may+ Commission Expires: 2� 191>) 0�0 /7 d Seal: U Telephone No. & Fax No. JOINT VENTURE/PARTNERSHIP NOTARIZED SIGNATURE: This is to certify that the below referenced that the duly authorized persons are the owners of subject lands described above and that all partners have authorized fletihaaforesaid application Sworn to and subscribed before me This_day of 20_ Signature: Date: (Print Name)** Sign Name of Notary Public State of( ) Print Name of Notary Street Address, City, State and Zip Code Commission Expires: Seal: Telephone No. & Fax No. **Each partner must sign. Attach duplicate sheets as required. Legal Descriotion: Design center Hotel/Office Complex,118-11 B, PT OF PARCEL A DESC'D AS, BEG AT BE COR OR PARCEL A, W 384.75, NLY 162.03, ELY 242.25, NLY 464.33 TO NIL PAR C ELY 48.50 TO PIC, ELY 94.36 TO NE CDR PAR A, SLY 620.46 TO POB AKA: PARCEL 2 1816 Griffin Road Chapter 28,Zoning, Article 28—Signs—requesting a variance to allow(2)walls signs, each 86.9 square feet in area,where the code limits a wall sign to a maximum of 75 square feet in area. REQUEST FOR VARIANCE These variances are necessary due to the sheer size of the building and its location. This is necessary to have reasonable visibility of the subject property for the benefit of visitors to the same location. The criteria for the requested variances are as follows: a) That special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, structures or buildings in the same zoning district. The Design Center of the Americas (DCOTA) is a unique campus-like complex including multiple buildings, extensive parking and landscaping over 9 acres in size. The sheer scope and layout of the Center is unique. This location constitutes a major employment center for Dania Beach and brings in a substantial number of visitors on a daily basis. Many travelers exit the 1-95IGriffin Road exit to access DCOTA. There is no comparable complex within Dania Beach. b) That the special conditions and circumstances do not result from the actions of the applicant The special conditions and circumstances are the result of the physical location of the complex. It is located up against i-95 on the west with only the access to the property being from Gin Road to the north. This is not the result of any actions by the applicant. c) That granting the variance request will not confer on the applicant any special privilege that is denied by this chapter to other lands, buildings or structures in the same zoning district The subject property is the only complex of this type in this same zoning district. Therefore, the granting of the variances has no affect on the privileges available to any other lands, buildings or structures. d) That the literal interpretation of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of this chapter and would work unnecessary and undue hardship on the applicant. The way the code is written unduly restricts the available signage for the complex. Because of its uniqueness as to size and location, the code deprives the applicant and the public of any reasonable visibility of the complex. Many of its visitors are unfamiliar with the area and this fact together with the available access creates an unnecessary and undue hardship on the applicant. The ability of the public to locate and access the complex is necessary for it to operate successfully. The proposed signage is critical to this success. e) That the variance granted is the minimum variance that will make possible the reasonable use of the land, building or structure. The variances requested are the minimum necessary to accomplish any reasonable visibility and identification of the complex. The request is limited to the minimum necessary for the reasonable use of the property. Any lesser variance granted would defeat the purpose of a variance which is to grant hardship relief when the criterion for a variance has been met as in this case. f) That the grant of this variance will be in harmony with the general intent and purpose of this chapter, and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare. The granting of this variance comports with the general intent and purpose of this chapter which is to grant such relief. It will not be injurious to the area or otherwise detrimental to the public welfare. In fact, the complex needs the requested variances to have a reasonable opportunity for s successful operation. This property is developed with millions of dollars of improvements. It is a large employment center with a highly paid employee base. It attracts a financially secure clientele with many of them new to South Florida. This draws people to Dania Beach who otherwise would be unaware of the location and attributes of Dania Beach. The granting of the variances and the success of the many businesses located within this complex will continue to enhance the property values and aesthetics of the surrounding area. There is no downside to the granting of the variances. Such action will contribute to the overall benefit of the subject property, the surrounding area and the City of Dania Beach. = CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT ROUTING SHEET PLEASE Ef L AA1 AN-"'Wb URN}N4€N COMA iIf� S F A IY ��9ryg�"ni^C&�e 11 Route Date 3/14/2008 u y `aZ Log VA-22 OS Project DCOTA-1875 GRIFFINROAD APR 10 1008 lio 50-42-33-38-0010 2 WALL SIGN xh PLEASE REVIEW THE ABOVE REFERENCED COMMUNITY DEVELOPMENT I PRE6 1 RE TOR'S STA �F-idly PLANNING FOIBE INCORPORATED ND ZONING E NING BOARD AND CITY COMMISSION.THANK YOU. }hr Route Via: Mail ❑ Pick Up ❑ In-house W Fire Marshal ❑ Landscape ❑ BSO ❑ Public Services ❑ Planner 0 Other Consultants ❑CGA Approved as submitted ❑ Denied ❑ Comments must address prior ❑ Approved w/conditions ❑ to PZ/Commission hearing List Conditions c-T` Signature Date Print Name - ------X ————— x r City of Dania Beach, Florida Department of Community Development Planning and Zoning Division (954) 924-(,go5 Phone www.daniabeachfl.gov General Development Application ❑ Administrative Variance ❑ Assignment of Flex/Reserve.Units ❑ Land Use Amendment ❑ Plat ❑ Plat Delegation Request HOUR Date Reed: 3 L� ❑ Rezoning HOUR ❑ Site Plan / ❑ special Exception MAP 1 4 2888 Petition No.: Y o ❑/7rafflcway Waiver p' Variance ❑ 'Roadway Vacation Planning ❑ Extended Hours Department ❑ Other. THIS APPLICATION WILL NOT BE ACCEPTED UNTIL IT IS COMPLETE AND SUBMITTED WITH ALL NECESARRY DOCUMENTS. Refer to the application type at the top of this form and "Required Documentation"checklist to determine the supplemental documents required with each application. For after the fact applications, the responsible contractor of record shall be present at the board hearing. Their failure to attend may impact upon the disposition of your application. As always, the applicant or their authorized legal agent must be present at all meetings. All projects must also obtain a building permit from the Gty's Building Department. �_ Q Location Address: l$15 AVl FArl 1I! ���IAIGt ( �G� eY1GQO� �•',�.�: . ` CQa�✓yF fl� vlcdo I�ot(s): a''ce� Blodcnn� Subdivision Recorded Plat NamellA `QIAk V-b P 1YFSf1 rd 5 �✓�114r i II''l2" t` -xJ4 e go tit Folio Number(s):504;t 3�OQIQ Legal Description: rt�T1 tk,d - qq Applicant(Consulta Legal Representative(circle one4R, U N v vnq A. S Address of Applicant:t -sooti1 wj-�5 NU.P glu fe wo 9J4,ov&-&6933/!0 Business Telephon _7&4 6�JrHoe rgill 9-7 FaxQW70�k! 7S Name of Property Owner: lit Y l{' Pt� C 0 fy 0!/S F Address oof..��Property �GjOwner: U �� � /�'Busine�- fel phone4 A 1 600 Home: F.ax::e/ - � /1 "r 3f10hald of RV)Q de a ,SAS �IJ�ln� ��(m SAS U�.9 5°tti I Vl� For Plats please provide proposed Plat Name for Varfances ase attach Cn ria Statement as per Article 10.13 of Chapter 28, Zoning Code Prop. Net Acreage: p Gross Acreager Prop. Square Footage: Existing Useh Ot2 Proposed Use: Is property owned individually, by a corporation, or a joint venture? CORPORATION NOTARIZED SIGNATURE: This is to certify that the below referenced corporation is the owner of subject lands described above and that I, as a- duly a thorized officer, ave authorized (Applicant/ onsul Representative) to make and file the aforesaid application. Sworn to and subscribed before me Corporation Name: This�3{~~dayof�t 20z)% "Ff/I• h` Signature: II Date: `` Q aN B Q'oisF &t Name) 0I J - PRnsloe Sign Name of Notary P lic ?*'; Apo p4 t Title) State of 0 '\r'b v Print Name of Notary Street Address, Ci , State and Zip Code lQa Y Commission Expires: 1w"J Seal: elephone No. &Fax No. ]DINT VENTURE/PARTNERSHIP NOTARIZED SIGNATURE: This is to certify that the below referenced that the duly authorized persons are the owners of subject lands described above and that all partners have tom and file authorized pthe aforesaid application. Sworn to and subscribed before me This_day of 20— Signature: Date: (Print Name)** Sign Name of Notary Public State of( ) Print Name of Notary Street Address, City, State and Zip Code Commission Expires: Seal: Telephone No. & Fax No. **Each partner must sign. Attach duplicate sheets as required. Legal Description: design Center of the Americas, PB119, P 32, Parcel W, NLY 626 1875 Griffin Road Chapter 28,Zoning, Article 28—Signs—requesting a variance to allow(2)walls signs, each 86.9 square feet in area,where the code limits a wall sign to a maximum of 75 square feet in area. REQUEST FOR VARIANCE These variances are necessary due to the sheer size of the building and its location. This is necessary to have reasonable visibility of the subject property for the benefit of visitors to the same location. The criteria for the requested variances are as follows: a) That special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, structures or buildings in the same zoning district The Design Center of the Americas (DCOTA) is a unique campus-like complex including multiple buildings, extensive parking and landscaping over 9 acres in size. The sheer scope and layout of the Center is unique. This location constitutes a major employment center for Dania Beach and brings in a substantial number of visitors on a daily basis. Many travelers exit the 1-95/Griifin Road exit to access DCOTA. There is no comparable complex within Dania Beach. b) That the special conditions and circumstances do not result from the actions of the applicant. The special conditions and circumstances are the result of the physical location of the complex. It is located up against 1-95 on the west with only the access to the property being from Griffin Road to the north. This is not the result of any actions by the applicant. c) That granting the variance request will not confer on the applicant any special privilege that is denied by this chapter to other lands, buildings or structures in the same zoning district. The subject property is the only complex of this type in this same zoning district. Therefore, the granting of the variances has no affect on the privileges available to any other lands, buildings or structures. d) That the literal interpretation of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of this chapter and would work unnecessary and undue hardship on the applicant. The way the code is written unduly restricts the available signage for the complex. Because of its uniqueness as to size and location, the code deprives the applicant and the public of any reasonable visibility of the complex. Many of its visitors are unfamiliar with the area and this fact together with the available access creates an unnecessary and undue hardship on the applicant. The ability of the public to locate and access the complex is necessary for it to operate successfully. The proposed signage is critical to this success. e) That the variance granted is the minimum variance that will make possible the reasonable use of the land, building or structure. The variances requested are the minimum necessary to accomplish any reasonable visibility and identification of the complex. The request is limited to the minimum necessary for the reasonable use of the property. Any lesser variance granted would defeat the purpose of a variance which is to grant hardship relief when the criterion for a variance has been met as in this case. f) That the grant of this variance will be in harmony with the general intent and purpose of this chapter, and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare. The granting of this variance comports with the general intent and purpose of this chapter which is to grant such relief. It will not be injurious to the area or otherwise detrimental to the public welfare. In fact, the complex needs the requested variances to have a reasonable opportunity for s successful operation. This property is developed with millions of dollars of improvements. It is a large employment center with a highly paid employee base. It attracts a financially secure clientele with many of them new to South Florida. This draws people to Dania Beach who otherwise would be unaware of the location and attributes of Dania Beach. The granting of the variances and the success of the many businesses located within this complex will continue to enhance the property values and aesthetics of the surrounding area. There is no downside to the granting of the variances. Such action will contribute to the overall benefit of the subject property, the surrounding area and the City of Dania Beach. = CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT ROUTING SHEET PLEltiSE �il ,� �„ME�t �t1Y 4 ., d Route Date 3/14/2008 APR `O 2008 PZ Log VA-23-08 Project DCOTA-1855 GRIFFIN ROAD y2 j� ,�., �r� Folio 50-42-33-38-0020 1 MONUMENT I t WALL SIGN p _ ''" I 0w Pa. - ant PLEASE REVIEW THE ABOVE REFERENCED PROJECT FOR COMMENTS TO BE INCORPORATED IN THE COMMUNITY DEVELOPMENT DIRECTOR'S STAFF RECOMMENDATION TO THE PLANNING AND ZONING BOARD AND CITY COMMISSION.THANK YOU. Route Via: Mail ❑ Pick Up ❑ In-house ❑ Fire Marshal ❑ Landscape ❑ BSO ❑ Public Services ❑ Planner W Other Consultants ❑cGA Approved as submitted ❑ Denied ❑ Comments must address prior ❑ Approved w/conditions ❑ to PZ/Commission hearing List Conditions ' - (4/0 -� Signature Date Print Name -------%------ —————————- _ City of Dania Beach, Florida Department of Community Development Planning and Zoning Division (954) 924-W5 Phone www.daniabeachfl.gov General Development Application ❑ Administrative Variance ❑ Assignment of Flex/Reserve.Units ❑ Land Use Amendment ❑ Plat ❑ Plat Delegation Request ❑ Rezoning C►�kit Date Reed: Cl Site Plan -aZ3 AV❑ Special Exception Petition No.: ❑/Trafficway Waiver PAR 1 4 2DDB R' Variance ❑ Roadway Vacation Nanning ❑ Extended Hours Department ❑ Other. THIS APPLICATION WILL NOT BE ACCEPTED UNTIL IT IS COMPLETE AND SUBMITTED WITH ALL NECESARRY DOCUMENTS. Refer to the application type at the top of this form and "Required Documentation"checklist to determine the supplemental documents required with each application. For after the fact applications, the responsible contractor of record shall be present at the board hearing. Their failure to attend may impact upon the disposition of your application. As always, the applicant or their authorized legal agent must be present at all meetings. All projects must also obtain a building permit from the Gty's Building Department N ?Lora on Address: .� �> I n l�(. Q UC1�}••� Q� : "Tt V B :� Subdivision: Recorded Plat Name: � Ge "4 �, 5m{ �� Folio ube 3f Legal Description: 6C4 � Applican onsultan al(Representative(circle one K l i �C(l(I NAPY, itt,Cl( !!�fV Add q of`ApPlicanty:��JOI/fN�M�I(9��!/�/S �}'1Ci°�N//0 �tt/lK �d0� �,L� ,l1�, n� 333/VVV� Busi ts e)IephoneAi L- 2r eL11 T 577 7Y�- Fax:1, Y�" 7 4 f - L Name of Property Owner: �-r� ISO LV (1) , VI� ���v; A/jyy�__ 4 Or�e/1 �l IIGYS 4CI.Q� . Ad of Property Owner If�fl� A-0w, C;W' l gr. tq,�aetlonofftqu Bu eessNlephonJ3f J U D �QHome: I nFax:t � Iats please provide proposed Nat Name for Iva ances please attxh o7teria s tement as per G VA Article 1a13 of napter28, Zoning Cade. f Prop. Net Acreage: Gross Acreage! Prop. Square Footage: Existing Use:MeQ Proposed Use: Is property owned individually, by a corporation, or a joint venture? CORPORATION NOTARIZED SIGNATURE: This is to certify that the below referenced corporation is the owner of subj lands described above and t o s a ly authorized i r, ha authorized make and and fi e I'a aforesai applicationRepresentative) Sworn to and subscribed before me Corporation Name: -/ Cp,�fM VK v This J _day of^t , 20 u t `\III\111111111�lllll Signature: 0: Rz . ....EI'p. 4h Date: C4 he �� g �510N .•� a �i1rint Name) ''2'• zo� •�''e�` g'•'�+ry RtlRw .' O� Sign Name of Notary Publi q���I j..+,`�` (Print Title) State of Print Name of Notary Street Address, City,State and Zip Code �— Commission Expires: Seal: Telephone No. & Fax No. JOINT VENTURE/PARTNERSHIP NOTARIZED SIGNATURE: This is to certify that the below referenced that the duly authorized persons are the owners of subject lands described above and that all partners have authorized ake and file aforesaid application. to m (Applicant/Consultant/Representative) Sworn to and subscribed before me This_day of 20— Signature: Date: (Print Name)** Sign Name of Notary Public State of( ) Print Name of Notary Street Address, City, State and Zip Code Commission Expires: Seal: Telephone No. &Fax No. **Each partner must sign. Attach duplicate sheets as required. Legal Description: DESIGN CENTER OF THE AMERICAS, PB 119. P 32 BROWARD COUNTY, PARCEL"A', LESS NLY 626 1855 Griffin Road Chapter 28,Zoning, Article 28—Signs — requesting a variance to allow (1) monument sign 220 square feet in area,facing 1-95,where the code requires monument signs to be located along arterial roadways and limits a monument sign area to a maximum of 48 square feet and to allow a wall sign 86.9 square feet in area, where the code limits a wall sign to a maximum of 75 square feet in area. REQUEST FOR VARIANCE These variances are necessary due to the size of the total complex. The code limitation does not envision a complex of this size. The size and location of the specific building requires an additional wall sign for any reasonable visibility. The monument sign square footage is necessary because of the distance to 1-95 with the only access exiting from Griffin Road to the north requiring visitors to generally approach the complex from US1 to the east or to utilize 1-95 at the Griffin Road exit. These geographical approaches require such signage visibility to assist the public in locating the complex. The criteria for the requested variances are as follows: a) That special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, structures or buildings in the same zoning district. The Design Center of the Americas (DCOTA) is a unique campus-like complex including multiple buildings, extensive parking and landscaping over 9 acres in size. The sheer scope and layout of the Center is unique. This location constitutes a major employment center for Dania Beach and brings in a substantial number of visitors on a daily basis. Many travelers exit the 1-95/Griffn Road exit to access DCOTA. There is no comparable complex within Dania Beach. b) That the special conditions and circumstances do not result from the actions of the applicant The special conditions and circumstances are the result of the physical location of the complex. It is located up against 1-95 on the west with only the access to the property being from Griffin Road to the north. This is not the result of any actions by the applicant. c) That granting the variance request will not confer on the applicant any special privilege that is denied by this chapter to other lands, buildings or structures in the same zoning district The subject property is the only complex of this type in this same zoning district. Therefore, the granting of the variances has no affect on the privileges available to any other lands, buildings or structures. d) That the literal interpretation of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of this chapter and would work unnecessary and undue hardship on the applicant. The way the code is written unduly restricts the available signage for the complex. Because of its uniqueness as to size and location, the code deprives the applicant and the public of any reasonable visibility of the complex. Many of its visitors are unfamiliar with the area and this fact together with the available access creates an unnecessary and undue hardship on the applicant. The ability of the public to locate and access the complex is necessary for it to operate successfully. The proposed signage is critical to this success. e) That the variance granted is the minimum variance that will make possible the reasonable use of the land, building or structure. The variances requested are the minimum necessary to accomplish any reasonable visibility and identification of the complex. The request is limited to the minimum necessary for the reasonable use of the property. Any lesser variance granted would defeat the purpose of a variance which is to grant hardship relief when the criterion for a variance has been met as in this case. f) That the grant of this variance will be in harmony with the general intent and purpose of this chapter, and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare. The granting of this variance comports with the general intent and purpose of this chapter which is to grant such relief. It will not be injurious to the area or otherwise.detrimental to the public welfare. In fact the complex needs the requested variances to have a reasonable opportunity for s successful operation. This property is developed with millions of dollars of improvements. It is a large employment center with a highly paid employee base. It attracts a financially secure clientele with many of them new to South Florida. This draws people to Dania Beach who otherwise would be unaware of the location and attributes of Dania Beach. The granting of the variances and the success of the many businesses located within this complex will continue to enhance the property values and aesthetics of the surrounding area. There is no downside to the granting of the variances. Such action will contribute to the overall benefit of the subject property, the surrounding area and the City of Dania Beach. VA-20-08 / VA-21-08 VA-22-08 / VA-23-08 NOTICE OF PUBLIC HEARING CITY OF DANIA BEACH NOTICE IS HEREBY GIVEN that a public hearing will be held before the City Commission, on TUESDAY, May 13, 2008 at 7:00 p.m., or as soon thereafter as possible in the Dania Beach City Commission Room, Administrative Center, 100 West Dania Beach Blvd., Dania Beach, Florida 33004,for the purpose of hearing any comments which might be made to the following request: Request by Jeff Falkanger with the firm Falkanger Snyder Martineau and Yates Architects representing DCOTA Development Company Ltd., Partner, c/o Cohen Brothers Realty for the following: VA-20-08—Variance request to allow a monument sign 40 feet in height. (Chapter 28, "Zoning",Article -. 28, "Signs", allows only one (1) monument sign per development site and does not allow:monuments signs to exceed 8 feet in height). Property is located at 1825 Griffin Road and is owned by HEI Fort Lauderdale, LLC c/o HEI Hospitality. Property is legally described as: 5042-33-36-0010 - DESIGN CENTER HOTEL/OFFICE COMPLEX PB 118, PG 11, BROWARD PARCEL "A" LESS PT DESC AS COMM. AT SE CORNER PAR A, WLY 260.67, NLY 224.83 TO POB, WLY 122.50 NLY 122.50 ELY 122.50 SLY 122.50 TO POB, AND LESS BEG AT SE COR OF PARCEL "A" W 384.75 N 162.05 ELY 242.25, NLY 464.33 TO N/L, E 48.50 TO P/C, ELY ARC DIST OF 94.36 TO NE COR, SLY 620.46 TO POB. VA-21-08 — Variance request to allow three (3) wall signs, each 86.9 square feet in area. (Chapter 28, "Zoning", Article 28, "Signs", allows a maximum area of 75 square feet for wall signs). Property located at 1875 Griffin Road, property owned by Design Center of the Americas c/o Cohen Brothers Realty. Property is legally described as: 5042-33-38-0010 - DESIGN CENTER HOTEL/OFFICE COMPLEX 118-11 B,PT OF PARCEL A DESC'D AS BEG AT SE COR OF PARCEL A, W 384.75 NLY 162.03, ELY 242.25, NLY 464.33 TO N/L PAR C ELY 48.50 TO P/C, ELY 94.36 TO NE COR PAR A, SLY 620.46 TO POB AKA: PARCEL 2. Property located at 1855 Griffin Road, property owned by Design Center of the Americas c/o Cohen Brothers Realty. VA-22-08— To allow a monument sign 220 square feet in area facing 1-95. (Chapter 28, Zoning Article 28 Signs allows monument signs to be located along arterial roadways and limits a monument sign area to a maximum of 48 square feet). Property is located at 1855 Griffin Road and is owned by Design Center of the Americas c/o Cohen Brothers Realty VA-23-08 —Variance request to allow one (1) wall sign 510 square feet in area. (Chapter 28, "Zoning", Article 28, "Signs", allows a maximum area of 75 square feet for wall signs.) Property located on Building C - 1855 Griffin Road, property owned by Design Center of the Americas c/o Cohen Brothers Realty. Property is legally described as: 5042-33-38-0020 - DESIGN CENTER OF THE AMERICAS, PB 119, PG 32, PARCEL"A",NLY 626. Copies of the proposed request are available for viewing in the Community Development Department, 100 West Dania Beach Blvd., Dania Beach, Florida between the hours of 8:00 a.m. and 4:00 p.m., Monday — Friday, please call (954) 924-6805 x3645 for more information. Interested parties may appear at the public hearing and be heard with respect to the proposed petition. In accordance with the Americans With Disabilities Act, persons needing assistance to participate in any of these proceedings should contact the City Clerk's office, 100 W. Dania Beach Blvd, Dania Beach, FL 33004, (954) 924-6800 x3623, at least 48 hours prior to the meeting. Any person who decides to appeal any decision made by the Planning and Zoning Advisory Board or the City Commission with regard to any matter considered at a meeting or hearing will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to based. Lou Ann Cunningham Planning Associate Mailed: Friday, May 2;2008 Location Map: DCOTA Sign Variances I; VA40-08 1.\RS-6060 mIANOROS PL� \ \ VA-21-08 I BARBADOS.BLVD N �\ t - S , CAT CAY CT �P j i T-7 � DOMINIOA ST a OCEAN WATERWAY BLVD DIAWIA ST .___._ i C-4 ,1 n i w C-4(6R) } i IROC I n I Y 1,1 1 � I _ IV m 0 O U , M 04 0 N N N ❑ Q Q Q > > O N } O M O Z O N r O) W N r N O to 0 Q � QQ M (00 to CD N N 0000 rNNN N N N N W U > > M N N co CD W N N co N N N N N N N N J J N ' 1� J l0 0) CD O) 00 V 00000 Q LL M N CO U- co N N N N E O O O O O O O O M m W N r• N N N N to M CO CO CO CO M M M J I MMJ � P'� V) 0000 MMMM MM MM < - CO Q CDO O CD O J J J J J J J J ❑ CD JOf 04 LL O q co r r r r LL LL LL LL LL LL LL LL W f- z z w O I h U Z z z z � U U U U U U U O 000co T M MEW WWWWW W W � gmQ � g � -J000O00mmmmmmmm 2of 0> Wog � � � � zzzzzzzz C)mogmm � ozzzzzw000000oo I M N CD uS 0p o 0 Y O # Cl) > M04 CO N dNONN -' N w � .: Lo mOztn W M � OZZZZ W WLL W f- ww -- O � fno W '2 � W � Om 0000Kw -LL, zU < QNQ ZN Q�oWZ_ 00 � � WZ_ Z_ Z_ Z_ WLLom � ZZ J cGC6 (7 z (q 2' HX � xxXXXYJJ2 � � Q � fs ca;� ¢ r Q0 ZQzaf0 �i c) 0 W W W W W W DOOQOOz < G31;N 00 }Q m m m 2JJ J -3000 7= < Or ¢ )n U) o m o o O r o 0 o 0 0 0 0 2 U 0 0 o N �;::•� � rrC r O) UO V I- C) m In 0 LO0 a r N to u0M r r r r r M r LL r h 1— 1� I- N M s- r r 00 CO r N f4T t� Z 0 O W U m — N Z U z < Q U � U J a U w -j ¢ z x o m L -- a. < H ° � aZ < 0) 0_ WQ ° 0 w Zo Ojz = Z < LLO Q > > Q � o HQoz ocn U- ¢ } wOJ = (7 }} r t- W FO � LLZU < MOOr mC7 < � mz Dew OwW � wUwO � ¢ �awWzOmm wOUow � W - UwozZ ; Z) O � < att :5m � moo � ¢ mZ} cm � moma � owm .6w , 0 < � QZO < I- ZmZQoZZ¢ JOww < 2mo ¢ Wg-<<-j wo 'ow8 :5U, 0` agWwv ¢ Q = a 2 m LL m J LL m W x U r O O Z z O x U a O W U W WJ O O O O O N O r O N ` to O O O O O O O LL r l N r t n d 1 N < m N O O O O O o O O O O O O o O r i, O 00 M Z Q x 0 0 0 0 0 0 0 o 0 0 0 0 o 0 0 0 0 . 0 N U .� 61, Tou; 6 (ococoobao o) 6zzzzzzz < ZQ OO OOOMMCJ t�) Mv � ZZZZZZZ LL oW W CO 00 OD (h M M M M M Fl M M M M (`� 0 m N N N N M M M M M M M M M M M M M M M M M co O < 0 _ N N N N N N N N N N N N N N N N CV N N N N y� r o z az. o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Q QwMLOinu) u') )oi) UnLO nM0LnLnLOLO n nmLO c14 U 10 City of Dania Beach, Florida u Department of Community Development Planning and Zoning Division (954)924-(,go5 Phone www.daniabeachfl.gov General Development Application ❑ Administrative Variance ❑ Assignment of Flex/Reserve,Units ❑ Land Use Amendment❑ Plat a,fS61� gy �q 1! ❑ Plat Delegation Request Date Rec'd: 3 �� ❑ Rezoning MAR 1 4 1000 ` /n ❑ Site Plan V/� ❑ pedal Exception Petition No. ❑/TrafflcwayWaiver �( 6 � Q Variance Department ❑ Roadway Vacation ❑ Extended Hours ❑ Other: THIS APPLICATION WILL NOT BE ACCEPTED UNTIL IT IS COMPLETE AND SUBMITTED WITH ALL NECESARRY DOCUMENTS. Refer to the application type at the top of this form and "Required Documentation"checklist to determine the supplemental documents required with each application. For after the fad applications, the responsible contractor of record shall be present at the board hearing. Their failure to attend may impact upon the disposition of your application. As always, the applicant or their authorized legal agent must be present at all meetings. All projects must also obtain a building permit from the City's Building Department. �Locati n Address: u L Block:N Subdivisio :�X Recorded Plat Name: Folio Number(s)—Q 61l Legal Description: 7 Applicant/ sultan n regal Representative ,(circle one)��� /e p Address of Applicant 7s/a- od" 117 c/S e raw SiAl �n7/ Business Tele hone:i y 0�7� too ! A57 F "' ?��� Name of Property Owner:i&1 69 /l—_D��&'C /C�j�J �1, _ z Address of Property Owner:101 /r'l� 7 00le� � '� J��—'rd& ori)tor Dpsiness Telephone: Home: Fax: ea f '� yy,J►w sue. !�,k� Explanation of R u!st: ,g�Lre� For Plats please provide proposed Plat Name for Variances please attach Cri erra Statement as per Artide 10.13 of Chapter 28, Zoning Code. Prop. Net Acreage: Gross Acreage: Prop. Square Footage: Existing Use: Proposed Use: Is property owned individually, by a corporation, or a joint venture? Legal Description: DESIGN CENTER HOTEUOFFICE COMPLEX PB 118, P 11, BROWARD, PARCEL 'A' LESS PT DESC AS COMM AT SE CORN PAR A, WLY 260.67, NLY 224.83 TO POB, WLY 122.50 NLY 122.50 ELY 122.50 SLY 122.50 TO POB, & LESS BEG AT SE COR OF PARCEL "A' W 384.75 N 162.05 ELY 242.25, NLY 464.33 TO N/L, E 48.50 TO P/C, ELY ARC DIST OF 94.36 TO NE COR, SLY 620.46 TO POB 1825 Griffin Road Chapter 28,Zoning,Article 28—Signs—requesting a variance to allow an additional monument sign,where the code allows only one (1)monument sign per development site, and to allow a monument sign 40 feet in height,where the does not allow monument signs to exceed 8 feet in height. REQUEST FOR VARIANCE The code limitation does not envision a complex of this size.The height request is also necessary for visibility purposes for such a large, campus-like complex. The criteria for the requested variances are as follows: a) That special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, structures or buildings in the same zoning district The Design Center of the Americas (DCOTA) is a unique campus-like complex including multiple buildings, extensive parking and landscaping over 9 acres in size. The sheer scope and layout of the Center is unique. This location constitutes a major employment center for Dania Beach and brings in a substantial number of visitors on a daily basis. Many travelers exit the 1-951IGnffin Road exit to access DCOTA. There is no comparable complex within Dania Beach. b) That the special conditions and circumstances do not result from the actions of the applicant. The special conditions and circumstances are the result of the physical location of the complex. It is located up against 1-95 on the west with only the access to the property being from Gruen Road to the north. This is not the result of any actions by the applicant. c) That granting the variance request will not confer on the applicant any special privilege that is denied by this chapter to other lands, buildings or structures in the same zoning district. The subject property is the only complex of this type in this same zoning district Therefore, the granting of the variances has no affect on the privileges available to any other lands, buildings or structures. d) That the literal interpretation of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of this chapter and would work unnecessary and undue hardship on the applicant. The way the code is written unduly restricts the available signage for the complex. Because of its uniqueness as to size and location, the code deprives the applicant and the public of any reasonable visibility of the complex. Many of its visitors are unfamiliar with the area and this fact together with the available access creates an unnecessary and undue hardship on the applicant. The ability of the public to locate and access the complex is necessary for it to operate successfully. The proposed signage is critical to this success. CORPORATION NOTARIZED SIGNATURE: This is to certify that the below referenced corporation is the owner of subject lands described above and that I, as a duly authorized officer, have authorized (Applicant/Consultant/Representative) to make and file the aforesaid application. Sworn to and subscribed before me Corporation Name: This Yr day of";N 20-SIB Signature: BAILFy��i,��/Date: ����. �5510N�• pJ�' 8.2p /yt•. i �S 'O s'{ t Name) �o` Sign Name of Notary lic '��i•. p° .••• nt Title) State Of SE\\ " 11//lllllllll111\\ Print Name of Notary Street Address, City, State and Zip Code Commission Expires: Zc1J Seal: Telephone No. &Fax No. JOINT VENTURE/PARTNERSHIP NOTARIZED SIGNATURE: This is to certify that the below referenced that the duly authorized persons are the owners of subject lands described above and that all partners have authorized (Applicant/Consultant/Representative) to make and file the aforesaid application. Sworn to and subscribed before me This_day of 20_ Signature: Date: (Print Name)** Sign Name of Notary Public State of( ) Print Name of Notary Street Address, City, State and Zip Code Commission Expires: tel: Telephone No. &Fax No. **Each partner must sign. Attach duplicate sheets as required. 9191-9(i(.96) if l'.-60iif it IiYOk300V 803 '3MN V SM3dQ.1 KNON 0099 VCId0�3 ,dNnO0- HDV'39 yNIG JG kl D W ` Lee I9l (1 L d '811 8 d) X3]dW03 301]3G/-13-0H �d-IN]3 NCIS3C „V„ ]03Vd ]0 N011,']Od t SNOA3AU/IS SN3NNV7d 'Sd33N19N3 N g 'V*d `S2HVNHDS Puyz HJUHMoil I i s } ' A3Amns JIHdVH90d01 UNH ),mvaNnos a 6°PNiaoN a3lN3J No's3a/sY6s1/3rrove/z ``>mwm <w h='a�>_ a 9— <�Caap - ., '7piz=t3 Y�` h�M,y:k' miw`Haah .`.Yh 63y �w>�, z p% g 's X- YC A '"��- Y kY C�:`w34w w=-1poaoo �y—o o =h`� a �R� gNaYenaaNgYpg �, • 4cmC" $n ` IPtr O - Nl.o J-2 ?g'tl'O ao_�G'd'^ � n9 u ^ 2- le �" C>taa= =gp Sao= 'x' 0 3< os vrov aboPsvurx 3'".-^ :Y Yo yJN `� 6Y� -- a . ya N,oNY�o� a _w =amhNma " > % b - ag alga �Sm 'agiw Wj =<�aJ&Y�i@�y M. I > - wY &�'< = ti awu_d e- ap 5 > .h Ad w t cJ 1 � z� .hia_FSh hb= wumm�hr�wk'�„tt Y^so4yh'Y�u: gab W � 4 < -�Ev;.Ro - ���; �ia�W�<�5.`.• � q8: Yk.� `„ �4"`d,=,=h�'b4��, -�4=g��h�=Y�"=" 0ag's "s €gym § .•" , a��'s " s `Y �``o� aab hg � e bYoB a 3uF�fsg.h s = Nahoh 3rg�Q her` w 5� _ _ � h<�e ^a-=_=i §C���h§ �o==" �• ..z�a�z5�a��`= C-=`pix ga a wgx uuae Yw»=ahaa"� zW ?%.tww7"z Nz s= `a .-g es w. s a RFI Y- �mo�Eo" �� � �a�� �mwe.�w_ x>•a �� � -4 4i 8i'i Ya4 »£ smTi�k 388C 4E'� 'd ia L esi4' kN C8'3E 99 9d '01 'a d) lb'-Id SW-lVd Q0CMA,710H 03QN3WV 1a36 '11 3d 911 6'm (ONI8v39 33N383338) b V. 13UVd 3N11 ISV3 1,J 9b' 9 3.EE.0Z.10 P Mw n Y nxv n v 1rPY n 3 tm 3aN1 oYu.a e�mly '•I. 3a .P3...m al � i�i.a'p az1.'i<-:.m.<. 3 � .d.,.,m e " . 'j" ��.."' :Yd I`a - &_ ^ ° ° R o W Y I-e " •I • b ! '"E Bn Yal Pq ^ J v A .pP�r %3-M03 3Ji!!O/1310H 9{qa ..r�..�JU Y-.: �e • b31N3. NOIS30 ( x aq d@ 133atd D y Y rcm co 03 3 ,EE'496s M.EE.OH. ON�y._ a 7\- a ;'drm7d.'4G�SA� : fl •• ; Y f :_ �w• ° � w°' s'•Q� � 61 � Y 3` 7 9 a1. E— _ _��IL �Y— "II ..° "I ^A • ° I 1 lot Y_'d21 n.LE.0i.1P1 N N d{ ^w ¢ SaR 2� I. �. Z " L � F� \•p� m Tv9vv Pv293>YvsS;...at9e zlk 6 Y a" ! 7S {. 1 a g a a �--f I z i;4li�ily�y �I�€i$i°a�i P I li I e I $ w m .x'zz1 3.Luoz.lYv Z J m M.EE.02.ION - Gwl°.36a5>EeY ii Ya 3ev°v>e Y--• - _ Y. eqy lz I Iro sy l = I r s Egg e o ¢ s w I l gIN s I z a o �000 0000 O ® O � O 00 _ _ r $ §� s � 3 _ _ M H IR HH s = a � _ O $ � - v s zUJ a $ ° z LU m a a J cc e I I 1 — p•£E � O 3 f ' CD ❑ 3 C wI ° f ay ry f i f 1 k E tl d a a CD EE V Z J. ESJ. J - � � Z _ ° $ c •, it 8SS ® a • fIY ��€ � � o Z \pi z ox1 j CJ F u W F O rc C.0 sq UP U I 3 t - _--- ---- .h O a SE i�itlt th, 4tEYRI i` t 46 I a li p 8 Y Su y� , d4 �i ' u°E O O °cec,ti vEm� cO �abaR9Eo uc s..a .,o _ _ sEc epp 'c 9F �en._ A3E$ 8 NcFa� muc @tJs ° City of Dania Beach, Florida Department of Community Development Planning and Zoning Division (954) 924-Qo5 Phone www.daniabeachfi.gov General Development Application ❑ Administrative Variance ❑ Assignment of Flex/Reserve.Units ❑ Land Use Amendment ❑ Plat ❑ Plat Delegation Request z ❑ Retuning Date Rec'd:❑ Site Plan❑ Special ExceptionPetition No..�1Qi S❑/TrafNcway Waiver 8 Variane ❑ "RoadwayVacation❑ Extended Hours ❑ Other. THIS APPLICATION WILL NOT BE ACCEPTED UNTIL IT IS COMPLETE AND SUBMITTED WITH ALL NECESARRY DOCUMENTS. Refer to the application type at the top of this form and "Required Documentation'cheddist to determine the supplemental documents required with each application. For after the fad applications, the responsible contractor of record shall be present at the board hearing. Their failure to attend may impact upon the disposition of your application. As always, the applicant or their authorized legal agent must be present at all meetings. All projects must also obtain a building permit from the CWs Building Department. Location Address: lot l &Irli"fi►1 Read i )AAla" I- A , '.f'I(.onl d a—,/L . I�t(s). Blo&:: 'A-_•' S""ubdivii�sioni�CS{�i}i1 ID.Llnlfr �TD�.1�/�1� Wr'R - Recorded Plat Name) s�m� W I��, 5P j_�1 R .P 11 i lU l0✓rl� Folio Number(s).rJO�oZ 33 3(o 0012 Legal Description``:A4hKjrAM Applicant/�Legal Representative(drde on FM # s Address of Applicant:o88 sovo hdrtw< krAge, �A too. 9 roc.� . Business Telephor�q �i� 657C F eerie: 65i7 7072- Faxq Mf 8t0;1 a- Name of Property Owner: IAI;5 1,ld(* lA CV MI)NM -1�o�IL� Address of Pro7�z Ocwyner:l 6D ► �^f 11✓) UL ta0 /I �Y(r0 � Business Tel i m gD� Home: Fax: CoZ �1HIIlDi�L1�) L G �/; ana oh of Request: UpJT�2� S O�0�7 2IGlj H Gil�(�e-. For Plats please provide proposed Plat N me for Variances p 'Se attach Criteria Statement as per Arbde 10.13 of Chapter 28, Zoning Code. Prop. Net Acreage: /,Grosls Acreage a Prop. Square Footage: Existing Use: Off RG.t(rpm Proposed Use:N Is property owned individually,, by a—corporation, or a joint venture?Qgoo Legal Description: Design center Hotel/Office Complex,118-11 B, PT OF PARCEL A DESC'D AS, BEG AT SE CDR OR PARCEL A, W 384.75, NLY 162.03, ELY 242.25, NLY 464.33 TO N/L PAR C ELY 48.50 TO PIC, ELY 94.36 TO NE COR PAR A, SLY 620.46 TO POB AKA: PARCEL 2 1815 Griffin Road Chapter 28,Zoning, Article 28—Signs—requesting a variance to allow(2)walls signs, each 86.9 square feet in area,where the code limits a wall sign to a maximum of 75 square feet in area. REQUEST FOR VARIANCE These variances are necessary due to the sheer size of the building and its location. This is necessary to have reasonable visibility of the subject property for the benefit of visitors to the same location. The criteria for the requested variances are as follows: a) That special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, structures or buildings in the same zoning district. The Design Center of the Americas (DCOTA) is a unique campus-like complex including multiple buildings, extensive parking and landscaping over 9 acres in size. The sheer scope and layout of the Center is unique. This location constitutes a major employment center for Dania Beach and brings in a substantial number of visitors on a daily basis. Many travelers exit the 1-95/Griffln Road exit to access DCOTA. There is no comparable complex within Dania Beach. b) That the special conditions and circumstances do not result from the actions of the applicant The special conditions and circumstances are the result of the physical location of the complex. It is located up against I-95 on the west with only the access to the property being from Griffin Road to the north. This is not the result of any actions by the applicant. c) That granting the variance request will not confer on the applicant any special privilege that is denied by this chapter to other lands, buildings or structures in the same zoning district The subject property is the only complex of this type in this same zoning district. Therefore, the granting of the variances has no affect on the privileges available to any other lands, buildings or structures. d) That the literal interpretation of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of this chapter and would work unnecessary and undue hardship on the applicant. The way the code is written unduly restricts the available signage for the complex. Because of its uniqueness as to size and location, the code deprives the applicant and the public of any reasonable visibility of the complex. Many of its visitors are unfamiliar with the area and this fact together with the available access creates an unnecessary and undue hardship on the applicant. The ability of the public to locate and access the complex is necessary for it to operate successfully. The proposed signage is critical to this success. e) That the variance granted is the minimum variance that will make possible the reasonable use of the land, building or structure. CORPORATION NOTARIZED SIGNATURE: This is to certify that the below referenced corporation is the owner of subject lands described above and a r as a duly autho,[ized offi r, ha authorized (Applican nsu URepresentative) nP �Vr rdt G.[�1h o make and file the aforesaid application. Sworn to and subscribed before me Corporation Name: `r Y6 - �oM_Aw PiC1 u� This VV day of 20 S� T— GJ Signature: Date: Y 3 a g NILEy ���i,�� vf_o 5 Co ti ye,zaE;° �int Name) Sign Name of NotaryPubl tDD tTitle) State of(�t�.•S o� ) 'oyo' ° F �,,1q9:�rwuw• o`��� filliin11�� z re 77 /'/�s'�—�� fTJ✓z N47ev 411, Print Name of Notary Street Addre`ss, City, State and Zip Code l �y Commission Expires: 2� a L)yl- o58 to d Seal; U 6 Telephone No. & Fax No. JOINT VENTURE/PARTNERSHIP NOTARIZED SIGNATURE: This is to certify that the below referenced that the duly authorized persons are the owners of subject lands described above and that all partners have authorized (Applicant/Consultant/Representative) to make and file the aforesaid application. Sworn to and subscribed before me This_day of 20_ Signature: Date: (Print Name)** Sign Name of Notary Public State of( ) Print Name of Notary Street Address, City, State and Zip Code Commission Expires: Seal: Telephone No. &Fax No. **Each partner must sign. Attach duplicate sheets as required. Vr Z rya pq 2 1 OND N V F O p JO t m 00� 3y� $ m04 o 9 f 7F °oAxz�d o Ucc1 co E pC i°Z 6cq 00Q7 <0 w �<LL VOOZ LL^,v° w o Z Wco ON I Q W s O t y ° _ s z 4 t H ; x JAI, ,s g ft o O O W ° e u c 5 Jill I u 3 \ z a Z< ; a u SL3S(Z)OML TIVM OnOS NO.11VISNI IVIWAL v O p 10 5 �p o LLz Y m w �f N O e t W rZ W w U m 2 - W _ .. O m Q w Z _ m o ._.... ._. .. O G 0 ' � F 8 ek a �mm n /i 0 O V8 y NL N : m � c m S13S(Z)OML T1VM W.MA NO IIVISNI IV3IdA1 W, 3 0 s a O N O � f: u�m C ie M L '7LLSVid bV3177s�'lV3 $LL v N�3 .o° S03l3UHM 3UM9MV19 d� N n,.• i 3UHM 03.WMdS 36015J17V9 WfINIW(1'1V�193TA1 a�o^ 8 .Z-,b dSSZ19 SM3HUVW HUM O31VO339 M '^ i°m"z NVd jO 3O191H0'NVd 090'.1 HUM WHNINMY 9U'TX-Wff N�,m^, a d330.4 an.t'/L/M W(INIWHlV S90' P .." 5MO107/SNOLLV71ji73d4b31131'I3NNVH70MVONVIS o m „-� MI '93O079Y7013WV7IlddVI13MO-rWONV3WO:)WI73T3 Ozz 3' w IVNOUVNO1WMO.AN0771VHSNOLLYnYLSN171MV WMV SOXVONV15'THOlCMnIN:IINVW3901NOI61Nvwas t tip- sw 0 3N071119 VnV MIM 031V3S SNOLLV7LL3N3d TIVM TW F SNOLLV71d173d51VM3N39 Q > 133j 3MVfIDS 6'99 a,S501-AZM,Z-.b W W 39V10pj 3MVf1os M31L3I 13NNYH7 919l-WL(.56) ZStZ-60M l3 31tl083an _803 '3nN3ntl W3MQNtl MaON 0M F GI, iiOTJ .11Nf10O a>_'.'dn mAo pH0'd39 bINIO 30 J.110 W Len e_1 (l l d '8l l'8'd) x3�dW00 3013d0/T110H 8=1N30 NCIS3C _ SMOA3Ahins `Sli3NNV7d '52133mieN3 " w d.. 3-)dVd JO N011,JOd 'c N ' c �"d S2IdKHJS Pig H LId?I a a % A3A1jns JIHdVME)0d01 aNV AHVaNno9 a 6.r-M1MOM bm1 a N9'S30/965 t/1o3PObd/z et exa az a Y �g >• w ' u a iarY a ' � We>* =PY =a i = �g�ag � s =aww Sj ="`rW<ao�� Y w Y - 3 4rw o-gg=.owo 0 o gsbo- hg=gig g-zy o =� Q a a< � z ,-F oyWm " ■ F �aal ffs. "dseb-I' ': IPt6P5T Tr a S .9<wow��"zi��ycodo�•gp Su" a3 S">= r ��3 o �V' ffi6nvY oYz N".1£"" y � p 'W O > „Ew_ a r-;o``zxt�, > j"^b WYw zI.-6 - ,z ` o x. ! $ £uy _ •^ i i a �Y'SIYo aror aavvsvury £�' k'3 R•a g'.W 65Cyw'� 3zw 4£4� a 3=6YS < >§W�orc$� . e _____ 13 >_- Y ;=5�~ lix =�45 ewu'��'t P"gi•"•"s� _ u'Yz}who_ £w - .g m r 3 Y £ ¢B� >Lo fl �g£=ys�`�YY"Y fr N { m R 1 I o r w x b•^ w I a aso `b aka=�ma _�a a..a�'�a`sao :a �aa^`= "- ,a�"$�w13"s �_,�_`ER"Y,§ . ykg11`m Y Y` >�W Ew R2a` `w"z k' g Stl 4Q.,� wd3 kj , .>-. pb a '=e Y ='^Y. Y 4_ -d-8 `-'i>e: w - Y"_ Y� o�SRiV as-Yio� a•=" g£ `=o�w-h- zSze`d pm `,aRY £ amo .a `em a>i> �s=�mg`W" emo <a4m W �dem e� �€= ,<a=_ o � ad d a ` _: zsd a $- _ Wed a='` < m�ttss� �a Via= Q 6wa `Y a �ao � Y § o ' �a>esaa - -"oY s A- =e;e w= y - y=4Et,,"Ym .Y 3z>`Y '" w z$ �3'e'm'•^••_ "^ �>`., ��13a., = Q�423-m�`YdY` a0, �FH �'��„se�40 H apa a mx Wg ee_a Y§ffi o ` w _ Hww .N Y> ' a" _t--= =g a � w ,b; a ?• a 4 Imo W x;AH gas^ sw�s ., _ . aW �a ,. ysr x ga��e <m - sa" Y `fig aff a_e pa aNss a es =_ `4 a Y a»�9z a aa" Ya 4Y3e YsW nE 3 =jgag me Ya_W x_ aH> £ <6a=taoff ? a �vorek:sg} a d ava' � nez aW=v a a a= 6�w 4' pbg € Y e x sa!w a W eg a�b saea � ee sk!w w-sx. =_sQ� d"J2 99 '9d 01 Qd) 1V_)d SW_1Vd1 QOCMAI-10H (13QN3WV 1 'boa It 9d 611 6'4l ()N18V3E 30N363'38) cnw>o a am.o a Ime iv 3 e'm aanv lW.< M 2Y .w. 1338vd 3Nil tSV3 ,9b' 9 3.EE.02.t i N a II }i :l .a�.,,.�:� 1 a'�-i••ouw •Fwra g�,�..n... ] F ti0+ � :Yd I`1 F \ R e a .. R a I O 0L La n Q I p I 4 '� y��qq "� i • � x3lduo] Sit3iviiloM _5 n n�euu� 9 -' •_ �gS j 3 ` ,_,,,g Nm53 W. 113a ': '� s - a• d W. l3]bvd SL ��f 4 " I a• a Jnnp. nl8 �.ub b_ b _ V Z Y • e • • b b Y .EE'494x M.EE.02. ON w_ v} ! •^._--__=___: 24 v >�.- I �9 ,s1dLy�iy6JYF7 � , `� • .,. _ ,.i ! r.� `-* 1 I � 1 '7 ��-�\ e! • '_ 6B`.orzzl n.cc.aa.tw iu ` P dg F5�6dF1°g1 e1114i�e14.12 I v / I �', fiil) 11 uA- Ian I, 3' z p A b-I �E UAi3 -_ J 9.Ev..Pe36eairlSv...Plie i °� -�'� u¢'y 2• a y, 9 16�54 - 9 S E p III' V g a$�P ���N •3�(p L LLLI—J—J--JJ Willy' L'-:I i y 17 pp pp a 58 Ia�� m jf4Es, !Aa9llgL1 z J m •M.EE.02.ION \ I:a 1 t �m IR Sti� CD :� > � 5 � � c_ � o (��I a s w Q§ � W z y� j[s , i ' � s _ `§R ,Ns., � 30 X5.ay Aga` � ggW "s � $2 @ . �_ �C �2N Fi �€@@€. m �¢ 0d0H NIJJI89 a h 11 1� 1 W _ 1 1 g HU g M m m < � � sagm 053E -- - - ff = : a o s ff a ' E szg � $ w �O®®O®O®®®OOO�®OOOO O i < 60000 1 if S CD z �Q ry y o $ w LU m g z E _ _ z� d u W LL ann�yy m � m y %L=L n'€� tJ. 1 ttt A . . I • J 3 $ J E f9 "J LU ❑ W 19 S y CD ES y E w _ �.� J • E5 m a e h Z u g MD 0 � E y - - --- 6 _ b ❑ —y n - -� - 1 o ❑ o ❑ o0000 ❑�°o (IY\ a a -o- . o e8 E �e � s 3 F F w¢ C Jo8 0 a € a`_"_$ a" a"_ 8 w g z a z N z_� z �jC 70Ao EE.4$ �vl�; � Hsu ., s • � 05 � ��= ss �� s� € � � ��� � �� � - �� � � �g �� �� � �� � u . ��� a 3 s s^ s y J W 0 Y d Y J W W Q J Z W W J OC Q Ln M O 99 yy e g pR9C q�cis i-g 5��7 � e Yek 8� d�e SE 60 R T' Y e�EagYggE � E � 86 � "y �fr EBaB `P`� aa2 � m� ��° p g8a 55$ 8 I Sc Sa 5 s ° ra NyEp S N yyCv 82 q _ City of Dania Beach, Florida Department of Community Development Planning and Zoning Division MW (954) 924-42a Phone W Ww.danlabeachfl.gov General Development Application ❑ Administrative Variance ❑ Assignment of Flex/Reserve.Units [3 Land El Plat Use Amendment MEMO ❑ Plat Delegation Request 2 ❑ Rezoning MAP 1 4 NO Date Reed: ❑ site Plan ❑ special Exception Petition No.: ❑ rafflcway Waiver pi a l n i n g 9 Varlagce Department ❑ "Roadway Vacation ❑ Extended Hours ❑ Other. THIS APPLICATION WILL NOT BE ACCEPTED UNTIL IT IS COMPLETE AND SUBMITTED WITH ALL NECESARRY DOCUMENTS. Refer to the application type at the top of this form and "Required Documentation'checklist to determine the supplemental documents required vft each application. For after the fad applKations, the responsible wntractor of record shall be present at the board hearing. Their failure to attend may impact upon the disposition of your application. As always, the applicant or their authorized legal agent must be present at all meetings. All projects must also obtain a building permit from the City's Building Department K Location Address: l0615 I rDA In l n, �qd v /406— • �)?Af-g/ 0 b Block: Subdivision T&P,/Iryuoc" Recorded Plat Name: I 27 M04 �dnt�1 Folio Number(s):504;t 3h 0010 Legal Description: AAKGkPd Applican Coults Legal Representative(circle one N V ns o�i� d. Address of Applicant.&O SD( i4'11,5 ,W &U te- :300 dR 33/fo Business Telephon9J--- L- 66 -r— , N 4�7 '7V7Y Fax4W7(04f057� Name of Property Owner: 111 1'/ VlC44 4, G bU hkm . Addrep of Ppperty O2w�ner: U -W* /t� 14 Busin ✓✓Teiphone9 A —I got) Home: Fax: khad Neau i:.' de S 'sUoS�iin�l �) Suns D7v.9 1 h�a For Pats p/ease provide proposed Plat Name for Vaufances se albch CH r1a Statement as per Ards%10.13 of Chapter 28, Zoning Code Prop. Net Acreage: ae Gross Atreage� Prop. Square Footage: Existing Useh l?JZ �burlix!• Proposed Use: Is property owned individually, by a corporation, or a joint venture? Legal Description: design Center of the Americas, P8119, P 32, Parcel W, NLY 626 1875 Griffin Road Chapter 28,Zoning,Article 28—Signs—requesting a variance to allow(2)walls signs, each 86.9 square feet in area,where the code limits a wall sign to a maximum of 75 square feetin area. REQUEST FOR VARIANCE These variances are necessary due to the sheer size of the building and its location. This is necessary to have reasonable visibility of the subject property for the benefit of visitors to the same location. The criteria for the requested variances are as follows: a) That special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, structures or buildings in the same zoning district The Design Center of the Americas (DCOTA) is a unique campus-like complex including multiple buildings, extensive parking and landscaping over 9 acres in size. The sheer scope and layout of the Center is unique. This location constitutes a major employment center for Dania Beach and brings in a substantial number of visitors on a daily basis. Many travelers exit the 1-95/Griffin Road exit to access DCOTA. There is no comparable complex within Dania Beach. b) That the special conditions and circumstances do not result from the actions of the applicant The special conditions and circumstances are the result of the physical location of the complex. It is located up against 1-95 on the west with only the access to the property being from Griffin Road to the north. This is not the result of any actions by the applicant. c) That granting the variance request will not confer on the applicant any special privilege that is denied by this chapter to other lands, buildings or structures in the same zoning district. The subject property is the only complex of this type in this same zoning district. Therefore, the granting of the variances has no affect on the privileges available to any other lands, buildings or structures. d) That the literal interpretation of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of this chapter and would work unnecessary and undue hardship on the applicant. The way the code is written unduly restricts the available signage for the complex. Because of its uniqueness as to size and location, the code deprives the applicant and the public of any reasonable visibility of the complex. Many of its visitors are unfamiliar with the area and this fact together with the available access creates an unnecessary and undue hardship on the applicant. The ability of the public to locate and access the complex is necessary for it to operate successfully. The proposed signage is critical to this success. e) That the variance granted is the minimum variance that will make possible the reasonable use of the land, building or structure. CORPORATION NOTARIZED SIGNATURE: This is to certify that the below referenced corporation is the owner of subject lands described above and at I, as a, my a thorized officer, have authorized (Applicant/ nsul Representative) rim r to make and file the aforesaid application. VC Sworn to and subscribed before me Corporation Name: A /� &EM. (AFGf7 /K�✓ This kV day of�z�20�� Signature: Date: `BAILEy���rirrr a �* a,zooFs•;((ktName) ° Pnpst ae�r7f Sign Name of Notary Pbblic i-o� @pp %�` Title) State of( •Y�8 + ) r�or9 � •'\J .��. �p nN\N� 'Ttl Print Name of Notary Street Address, Ci , State and Zip Code w� of /0 lad Y Commission Expires: Fr 1-"`� � Seal: elephone No. & Fax No. JOINT VENTURE/PARTNERSHIP NOTARIZED SIGNATURE: This is to certify that the below referenced that the duly authorized persons are the owners of subject lands described above and that all partners have authorized (Applicant/Consultant/Representative) to make and file the aforesaid application. Sworn to and subscribed before me This day of 20_ Signature: Date: (Print Name)** Sign Name of Notary Public State of( ) Print Name of Notary Street Address, City, State and Zip Code Commission Expires: Seal: Telephone No. &Fax No. **Each partner must sign. Attach duplicate sheets as required. i H w a m ¢ C O 0 O u t O 0 N B u.747� o ,.aa� OOa N sv � o I W 23° O a •� N �. M1yw � ) W 2 s o F K Q W Z C " o Ulo u w r _ uOJU o a � WFo3 � U, � b� m o a;`... r •., , fix, _ z u5 0€ e 0 x -Z Wm d n u o ° of w 0 J Q Q N a Oog It(0.1 �13 � R Ott N2 � Zy; GS C 0 W� yy a Q JJVM OIIOS NO lltl1SNI IVJIdAl V❑ O m 0 Z o m z d M o O NLL 6 p N U O N � S 0 LL u o In 3 < 5 o o °z a m W QNOL LL y c J LL F pLLo N_U1 u 2 O z d pym o m m 2 ha- N w •-3�N o � O y W Z ��YW f ¢ o wW y < lu W <IOFU p } b O M z z `= N '0 as Q J Upp O <l�w��pO[qne o O O 0 y Z U O N U Cei y LLUm WV1W W t~nik y G o• N 2 pp \ N Wp[OW K p O OCZ,a o� LL UY�< m II f N N<OU o u F a N OQQL N yk aYo m Z W Z O OLLm w Z UFZ< VI a t°f z 'U W O V G lull C W G W LL o _ m �ja $ < <zW .; of RS Z NZzOx LL U < O N< N M J f Z m g Q H qx$$ O gW d IQW N IQ U QFQ m�O N "' OM- • K II LL p[OZ< y' a0. uZl4 W W Z W `° \may In 'Nep [m ,ii ! N W N p �ZfU Lns C x ti < N yZj u d <InNSw SZ — .I o y M 3^ m Aqf z O F~- Q Lu W J 0 . . W V N w z Za Y o G H Q 0 Z w 2 N u w = � p0 � `Y o Iza LL wa o o • w � d a a 6ou `o e ZU x ul z N p l= C 3 r 0 r N a w M / = Q N N th 1- F ] 41 •O N 0 / a a yy n Q N� S �'bo Acc 3e � Nw V j 3 U� €p ki 1uu0 un mr 5 =� < ' O m�F'� In^ IW. a IIVM OIIOS NO 11VISNI IVJIdA.L V _ o •o O A Z a M a II 11 O y O � N Z 3 O W O NU1 O W z �a. W J Zd V IA U W d y� y W G C J U N y N W Q N y~j Z SW W77 p III U,- p � LU rr z a u cl u f = N ?oad Q J 9 p QI�W j�OQQC o O IJ-I Q U1N^QO CtFu m N 0 U O y p Z U1 W CC (71 Z 2�jW Utp lu�lW F E W N LW, N Z y m m n z<m N 0 pW n W O o ZQF a j Z Z J m II F O� 0 n y �OJ f W W 2 Z .ZE uoZQ y 3 a1J t� w 3" y p m p S Ua Iyo� N I'��ZW �Qm n $ h Q U OC Z 7J N zs� Dd 'Sa Om m Zw m o�<rL o II II FI~q N U 'oZQ N qmN $ II II II W zziw pN\^Y 20 C ` QN ns 8 cP .�a p Z �x OC JZOLa � � Wm=5 N I� JI Z S N W QO-dW " Z ,y ggE N ME 3'NT uw Z O H Q W J W Z F` 0 C „ u0 m 2 z � 0 N 00 S w O N Z K O a `......... .._ S5' 0 a A W m K 6 w Z C W 0 i �w ^ � p 0 0 , 0 ; O Swdo L MUFow5 A / wa Owrc e ow '% Oi 04 ry l N� a OJ N y yy y n A ti IIVM OIIOS NO IIVISNI ltl:)IdA.L (� _ c o` v z o ar M LL Z O C, O W a W ZW u FWW• U)LL LL W U II) W W F l7 U IIVII J N O t9 m O m ug 2 U W a �=xw fi y a `o QW O z W O W C m Q Z el x Yu .Z. a �W3� d Vw <~?g2 o O .J. LL ZU1Wyyy� N O LLUm4ipV F W N #m���ILL P to N J , v pNp Z0 W0 z a p rmv c •_• OZ OZ J m 1 f O N W LLS�O� Z M Z E Up ZtO H �Q Qom+Q u goW ZpOVU W V C OC J W 3:Dz C N C LL d di �LLZ'o W j Npap r� tiaaN{{ O N 7 W N Of j� �� 7N °' gap •gyp ZZ W N pam Ho m om g�nG$p E t~ii ,�,� N V F�za '" Fm 'a o ro = a w io �No o 211 z x m N a C Z agmu 04WV° w 3 NiwA ••Y C Q N Z J N N LL L U `U �NdSW Z .i 8 n h 0 z V W Z 0 Z ,b H J W 1 r� � �LI ��xl� �■ � � w 1 / x.wwwww...,wwwww.w^^ .EEllS ��. I 4Fi Igi i 1 tt 1 q i la, � o T gyp, =rs „ +���► j ; ,� i I I • ° • III � � �. c,�� � h:;r`iYt«. . J fill a ' y�ii� o o Co yl . � o Co q �i fIG�L n Q � v C JO p P 3`5 aa` - fix b - 5 z Z O wp V) its, \n� ©� arax xudlxs 7T7T71 _ y LLIJJJJL'�9 a � ' �y x s . \\ e cc • x , im y 1 ZZ m < _ 9 3£ 3 1)• • • .• • 1, 8 1� 0 : s o _ Ii 6 I �II'II II � v ya o _ Z z _ c� - m0 rn z o ci z ZV z far e$ e� ego ¢ ul s w g. ._ a _ a _ .,'e z m ul ~ 5 g.aa s „a cn .y`s avfr g ai. :ag BE u a 6 c o JQ 8a s sE s $ s< sK �$� �'d six 3LL9 � as $LL m:€ T x �� ry l ��! W lu Ml MM z k. n do,ULM _. b . lip 'd !: 3$ } MI O "t'. { 3 IS 62 y. �a I P I r { 4 Il WHO am {J . I .. 1 NEW, s.: 9� rib �! H. 'fib T s s M N ,a ' �— . a etnaEM o< eat= s da a Asa Ex s& a r 5`a de E g de;>Eya- 12 s ,; a 4$o�~` E� L � Egyp; cNo EoY 6 `6 9ac 5€e c $ � < E° S r "c t? 24 i�aE scc LL „ tee ,.a`Bd sE su sa ,°. k we° o n—.Z, 3o�`, a e co w a � 8a 8,gs Hai flS �a 8s $ 5 e e s Q _ ¢ cl / \U� � �=a r $a as a t ;a sc ,g '� N k� � ' r .€ " k� So ° 8se s " "� #s3 $ €� 3s €`s a 1 o a' £ ,°. e s a $o S 5 g "„ 3t §°2 d $9G 19 0 LL �l q�g M: uI ' ` Nin O : Y d, \ \Mal\\\\�\ S�hiNY _ ? §a M , ' O if�i iB� e� a a Y{ ? `Sµ E t�I F bb(Mi, w NUNN Wild will . i lit 122 pueo� � " d g aE _ haste - I ae Olt A a g"sri! • „ $; € s sE _ o € vs � F€{afr 3= � E =$ e� c� € e$eaa €aa E yE3y EA E E ; �o v S " $ S R 2 �FEQs5 d r ' 4g=€ �a$ is si "1 1a. g 1 a8 3'_a 7°s s s � sE � s tl `€ °a� aa" City of Dania Beach, Florida Department of Community Development Planning and Zoning Division (954) 924-(,805 Phone www.daniabeachfl.gov General Development Application ❑ Administrative Variance ❑ Assignment of Flex/Reserve.Units �e.0��'44L ❑ Land Use Amendment ❑ Plati\ iz�lz ❑ Plat Delegation Request ❑ Rezoning � Date Rec'd: , / o�°1 �j❑ Site Plan `, k 3-6 O ❑ Special Exception MAR 1 4 2006 Petition No.: ❑ rafficway Waiver a varla'i« Pi itl�64�g ❑ 'Roadway Vacation LDepartnlen$❑ Extended Hours ❑ Other. THIS APPLICATION WILL NOT BE ACCEPTED UNTIL IT IS COMPLETE AND SUBMITTED WITH ALL NECESARRY DOCUMENTS. Refer to the application type at the top of this form and "Required Documentation'checklist to determine the supplemental documents required with each application. For after the fact applications, the responsible contractor of record shall be present at the board hearing. Their failure to attend may impact upon the disposition of your application. As always, the applicant or their authorized legal agent must be present at all meetings. All projects must also obtain a building permit from the City's Building Department Lora ' n Address: I 77 /F'i /11 Iv0.n l a, CC U�1 NAll B :%A Subdivision: Recorded Plat Name: YI I° Law�c� (44 { rLYkw Folio Num (s):!24 a 33 75f 00)4 Legal Description: � 4pA" 0� A�� Applican nsultan al�Rep'resentative(circle one Xd'l�l f iLCKIW f✓ t,IUQ/I-rnQ tv Addr��o(Appl'scantyy:c�Q 0411WA,-5 ��7t°./�Y/P �k/t�f 30oi �D✓1'' ,,/� ' (�PrAn /� 33 e- Busihe 'W1ephonZkKZ(— T,d�dR/.0S45-5 7Y� — Fax:�� Y 7( dt� Yy Name of Property Owner: rtC py zi)I ?Elg �� CohfP,� Ad of Property Ownper tin hri #Vffw' dr&(. M 6 Al (M a S4,�2i(tlo>nffoARe'q'ru'4t: Bu��T�le Home: Fax: ats please provide proposed Nat Name for vaifances please affi3ch Criteria S63tement as per G✓J Article 10.13 of Chapter28,Zoning Code. . f Prop. Net Acreage: Gross Acreage'Prop. Sol are Footage: Existing Use: Proposed Use: is property owned individually, by a corporation, or a joint venture? Legal Description: DESIGN CENTER OF THE AMERICAS, PB 119. P 32 BROWARD COUNTY, PARCEL"A', LESS NLY 626 1855 Griffin Road Chapter 28,Zoning, Article 28 — Signs— requesting a variance to allow(1) monument sign 220 square feet in area,facing 1-95, where the code requires monument signs to be located along arterial roadways and limits a monument sign area to a maximum of 48 square feet and to allow a wall sign 86.9 square feet in area, where the code limits a wall sign to a maximum of 75 square feet in area. REQUEST FOR VARIANCE These variances are necessary due to the size of the total complex. The code limitation does not envision a complex of this size. The size and location of the speck building requires an additional wall sign for any reasonable visibility. The monument sign square footage is necessary because of the distance to 1-95 with the only access exiting from Griffin Road to the north requiring visitors to generally approach the complex from US1 to the east or to utilize 1-95 at the Griffin Road exit These geographical approaches require such signage visibility to assist the public in locating the complex. The criteria for the requested variances are as follows: a) That special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, structures or buildings in the same zoning district. The Design Center of the Americas (DCOTA) is a unique campus-like complex including multiple buildings, extensive parking and landscaping over 9 acres in size. The sheer scope and layout of the Center is unique. This location constitutes a major employment center for Dania Beach and brings in a substantial number of visitors on a daily basis. Many travelers exit the 1-9511Griffin Road exit to access DCOTA. There is no comparable complex within Dania Beach. b) That the special conditions and circumstances do not result from the actions of the applicant. The special conditions and circumstances are the result of the physical location of the complex. It is located up against 1-95 on the west with only the access to the property being from Gruen Road to the north. This is not the result of any actions by the applicant. c) That granting the variance request will not confer on the applicant any special privilege that is denied by this chapter to other lands, buildings or structures in the same zoning district The subject property is the only complex of this type in this same zoning district. Therefore, the granting of the variances has no affect on the privileges available to any other lands, buildings or structures. d) That the literal interpretation of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of this chapter and would work unnecessary and undue hardship on the applicant. The way the code is written unduly restricts the available signage for the complex. Because of its uniqueness as to size and location, the code deprives the applicant and the public of any reasonable visibility of the complex. Many of its visitors are unfamiliar with the area and this fact CORPORATION NOTARIZED SIGNATURE: This is to certify that the below referenced corporation is the owner of subj lands described above and a s a ly authorized i r, hayvqq�� �authorized p l n su Representative) �U.t[a1 � make and e e aforesai application. Sworn to and subscribed before me Corporation Name: Ah This day of r-Ni".. ' 20 1�t J Signature: �p�9i� • �5 /n• /7 Gl�tN �J * 'II 5Z nt Name) Sign Name of Notary Publi "+ (Print Title) State of( .J c: ) /- / Print Name of Notary Street Address, City, State aW Zip Code Commission Expires: WZ JC3 F /too Seal: — Telephone No. &Fax No. JOINT VENTURE/PARTNERSHIP NOTARIZED SIGNATURE: This is to certify that the below referenced that the duly authorized persons are the owners of subject lands described above and that all partners have authorized (Applicant/Consultant/Representative) to make and file the aforesaid application. Sworn to and subscribed before me This day of 20_ Signature: Date: (Print Name)** Sign Name of Notary Public State of( ) Print Name of Notary Street Address, City, State and Zip Code Commission Expires: Seal: Telephone No. & Fax No. **Each partner must sign. Attach duplicate sheets as required. 919I-W(KO) MIZ-90[f[ 'V'3I MGM"O1 '3nNmy WIN W WRON ONO 'V012J01d 'AiNf100 02JVM0ae 'HOVIO VINVO d0 J.110 LEE Bl W'd '6 L l'9'd) SV0183WV 3Hl d0 2131N30 NOISIM SaOil3nanS `S2l3NN"d `S2/33NION3 Cm M. ` 3 m p „V„ T13dVd f ° •V•d `SHVNHJS PUB HIM N - A3Ai:fnS 3IHdVN90d01 G 9•V'•9.1/9/894/L9fORd/Z Ell eaux ROID tsolm '60°€ .Sj „ k' y"rr, 11T q° w q NSTA p6 .§7 _�� C=-Oh & 48 _ /NT8 Ts :_ tl 3�€� ���5� o � Z Z-zo z NEE�� a� <g° €Q��Eaa�� ma d �ppggMV kbi go a3a$:� �a3w8:°F i m w uum xw i Sc�i 4�° QY y-y�g6 S""_ a `3? -by HER �yS 19 �� $e o 3 z w $� S" w z « yp,YlSes' 3 „�W o mo ri mm ' mu u rc� bS3s onFz gg gg XW . TiW.. i oz egog lrc.� x rc G o J $ ♦riWm rcoo�� yy ° y > €�Y �Sgq �G°.- gar 0. S" mt<., �w$ °a0$$ wwo ;zgg U $m W _`vld`s�? i,'.dd2'�� ri b'ddCf Z'aQ? �`?SsSeKu z1 6g p cian�umo 4a u > om} o� K� 5��0 �wm.,m}-n!� mom�'3 KKaJay.ic7JQ za� � W �mwF� � IZ{<23zmUp_I2311i <Uli y1y't-<f°�KWVW €9JJO 1��0UN0U mF �O¢OK¢ o]FZ 36 KW U1 U W W U G m33 mm4-OWQ¢UZZJ dw FFJ YJm ° F- W J ^0l®®g0° Y }® HD ©OO�•®-• 8�"s= ai J00 K'S nworcusipn4 ,�yg #.wO+ zs "18�QoJ rc o a � Z. I 3,.££'oz+1OS a IfY $ a om gn aan�Hz. O .o=ma d s�-WZW°z O M g z Q � O a -02 <o Ts���Qt°�wyefry° rn zzo Ln °�€'47ga< •Os 3'••IBag =a Tn -Na Eli Hhasie $a a5ZIM n a1 hit gin al a 1:1= w�gkzuoEcrlli ° �'h .a�W J.. ® � j�t0== had Sall a6;e, 1<yaO o g € � �� 4Ba ML£,bS.£ON ,pa'6Sa=� 4 Si azel. "' 1a .s9 6Z6s-a ,2w ��� Wog �'g �w . Vog Ego 2.�ii—� NIROI E5� o3R�R=Wwbs � s „ o @�..ow� �i'�o SN'dz C11//r3 W E22 SC Y %% 2 2nnE s F / 04 O ' S rbr $ 4S ' s 3 36 LeL o w pp 0 O S26 I u o $s d� .e ms at a w H�s 3 xa pd % mf� ma ' s # a �p : xr °s""ssg s ' e °E °s gs `sa _� - 12 a —o TTTTrL CC JTFFTTTPTHOHRM �� OYOe Ni111e0 0 Y Ell e J e Eli C . Cf ds � CC DD 6 \ . • e r a' ' e e� y a� k } i . () i * it n ;; ------------ cm m ° '1 yP m o o 4Q, I 00 V5 r Iz S2 15� zi 31 MRA V5 If TIM ji, R 000 J �l Ln F,r T�1� N 2 g E p- -1 - - -i 2 15 —t 42 Z's El 2 E B E 82 CITY OF DANIA BEACH Agenda Item # I. 600 Agenda Request Database Date of Commission Meeting: 5-13-2008 Public Hearing Adopt Resolution X❑ Adopt Ordinance (1st Reading) ❑ Adopt Ordinance(2nd Reading) ❑ Award Bid/RFP ❑ Presentation ❑ Continued from: RESOLUTION NO.20OM72 A RESOLUTION OF THE CITY OF DANIA BEACH,FLORIDA,APPROVING THE VACATION REQUEST(VC-15-06)SUBMITTED BY RUSSELL HAYSON,REPRESENTING THE PROPERTY OWNER CRAIG LEONARD,TO VACATE AND RELOCATE A DRAINAGE EASEMENT,FOR PROPERTY LOCATED AT 345 NE 3RD AVENUE,AND LEGALLY DESCRIBED IN EXHIBIT"A",A COPY OF WHICH IS ATTACHED TO THIS RESOLUTION;ACCEPTING THE RELOCATED DRAINAGE EASEMENT ON BEHALF OF THE CITY;PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. Dept: Acct#: Amt: Fund: General: ❑ Water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ VC-15-08: The applicant, Russell Hayson, on behalf of the property owner Craig Leonard, is requesting a vacation and relocation of an easement,for property located at 345 NE 3 Avenue. Resolution Staff Report Application Public Hearing Notice Location Map Mailing List Survey Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 f� Submitted by Corinne Lajoie Date Department Director Corinne Lajoie Date Assistant City Manager Date HR Director Date Finance Director Date City Attomey Date City Manager Date Commission Action: Approved: ❑ Denied: ❑ Continued to: ❑ RESOLUTION NO. 2008-072 A RESOLUTION OF THE CITY OF DANIA BEACH,FLORIDA, APPROVING THE VACATION REQUEST(VC-I 5-06)SUBMITTED BY RUSSELL HAYSON, REPRESENTING THE PROPERTY OWNER CRAIG LEONARD,TO VACATE AND RELOCATE A DRAINAGE EASEMENT,FOR PROPERTY LOCATED AT 345 NE 3RD AVENUE,AND LEGALLY DESCRI13ED IN EXHE31T"A",A COPY OF WHICH IS ATTACHED TO THIS RESOLUTION; ACCEPTING THE RELOCATED DRAINAGE EASEMENT ON BEHALF OF THE CITY; PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 3, Article 3, Part IX, as amended, of the Charter of the City of Dania Beach,sets the procedure for vacating and abandoning streets,alleys,and utility easements or other property dedicated to the public use; and WHEREAS, Russell Hayson, representing Craig Leonard, duly petitioned the City Commission of the City of Dania Beach,Florida,to vacate and relocate a drainage easement located at 345 NE 3d Avenue, Dania Beach, and legally described in Exhibit "A", a copy of which is attached to this Resolution; and WHEREAS,the Planning&Zoning Board on April 16, 2008,recommended that the City Commission grant the vacation request; and WHEREAS, after publication of notice as required by Section 3, Article 3, Part IX of the Charter of the City of Dania Beach, a public hearing was held before the City Commission at its regular meeting held on May 13, 2008; NOW, THEREFORE,BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the City Commission of the City of Dania Beach, Florida, vacates, abandons, renounces and disclaims all of the right, title and interest of the City of Dania Beach in and to the drainage easement located at 345 NE 3d Avenue,and legally described in Exhibit"A",a copy of which is attached to this Resolution. Section 2. That the City Commission of the City of Dania Beach, Florida, accepts the relocated drainage easement located at 345 NE 3d Avenue, and legally described in Exhibit"B", a copy of which is attached to this Resolution. Section 3. That the City Commission finds and determines that the procedure for the vacation and abandonment of the subject easement has been in strict conformity with the requirements of Section 3, Article 3, Part IX of the Charter of the City of Dania Beach. Section 4. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 5. That this Resolution shall be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED on 2008. ALBERT C. JONES MAYOR-COMMISSIONER ATTEST: LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS BY: THOMAS J. ANSBRO CITY ATTORNEY 2 RESOLUTION#2008-072 EXHIBIT "A" LEGAL DESCRIPTION 10' STORM DRAIN EASEMENT TO BE VACATED A portion of Lots 1 and 2, Block 1 of"Amended Plat of Blocks 4, 5 and a portion of Block 6 of Poinciana Park"according to the plat thereof as recorded in Plat Book 31 at Page 47 of the Public Records of Broward County,Florida being more particularly described as follows: Beginning at the Southwest corner of said Lot 1; Thence run North 00 Degrees 00 Minutes 00 Seconds West along the West line of said Lot 1 for a distance of 5.00 feet; Thence run North 90 Degrees 00 Minutes 00 Seconds East for a distance of 112.22 feet to a point on the arc of a circular curve concave to the East,the center of which bears North 56 Degrees 18 Minutes 11 Seconds East from said point;Thence run Southeasterly along the arc of said curve and the East line of said Lot I having a radius of 35.00 feet, through a central angle of 10 Degrees 32 Minutes 33 Seconds for an arc distance of 6.44 feet;Thence run South 00 Degrees 10 Minutes 33 Seconds West along the East line of said Lot 2 for a distance of 5.00 feet; Thence run South 90 Degrees 00 Minutes 00 Seconds West for a distance of 116.24 feet to a point lying on the West line of said Lot 2; Thence run North 00 Degrees 00 Minutes 00 Seconds West along said West line for a distance of 5.00 feet to the point of beginning. (Survey to follow) 3 RESOLUTION#2008-072 1 t •a e� U < r -0.-�e. O • P oIP e- B'B • i •P 1 '@r f 1 P m • •-B "I In •.• ' •- DY m' 1. 6C dA lm r6B If. B @ '. ,M1 t' B o -r P s as -• �o e 's B. - .i ra =.: ar • r -1' n ' @ e� @ � ".-a a' Ia - n• w� a B; 1 r »-. 4c e- Y a+ • » - @r s. stl` - e� - BY •gym' a- r •• 'A �aP • :x Bz rm� .; orb • rc ' •�- • • - 'a' @ - tl • e a- + @ am r v• ,: e6 4 r P e -. • s- n - - •- •m - e m m:. fJ" A P B i;• - -4 bf m'; 'aA' B• v® 0• 4' P F am ae la • . 'b 6 I ms atl v a tlt 41 e� rt''�' lt``pP•a sa r 1 a • _• 614a ma 0a'ba 10A a m 9.tl 1 l® � �i y...: ��. __ ''r'r :• ir�l%u.. 1_=] s alr b L s11_ upvI AND MAPPER NO.5721 R-W-010 COW EL • • 11: 1 EXHIBIT `B" LEGAL DESCRIPTION RELOCATED STORM DRAIN EASEMENT A portion of Lots 1 and 2;Block 1 of"Amended Plat of Blocks 4, 5 and a portion of Block 6 of Poinciana Park" according to the plat thereof as recorded in Plat Book 31 at Page 47 of the Public Records of Broward County, Florida being more particularly described as follows: Commencing at the Northwest corner of said Lot 2; Thence run South 00 Degrees 00 Minutes 00 Seconds east along the West line of said Lot 2 for a distance of 15.00 feet to the point of beginning; Thence run North 90 Degrees 00 Minutes 00 Seconds East for a distance of 82.50 feet; Thence run North 00 Degrees 00 Minutes 00 Seconds East for a distance of 7.00 feet; Thence run north 90 Degrees 00 Minutes 00 Seconds for a distance of 33.74 feet to a point lying on the east line of said lot 2;Thence run South 00 Degrees 10 Minutes 33 Seconds West along said East line for'a distance of 12.00 feet; Thence run South 90 Degrees 00 Minutes 00 Seconds West for a distance of 116.20 feet to a point lying on the West line of said Lot 2; Thence run North 00 Degrees 00 Minutes 00 Seconds West along said West line for a distance of 5.00 feet to the point of beginning. (Survey to follow) 5 RESOLUTION#2008-072 € 1 Y' t •' R 4 V•4i i? b•' 1" 1' • - "F Y• i dw if a 9B " M1 • •' M 9+ r 09 Jo OB �rvbR A� • -P W Y- oe -•FA F P- • I• P w 9Y - 9R - 9 I6 • i` R• R a' t •6: P b 4•' s •; q 9 a 9.. ❑ M"• 1P 99 .9 10 '1 96 69 S s YP 1 V 1• Y1 a9 .1 IAMPI zs ti CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT DATE: May 13, 2008 TO: Ivan Pato, City Manager FROM: Corinne Lajoie, AICP, Principal Planner 0NCV1- SUBJECT: : VC-15-08:r The applicant, Russell Hayson, on behalf of the property owner Craig Leonard, is requesting a vacation and relocation of an easement, for property located at 345 NE 3 Avenue. VACATION To vacate a drainage easement. The applicant is requesting to vacate an existing drainage easement on private property and relocate it on site. The drainage easement currently runs through the property owner's driveway and through a portion of the home. The Public Services Director worked with the homeowner to find a new location for the drainage easement that would address the needs of the property owner and the City. The proposed replacement easement will be located south of the driveway and house structure. PLANNING AND ZONING BOARD RECOMMENDATION On April 16, 2008 the Planning and Zoning Board recommended approval of the requested vacation and relocation of the drainage easement. CITY COMMISSION PREVIOUS ACTION On March 25, 2008 the City Commission approved waive of replat for this vacation. STAFF RECOMMENDATION The Public Services Director recommends approval of the vacation provided a new drainage easement is established south of the residential structure. City of Dania Beach, Florida Department of Community Development Planning and Zoning Division (954) 924-3645 General Development Application 13 Administrative Variance U Assignment of Flex/Reserve Units Ll Land Use Amendment 0 Plat El Plat Delegation Request 22939TIN Q Rezoning Date Recd: El Site Plan FEB 2 8 2098 Vc--115 - 9o, Q Special Exception Petition No.: El Special Request Planning Cl Trafficway Waiver 0 Variance Pepartment .... . .. �Vacatlon,Request Other: THIS APPLICATION WILL NOT BE ACCEPTED UNTIL IT IS COMPLETE AND SUBMITTED WITH ALL NECESARRY DOCUMENTS. Refer to the application type at the top of this form and "Required Documentation"checklist to determine the supplemental documents required with each application. For after the fact applications, the responsible contractor oi record shall be present at the board hearing. Their failure to attend may impact upon the disposition of your application. As always, the applicant or their authorized legal agent must be present at all meetings. X1 projects must also obtain a building permit from the City's Building Department. Location Address: &n ik Rnov Lot(s): '21 Block: Subdivision: /014 T 13 1,1 A -3 1 - 14? &9 um,,d(!�d- Recorded Plat Name: 6M 9.1deve, 7-,TA,�5 f� .1161.ne'l,;44 141,Lk Folio Number(s): /0 1-) �-O I - 06/ZLegal Description: Y"e- 41-t-11 Applicant/Consultant/Legal Representative (circle one) (f- /Z #/�t Address of Applicant: A,k Y/ Business Telephone:q�q Home: !�Z'J Fax: Name of Property Owner: Address of Property Owner: 1�5 A"" /qVe Y10A)14 1�e,*&A� L Home: Fax: Business Telephone: f-P Y�) 3 Explanation of Request: 114 C-If�e- Oka, 1'-� �Ll" r ft�t Prop. Net Acreage: Gross Acreage: -- ?rop. Square Footage: 2f ExistingUse: k5wzk 4�J ProposeJ Use.: Is property owned individually, by a corporation, or a joirt venture? I undia a t t s' e an and variance approval automatically expires within 12 mon h i is J a proval, pursuarit to Ordinance No. 2005-040. 7"/, f AoKcaiiitrown ir si nature Print Name Date Si I APPLICANTr,Ct SULTANT, OR LEGAL REPRESENTATIVE NOTARIZED,SIGNATURE Sworn to and subscribed before me Applicart/Consultan nta 've: This 2067— Signatuie�. / Atave., I Date: 911,T4 T/ Sign ame of XNo6r4 Public (Print Narr4) State of( . ....... Miguelkmenteros AFNE". �"ion#DD482717 . S 104111� 3d Print Name M1 F-m: vLl. 16 20C9 Street Address,Pity, State an Zip Code www.AARONN, ' TARY.Com 4/ Commission Expires: Seal: Telephone No. & Fax No. INDIVIDUAL OWNER NOTARIZED SIGNATURE: This is to certify that I am the fee simple owpgr of subj land described above and that I have authorized to make and file the (ApplicanVConsultanVRepresentative) aforesaid application. Sworn to and subscrjW before me Owner This da o &A.Y 20 1 d ff Ae*A It Signatuie: Date: n Wame,'�Public (Print N3me) State of( Print Name of Notary Street Address, City, State and Zip Code ,� -y q 0 w�%Ann J usse -ne No. & Fax No. S Telephc Ission#D0475564 0 r 24,2 00 xPires oclobe,, 89, IX JAE ew;ls-7Q19 'A'd flay Falft, A& City Of Dania Beach Department of Public Services Office of the Director np qWffiW FEB 2 8 2008 Planning January 29, 2008 Dep irtmint Russell M. Hayson, Esq. Pallotto &Hayson, P.A. 450 N. Park Rd, Suite 302 Hollywood, FL 33021 Re: Vacating&Relocation of Storm Drain Easement Property Location: 345 NE 3d Avenue, Dania Beach, FL Dear Mr. Hayson, The Public Services Department will recommend approval of rNuested vacating and relocation of storm drainage easement. If you have any questions please contact me at(954) 924-3740. Sincerely, Dominic F. Orlando, P.E. Director of Public Services Cc: Tom Ansbro, City Attorney Corinne Lajoie, Principal City Planner P.O. Box 1708, Dania Beach, FL 13004 ' Phone (954) 924-3742 ' Fax (954) 923-1109 VC-15-08 NOTICE OF PUBLIC HEARING CITY OF DANIA BEACH NOTICE IS HEREBY GIVEN that a public hearing will be held before the City Commission, on TUESDAY, May 13, 2008 at 7:00 p.m. or as soon thereafter as possible in the Dania Beach City Commission Room, Administrative Center, 100 West Dania Beach Blvd., Dania Beach, Florida 33004, for the purpose of hearing any comments which might be made to the following request: VC-15-08 — Russell Hayson on behalf of the property owner Craig Leonard, is requesting a vacation and relocation of a drainage easement located on property at 345 NE 3 Avenue. The easement is legally described as: A portion of Lots I and 2, Block 1 of"Amended Plat of Blocks 4, 5 and a portion of Block 6 of Poinciana Park" according to the plat thereof as recorded in Plat Book 31 at Page 47 of the Public Records of Broward County, Florida being more particularly described as follows: Beginning at the Southwest comer of said Lot 1; Thence run North 00 Degrees 00 Minutes 00 Seconds West along the West line of said Lot I for a distance of 5.00 feet; Thence run North 90 Degrees 00 Minutes 00 Seconds East for a distance of 112.22 feet to a point on the arc of a circular curve concave to the East, the center of which bears North 56 Degrees 18 Minutes I I Seconds East from said point; Thence run Southeasterly along the are of said curve and the East line of said Lot 1 having a radius of 35.00 feet, through a central angle of 10 Degrees 32 Minutes 33 Seconds for an arc distance of 6.44 feet; Thence run South 00 Degrees 10 Minutes 33 Seconds West along the East line of said Lot 2 for a distance of 5.00 feet; Thence nin South 90 Degrees 00 Minutes 00 Seconds West for a distance of 116.24 feet to a point lying on the West line of said Lot 2; Thence run North 00 Degrees 00 Minutes 00 Seconds West along said West line for a distance of 5.00 feet to the point of beginning. Copies of the proposed request are available for viewing in the Community Development Department, 100 West Dania Beach Blvd., Dania Beach, Florida between the hours of 8:00 a.m. and 4:00 p.m., Monday — Friday, please call (954) 924-6805 x3645 for more information. Interested parties may appear at the public hearing and be heard with respect to the proposed petition. In accordance with the Americans With Disabilities Act, persons needing assistance to participate in any of these proceedings should contact the City Clerk's office, 100 W. Dania Beach Blvd, Dania Beach, FL 33004, (954) 924-6800 x3623, at least 48 hours prior to the meeting. Any person who decides to appeal any decision made by the Planning and Zoning Advisory Board or the City Commission with regard to any matter considered at a meeting or hearing will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to based. Lou Ann Cunningham Planning Associate Mailed: Friday, May 2, 2008 See Reverse side of this notice for a location map of the site Location Map: Denim Cutoff C�[ J 00 id lz ME 3RD ST LU z NE 2ND PL R" 0,71 -7- T z z 00 00 009 0 CD U) P: Lo 04 < cNi > < z LU 0 -1 LU < -j CN C14 Cl) LO C� C3 C') co m C-4 co IT qT It 1q, IT -q �T 10" V (D I M CN c) M V 0) a) OMMMWWWWWW 00 OD CD CO C) 04 C-4 C� C� qT I qT 'T 'T 'T 'T I '? —i �b 4 4 4 4 4 4 4 4 v -T v v q LL CD CD 0 0 U- CD CD a 0 0 CD CD a a CD CD LU I�t a 0 m CD LU a 0 CD C) CD a 0 0 v CD 0 0 A Ce) Co , m M M M M M M M M � M Cl) M Cl) Ce) C,) 0) m co m m co co c,) co co co M Co Co < -i �-i C', -1 < -i -j -j -j -j -j -j -j 'T -i -i -j 0 U- LL� U- .;r LL 0 U- U- LL U- U- LL LL U- v U- LL U- C) af 3: M M: Z: a: C' M X M LU-3: Cl M LU oomo 0OU00000m000 ,< < CO 0 < < < < CO < < < LU LU -j � Z) ;� LU W w LU W -i W LU LU m co m U- m < m m m m m m m m u- m m m 0 < i < < < < < < < < < < < < - — — — — — — — — — — — — 2 � zzzz � mzzzzzzzzzzzz 0 lo =) < < < < O < < < < < < < < < < < < z > 0 o co 00 0) CO3 Z 04 < j 2 cl) < C3 > > > > > �: C3 < < < < F 0 < < 2 lo� WWWMwZZZZZZZZZZZ 7c w CY) Cl) Cl) n �: ce) Cj C-4 c,4 cNI N 04 C14 04 04 CN < Itin 0 LU UJ LU LU U) LU LU LU LU LU LU LU LU [L z 0 x Lu Lu Uj Mc) mzzzzLt) zzzzzzzzzzzw ;7c C) o LO r- , (D , CO 00 It <0 rl- M CN 'qr LO I 2 a qT IT ce) m r- N N CNJ m m co m v Iq -gr V 0 M M ce) C,4 M c,) m m m c,) ce) c,) ce) c,) c,) ce) z 0 U) z 0 (n Cl) �e z U) C) D < Z F- m W 0 LLJ F- < Co Lu < LU N F- N (1) zi LU 0� < Z Lu F- LU LU < < z D > — (.) ob 0 F- m 23: mw < Z < zz w D: w co M: z LU 2 < C2 LU W < < W < 0 WO < ZLUF- � W ZU) LU C.) 0 0 = z 0 -a x Lu Ljj LU 0 m , < C/) z < CL 0 LU �e 0 CO 3: � < -1 U) 0 K UM) 00 0 -j 2 2 F- Z E Z 2 D 0 0 CL 0 < m ca z < LU 0 < 0 > I U) < < w Lu LU i V -j 5 E 9 Z )- w M W z<: :D = W � C, 2 ::i W m co C) z 0 < m 0 � W Z co 0 < _j W 0 W 0 Z 2 C) �- o 0 M: CY) 2 0 LL 0 < 0 <" om w a� w < LU m < C3 C3 0 a CD C) C3 a a a C3 CD 0 0 C3 0 C) LU LL N co , N M 'IT U) (D to M 0 C) I N � N < co C) a 0 0 C3 C) 0 0 1 1 1 " N N C) 0 C) 0 0 9oaac3c) OOOC3 (DOoOoOOCO Z < ' c6o� cbcbobobobobcboSo� cb6 ,4) 666 I C) < 2 < I — O < LU . 99999999999 (� 99999 — LL 0 m 1� v v It v v Nr IT v v v v v v v v 'r CN CO M M M M M m m m m m m m m m m m m 0 3: :5 . . . . . . . . . . . C� C� C� C� C� Cj C14 C� N N " N N . N " z Z I IT IT IT I IT 17 IT 11 1 IT I I IT IT i CR < M CD cl 0 n 0 CD C) C) CD 0 C) C� 0 co C) 0 C) 0 C) (D 10 < LO 6 Z LO to LO LO Z 0 Z 0 Z LO LO 0 CITY OF DANIA BEACH ' Agenda Item # Agenda Request Database Date of Commission Meeting: 5-13-2008 Public Hearing Adopt Resolution Adopt Ordinance (Ist Reading) Adopt Ordinance(2nd Reading) E] Award Bid/RFP Presentation Continued from: RESOLUTION NO.2008-073 A RESOLUTION OF THE CITY OF DANIA BEACH,FLORIDA,APPROVING THE REQUEST FOR MODIFICATIONS TO A SITE PLAN AND WAIVER,APPROVED BY RESOLUTION 2DO7-208 ON OCTOBER 23,2007,SUBMITTED BY NICK ECONOMOS ON BEHALF OF THE PROPERTY OWNER, GRIFFIN ROAD PARTNERS,LLC,FOR PROPERTY GENERALLY LOCATED AT THE NORTHEAST CORNER OF GRIFFIN ROAD AND RAVENSWOOD ROAD,(2081 GRIFFIN ROAD),IN THE CITY OF DANIA BEACH;PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. Dept: Acct#: Amt: Fund: General: El water: 0 sewer: El Stormwater: Ej Grants: El Capital: El SP-91-06mod.:The applicant, Sue Delegal, on behalf of the property owner Griffin Road Partners, Ll-C., is requesting site plan modifiration for the property at 2081 Griffin Road. -�esoiution Staff Report Application Declaration of Covenants Site Plan Exh i x I t MON Submitted by Corinne Lajoie Date Department Director Corinne Lajoie Date Assistant City Mananer Date HR Director Date Finance Director Date City Attome Date ON Manaae Date Commission Action: Approved: E] Denied: n Continued to: RESOLUTION NO. 2008-073 A RESOLUTION OF THE CITY OF DANIA BEACH,FLORIDA, APPROVING THE REQUEST FOR MODIFICATIONS TO A SITE PLAN AND WAIVER, APPROVED BY RESOLUTION 2007-208 ON OCTOBER 23,2007,SUBMITTED BY NICK ECONOMOS ON BEHALF OF THE PROPERTY OWNER, GRIFFIN ROAD PARTNERS,LLC,FOR PROPERTY GENERALLY LOCATED AT THE NORTHEAST CORNER OF GRIFFIN ROAD AND RAVENSWOOD ROAD, (2081 GRIFFIN ROAD), IN THE CITY OF DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER,PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 8.4 of Article I of Chapter 8 of the Code of Ordinances of the City of Dania Beach, Florida, states that a site plan is required as a condition to the issuance of a building permit; and WHEREAS, Nick Economos, on behalf of the owner, Griffin Road Partners, LLC, has applied for modifications to the site plan and waiver approved by Resolution 2007-208,relating to the proposed construction of two hotels and an office building, to be generally located at the northeast comer of Griffin Road and Ravenswood Road, (2081 Griffin Road),in the City of Dania Beach; NOW,THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the proposed modifications to the site plan(SP-91-07)andwaiver(WA- 3 0-07),for property generally located at the northeast comer of Griffin Road and Ravenswood Road, (2081 Griffin Road),in the City of Dania Beach are approved, subject to the conditions previously approved by the City Commission as follows: 1. All landscaped areas must be curbed w/type"D" or"F"curbing(to be identified on the site plan). 2. Provide maximum wall enclosures for dumpster is 6'8" (per Planning Division). 3. The applicant must provide a recorded copy of the plat prior to issuance of a building permit (per the Planning Division). 4. FAA approval of height of buildings and pole sign prior to issuance of a building permit must be famished to the City. 5. Submit evidence of commitment to provide 7 day/24 hour on-demand hotel shuttle. 6. Entire project is subject to a parking arrangement allowing customers to park anywhere on the site, subject to City Attorney approval as to documents embodying such arrangement. 7. Medical Office is allowed only upon a showing that sufficient parking is available based on medical office parking requirements (I space per 150 sq. ft. of gross floor area). 8. Compliance with Fire Department and Public Services comments (attached to and incorporated into this Resolution as "Attachment I"). Section 2. That based upon the criteria set forth in Section 84(p)of Article I of Chapter 8,of the Code of Ordinances of the City of Dania Beach,all site plan approvals shall automatically expire and become null and void unless building permits are obtained on or before 12 months from the date of this Resolution. Section 3. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 4. That this Resolution shall be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED on 2008. ALBERT C. JONES MAYOR-COMMISSIONER ATTEST: LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS BY: THOMAS J. ANSBRO CITY ATTORNEY 2 RESOLUTION#2008-073 "ATTACHMENT I" GRIFFIN ROAD PARTNERS—FIRE AND PUBLIC SERVICES CONDITIONS I. Provide fire flow calculations prepared, signed and sealed by a professional engineer currently licensed in the state for each newly constructed building in excess of 5,000 sq.ft.in size. All calculation must be in accordance with the Guide for the Determination of Required Fire Flow, Edition 05-2006(Fire Marshal). 2. Provide a fire flow test to be witnessed by the Fire Prevention Bureau to determine adequate water supply. This must be scheduled through the Fire Prevention Bureau(Fire Marshal I- 18-07). 3. Vertical clearances of 14'min.are required. Demonstrate this requirement by providing note on plans (Fire Marshal). 4. Demonstrate or provide a note on the plan to indicate the following requirements of DOT roadway pavement markers: 1)provide 2 blue double-reflective department of transportation type road marker to be adhered to the hard surfaces of the roadway in the middle of the lane nearest to &directly in front of the newly installed fire hydrant(Fire Marshal) 5. Provide clearances of 7.5' in front of and to the sides of the fire hydrant,with a 4' clearance to the rear of any hydrant of fire protection appliance (Fire Marshal). 6. Additional fire hydrants are required. Hydrant spacing shall not exceed 300 feet linear separation for commercial properties. The distribution system must remain looped and hydrants shall not be located less than 40' from buildings (Fire Marshal). 7. Identify the locations of all standpipes and FDC's. Provide additional FDC's as required by the Fire Marshal. Please see the Fire Marshal for locations. See comments from 1-18-07 for FDC's requirements (Fire Marshal). 8. Provide a detail for the backflow prevention assemblies (Fire Marshal). 9. Drawings C-1, check and correct note#11, See drawing C-4 (Public Services). 10. Drawings C-2&C-4,provide necessary quantity of stormteck SC-740 chambers to mitigate difference in required pervious area of 30%versus 23%provided. Recommend approval of waiver if mitigated(Public Services) 11. "NO PARKING"signs,striping and curb painting are required in multiple areas for this site. Please see the Fire Marshal to discuss locations. See the details in Fire Marshal comments dated 1-18-07 (Fire Marshal). 12.Please provide fire hydrant detail in accordance with the following: 3 RESOLUTION#2008-073 The center of a hose outlet shall be not less than 18" above final grade, or where located in a hose house, 12" above the floor. The streamer opening is to be 4.5"in size with 4 National Standard Treads per inch. All fire hydrants shall be 'traffic type' to beak-away upon impact. The fire hydrant main body valve shall open against the flow and shall close with the flow. RESOLUTION#2008-073 CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT DATE: May 13, 20087 TO: Ivan Pato, City Manager FROM: Corinne Lajoie, AlCP, Principal Planner C4 t4/ — SUBJECT: SP-91-06mod.: The applicant, Sue Delegal, on behalf of the property owner Griffin Road Partners, LLC., is requesting site plan modification for the property at 2081 Griffin Road. Site Plan Modification The applicant is requesting a site plan modification to allow the subdivision of the previously approved site plan into three (3) separate parcels. The applicant has provided a Declaration of Covenants, Restrictions and Easements which identifies cross easements for utilities, drainage and storm water management. The applicant intends to construct and maintain the site as reflected in the original site plan. CITY COMMISSION PREVIOUS ACTION On October 23, 2007 the City Commission approved the site plan, waiver and variances for this project with conditions. STAFF RECOMMENDATION At the discretion of the City Commission. LAW OFFICES BILLING, COCHRAN, HEATH, LYLES, MAuRo, ANDERSON P-AxsEy, P.A. POST OFFICE BOX 21627 GREGORY T.ANDERSON FOHT LAUDBHDAY , Fmo�DA 33335-1627 MICHAEL V.BAXTER CLARK J.COCHRAN.JR. ERIC P.CZELUSTA BS8 S.E.3"D AVENUE.SUITE 301 VIVIAN H.FAZIO W.TUCKER CRAIG FORT LAUDERDALE,FLORIDA 33316 JUSTIN D.GROSZ SUSAN F. DELEGAL (954)764-7150 KERAE. HAGAN CAROL J. HEALY GLASGOW FAX;(954)7454�7279 SBE THOMAS C. HEATH DONNAM.KRU GREGORY M. KEYSER 400 AUSTRALIAN AVENUE SOUTH,SUITE 500 DANIEL L.LOSEY GERALD L. KNIGHT WEST PALM BEACH. FLORIDA 33�01 ALINE 0. MARCANTON10 DENNIS E.LYLES (561)659�5970 KRISTA K.MAYFIELD JOHN W. MAURO FAX:(561)659-6173 SHAWNB.McKAMEY KENNETH W.MORGAN.JR. JOHN B.MOORES BRUCE M. RAMSEY 3001 N, ROCKY POINT DRIVE EAST,SUITE 200 MICHAEL J.PAWELCZYK TAMPA. FLORIDA 33607 T.CHRIS71NE PEREZ KEVIN M.VANNATTA (813)281-4671 ANDREW A.RIEF STEVEN F.BILLING(1947�1998) FAX:(813)289-7748 PHILLIP W.THRON HAYWARD 0.GAY(19�1-2007) wwwbchlm.com PLEASE REPLY TO� FORT LAUDERDALE April 21, 2008 VIA HAND DELMRY Ms. Corrine Lajoie, AICP Principal City Planner City of Dania Beach 100 West Dania Beach Blvd. Dania Beach, Florida 33004 Re: Amendment to Resolution 2007-208 approving Site Plan for Griffin Road Partners, LLC - 2081 Griffin Road Dear Ms. Lajoie: Attached please find the General Development Application with regard to the above referenced matter. Please let me know if you have any questions. Very truly yours, Susan F. Delegal For the Firm SFD/rm Encl. NJ 100006223,DOC v.I 4i2l/2008 01:53 PNI I City of Dania Beach, Florida Department of Community Development Planning and Zoning Division (954)924-6805 Phone www.daniabeachfi.gov General Development Application Q Administrative variance El Assignment of Flex/Reserve Units U Land Use Amendment U Plat Lo El Plat Delegation Request L3 Rezoning APR 'Z 1 20JO Date Rec'd: Jjk Site Plan Petition No.: se-RI 06k�A Li Special Exception Planning U Trafficway Waiver Department 0 Variance El Roadway Vacation u Extended Hours El Other: THIS APPLICATION WILL NOT BE ACCEPTED UNTIL IT IS COMPLETE AND SUBMITTED WI-rH ALL NECESARRY DOCUMENTS. Refer to the application type at the top of this form and "Required Documentation"checklist to determine the supplemental documents required with each application. For after the fact applications, the responsible contractor of record shall be present at the board hearing. Their failure to attend may impact upon the disposition of your application. As always, the applicant or their authorized legal agent must be present at all meetings. All projects must also obtain a building permit from the City's Building Department. Location Address: 2081 Griffin Road, Dania Beach, Florida 33304 Lot(s): Block: — Subdivision: Recorded Plat Name: Airport cominerce Center Plat 5042 2817 0010 rpor oe Center Lggal Description. Parcel A, Ai W s Folio Number(s): Plat, �(k�i&-0-3--n ]Piat Elook 17 ��age �0-�7 Applicant/Consultant/Legal Representative (circle one) Susan F. Delegal 888 S.E 3rd Avenue, Suite 301 , Fort Lauderdale, FL 33316 Address of Applicant: Business Telephone: 654-764-7150 Home: Fax: 954-764-7279 Name of Property Owner: Griffin Road Partners, LLC 4000 N. Federal Highway, Suite 206, Boca Raton, EL 33431 Address of Property Owner: 561-361-2568 561-361-3945 Business Telephone: Home: Fax: Explanation of Request: Amendment to Resolution 2007-208 approving site plan For plats please prowde proposed Plat Name for Vaniances please attach cHtella Statement as per Article ia 13 of napter 28 zonlng code. Prop. Net Acreage: B.148 Gross Acreage: _Prop. Square Footage: 354,926 Existing Use: vacant land Proposed Use: hotel/office limited liability company Is property owned individually, by a corporation, or a joint venture. I understand.that site plan and variance approval automatically expires within 12 mo:n=thcommis J- pproval, pursuant to Ordinance No. 2005-040. Nicholas Economos, Sr. Applicant/Owner signiture Print Name Date APPLICANT, CONSULTANT, OR LEGAL REPRESENTATIVE NOTARIZED SIGNATURE Swom to and subscribed before me Applicant/Consultant/Representative: This I k -20 17�\ day of Signature: Date: ck V\ S ign am of N gryblic (Print Name) ig 4SAte 888 S.E. 3rd Avenue, Suite 301 Fort Lauderdale, FL 33316 (A-t(C-Ar - Print Name of NotarV-J Street Address, City, State and Zip Code Co LINAAG" 954-764-7150 954-764-7279 (fax) 019IM1590FO W—S013 Telephone No. & Fax No. Se k DARES:gVtm�7,200B Let am iTtnN�VYP&zftMMMM I INDIVIDUAL OWNER NOTARIZED SIGNATURE: This is to certify that I am the fee simple owner of subject lands described above and that I have authorized (Applicant/Consultant/Representative) to make and file the aforesaid application. GSLIFrieJ &�"P-TeJtP.s lic 93-f: Sworn to,&nd subscdbpd before me owner: Om This Ifif Cday of 20-Q-V� Signature: Date: 'Ct�AOS 49 N Wme ��P�ubllc �Prlrnt Name) te of( Li0oo, rt3. FEDUAL NW1, TrE zti&, BoCA RAJr-4, FL 33qZl Print Name of Notary Street Address, City, State and Zip Code Commission Expires: 561-361- ZY846 S61. 3(,i - Seal: Telephone No. &Fax No. CommWonOD69M M,epires July 30,201 my COM ,epires July 30,201 CORPORATION NOTARIZED SIGNATURE: This is to certify that the below referenced corporation is the owner of subject lands described above and thot L as a duty authorized officer, have authorized (Applicant/Consultant/Representative) Nicholas Econancis, Sr. Mainagiax to make and file the aforesaid application. Sworn to and subscribed before me Corporation Name: Griffin Road P LLC This id�Aay of 20-d--V 13y: r Signature: las Ecoriorrios, Sr. ger �fin Road P LLC Jre. las Econornos, Sr. 9�r DAVIDMIGH Date: '411jda a� 41 Notafy Publik,SW9 of HOMO n#DDBM i C Y, Fc�--t%j 0'Y comm. es J �Print Name) Manager sit Na e o WNoublic (Print Title) t 0 4000 0 . CEDUAL. Hwl,SrF 2*C, accA M-33LO/ Print Name of Notary Street Address, City, State and Zip Code Commission Expires: .5'Gl JU e$,a& Seal: Telephone No. &Fax No. JOINT VENTURE/PARTNERSHIP NOTARIZED SIGNATURE: This is to certify that the below referenced that the duly authorized persons are the owners of subject lands described above and that all partners have authorized (Applicant/Consultant/Representative) to make and file the aforesaid application. Sworn to and subscribed before me This—day of_20 Signature: Date: (Print Name)** Sign Name of Notary Public State of( Print Name of Notary Street Address, City, State and Zip Code Commission Expires: Seal: Telephone No. &Fax No. **Each partner must sign. Attach duplicate sheets as required. LAW OFFICES Bmir NG, COCHRAN, HEATH, LYLES, MAURO, ANDERSON & RAmsEy, P.A. POST OFFICE BOX 21627 GREGORY T.ANDERSON FORT LAuDHnD�H, F�MDA 33335-1627 MICHAEL V. BAXTER CLARK J.COCHRAN.JR. ERIC P.CZELUSTA W.TUCKER CRAIG 888 S.E.3--AVENUE,SUITE 301 SUSAN F. DELEGAL FORT LAUDERDALE, FLORIDA 33316 VIVIAN H. FAZIO (954)764-7150 JUSTIN D.GROSZ CAROL J.HEALY GLASGOW FAX:(954)764-7279 KERA E.HAGAN THOMAS C.HEATH DONNA M. KRUSBE GREGORY M. KEYSER 400 AUSTRALIAN AVENUE SOUTH,SUITE 500 DANIEL L. LOSEY GERALD L. KNIGHT WEST PALM BEACH, FLORIDA 33401 ALINE 0.MARCANTONIO DENNIS E. LYLES (561)659-5970 KRISTA K. MAYFIELD JOHN W. MAURO FAX:(561)659-6173 SHAWN B. McKAMEY KENNETH W. MORGAN.JR. JOHN B.MOORES BRUCE M.RAMSEY 3001 N.ROCKY POINT DRIVE EAST,SUITE 200 MICHAEL J.PAWELCZYK KEVIN M.VANNATTA TAMPA, FLORIDA 336CI7 T.CHRISTINE PEREZ STEVEN F BILLING(1947 1998) (813)281-4671 ANDREW A.RIEF FAX:(813)289-7748 HAYWARD D.GAY 09�2007) www.tIchim.com PHILLIP W.THRON PLEASE REPLY TO FORT LAUDERDALE A- .116, 2008 �Fn Ms. Corrine Lajoie, AICP Principal City Planner City of Dania Beach 100 West Dania Beach Blvd. Dania Beach, FL 33004 Re: Amendment to Resolution 2007-208 approving Site Plan for Griffin Road Partners, LLC - 2081 Griffin Road Dear Ms. Lajoie: This firm represents Griffin Read Partners, LLC, the applicant for a request to amend City of Dania Beach Resolution 2007-208 which granted site plan approval and certain waiver requests for property located at the northeast comer of the intersection of Griffin Road and Ravenswood Road ("Property"). Enclosed are the following documents: Exhibit 1 —City of Dania Beach Resolution 2007-208 dated October 23, 2007 Exhibit 2 —ten (10) copies of sketch of approved site plan showing new property boundaries [two (2)24"by 36" and eight (8) 11"by 17"] Exhibit 3 — Certificates from Florida Secretary of State evidencing filing of Articles of Incorporation for GRIFFIN ROAD ONE, LLC, GRIFFIN ROAD TWO, LLC, and GRIFFIN ROAD THREE, LLC Exhibit 4 - Declaration of Covenants, Restrictions and Easements of Griffin Road Partners, LLC t00006205.DOC v.14/16/2008 02:36 PM) Ms. Corrine Lajoie April 15, 2008 Page 2 The project for which site plan approval was granted by the City Commission ("Project") consists of two (2) hotels (a Homewood Suites Hotel and a Fairfield hm) and a sixty-two thousand (62,000) square foot office building. You may recall that representatives of the applicant met with you, City Attorney Tom Ansbro, and the City's special land use counsel to discuss the process and procedure for obtaining the City's approval of a change in ownership of the property upon which the Project will be constructed. Section 8-4 of the Code of Ordinances of the City of Dania Beach provides that site plan "approval shall automatically expire if the affected property is sold and may only be revived if approved by the City Commission." Griffin Road Partners, LLC, as the property owner, desires to obtain advance approval from the City of Dania Beach for subdivision of the Property into three (3) separate parcels. Exhibit 2 illustrates the new property lines as follows: Parcel I shall comprise the Fairfield Inn; Parcel 2 shall comprise the Homewood Suites; and Parcel 3 shall comprise the office building. The new property lines are indicated by the dashed lines shown on the sketch including the parking spaces that will be included for each use. Exhibit 3 is a composite of certificates issued by the Florida Secretary of State evidencing the creation of three new entities identified as Griffin Road One, LLC, Griffin Road Two, LLC, and Griffin Road Three, LLC. Griffin Road One, LLC will own Parcel 1, the Fairfield Inn; Griffin Road Two, LLC will own Parcel 2, the Homewood Suites, and Griffin Road Three, LLC will own Parcel 3, the office parcel. A review of the certificates demonstrates that each of these three companies is an entity related to Griffin Road Partners, LLC, the owner of the property upon which the site plan approval was granted. And, finally, Exhibit 4 is a Declaration of Covenants, Restrictioris and Easements ("Declaration") which will be recorded on the Property by Griffin Road Partners, LLC, prior to conveyance of the three parcels to the new entities, creating a master association and declaring ownership in the association among the owners of Parcels 1, 2, and 3. Please note with particularity Article 6 titled "Easements" providing for cross easements for access and parking among the three parcels as well as easements for utilities, drainage and storm water management. Moreover, please note that Section 5.3 provides that all development within the Property must be constructed and maintained in accordance with the site plan approval of the City, including but not limited to landscaping. Section 6.5 provides a perpetual easement on Parcel 3 for the benefit of Parcels I and 2 for the installation of a pole sign to identify all three uses. Section 12.3 provides the City of Dania Beach with enforcement rights under the Declaration. We included provisions in the Declaration consistent with our discussion at the meeting. Also, counsel requested a copy of the operating agreement among the parties. There is an operating agreement under preparation; however, it deals only with financing issues unrelated to the concerns raised by representatives of the City at the meeting. The Declaration is the operative document concerning the issues raised by the City relating to use, operation and maintenance of the property and the buildings thereon, including common areas, utilities, and amenities serving the entire Property. (00006205.DOC v.1 4/16/2008 02:36 PM I Ms. Corrine Lajoie April 15, 2008 Page 3 Please let me know if there are any further documents required to complete this application for amendment to the resolution approving the site plan. We also understand that certain cost recovery charges will be applicable and the applicant is prepared to pay reasonable costs associated with the City's review. We understand that once staff and legal counsel are satisfied with the submittal, it will be placed on the agenda of the City Commission for approval. We very much appreciate the City's cooperation and look forward to working further with you on this matter. Sincerely, 9 - � c-A .,� C-�.A SUSAN F. DELEGAL For the Firm SFD/rm Encl. cc: Tom Ansbro, Esq. Nick Economos t00006205.DOC v.14/16/2008 02:36 PM I RESOLUTION NO.2007-208 A RESOLUTION OF THE CITY OF DANIA BEACH,FLORIDA,APPROVING THE SITE PLAN AND WAIVER REQUESTS SUBMITTED BY NICK ECONOMOS ON BEHALF OF THE PROPERTY OWNER, GRIFFIN ROAD PARTNERS, LLC, FOR PROPERTY GENERALLY LOCATED AT THE NORTHEAST CORNER OF GRIFFIN ROAD AND RAVENSWOOD ROAD, (2081 GRIFFIN ROAD), IN THE CITY OF DANIA BEACH, FLORIDA; PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FORAN EFFECTIVE DATE. WHEREAS,Section 8.4 of Article I of Chapter 8 of the Code of Ordinances of the City of Dania Beach,Florida, states that a site plan is required as a condition to the issuance of a building permit;and WHEREAS,Article 18.60"Industrial Research Office Marine",of Chapter 28 of the City Code of Ordinances setsthe front yard and interior side lotline setback requirements foruses within the IROM zoning district;and WHEREAS,Article 29,"Pervious and Impervious Areae',of Chapter 28 ofthe City Code of Ordinances set the minimum pervious area requirements for uses within the IROM zoning distrirt; and WHEREAS,Nick Economos,on behalf of the property owner,Griffin Road Partners,LLC, is requesting site plan approval(SP-91-07)for the proposed construction of two hotels and an office building, to be generally located at the northeast corner of Griffin Road and Ravenswood Road, (2081 Griffin Road), in the City of Dania Beach; and WHEREAS, Nick Economos, on behalf of the property owner, is also requesting the following waivers(WA-30-07): 1. Request to provide 24%pervious area(Chapter 28,Article 29,'Tervious and Impervious Areas",allows a minimum of 30%pervious area); 2. Request to provide an office building with 20 foot front yard along Griffin Road(Chapter 28,Article 18,IROM, Section 18.60 requires a 62 foot setback); 3. Request to provide an office building with 10 foot interior side lot line (Chapter 28, Article 18,IROM, Section 18.60 requires 31 1/2-foot for interior side yards); and WHEREAS,the Planning and Zoning Board on Septembcr27,2007,recommended thatthe City Commission grant the siteplan request(SP-91-06),subjectto certain conditions,based uponthe criteria sot forth in Section 8.4 of Article I of Chapter 8 of the Code of Ordinances of the City of Dania Beach; and WHEREAS,the Planning and Zoning Board on September 27,2007,also recommended that the City Commission grant the request for waiver CWA-30-07),subjecito certain conditions,based upon the criteria set forth in Sections 29.10 of Article 29 and 18.60 of Article 19, of Chapter 28 of the Code of Ordinances of the City of Dania Beach, NOW,THEREFORE,BE IT RESOLVED 13Y THE CITY COMMISSION OF THE CITY OF DANIA BEACH,FLOREDA: Section 1. That that certain application(SP-91-06)for site plan approval and(WA-3 0- 07)request for waiver,copies of which are attached and made a part of this Resolution as Exhibit "A" are approved with the following conditions to be addressed prior to issuance of a building permit: I. All landscaped areas must be curbed whype"D"or'T"curbing. Identify on site plan. 2. Maximum wall enclosure of dumpster is 6% 8'proposed. Revise accordingly(Planning Division). 3. Must provide recorded copy of plat prior to issuance of a building permit (Planning Division). 4. FAA approval of buildings and pole sign prior to issuance of a building permit. 5. 7 day/24 hour on-demand howl shuttle. 6. Entire project subject to a parking easement allowing customers to park anywhere on the site. 7. Medical Office allowed only upon a showingthat sufficient parking is available based on medical office parking requirements(I space per 150 sq. ft. of gross flc)or area). 8. Fire Department and Public Services Comments (Attached to this resolution as "Attachment 1"). 2 RESOLUTION 42007-208 It is finther noted that the original site plan is maintained in the office of the Community Development Department of the City of Dania Beach. Section 2. Thatbased uponthe criteria set forth in Section 9-4(p)of Artielt I of Chapter 8,ofthe Code of Ordinances of the City of Dania Beach,all site plan approvals shall automatically expire and become null and void unless building permits are obtained on or before 12 Months from the date of this Resolution. Section 3. That all resolutions or pails ofresolutions in conflictwith this Resolution are repealed to the extent of such conflict. Section 4 That this Resolution shall be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED on October 23, 2007. *MAYORT OMMISSIONER ATTEST- (�AeUtAt LOUISE STILSON,CMC CITY CLERK APP RRECTNESS: BY: CITY ATTORNEY 3 PESOLUTION#2007-208 "ATTACHMENT 1" GRIFFIN ROAD PARTNERS—FIRE AND PUBLIC SERVICES CONDITIONS I. Provide fire flow calculations prepared, signed and sealed by a professional engineer currently licensed in the state for each newly constructed building in excess of 5,000 sq.fi.in size. All calculation must be in accordance with the Guide for the Determination of Required Fire Flow,Edition 05-2006(Fire Marshal). 2. Provide a fire flow test to be witnessed by the Fire Prevention Bureau to determine adequate water supply. This must be scheduled through the Fire Prevention Bureau(Fire Marshal I- 18-07). 3. Vertical clearances of Wmin.are required. Demonstrate this requirement by providing note on plans(Fire Marshal). 4. Demonstrate or provide a note on the plan to indicate the following requirements of DOT roadway pavement markers: 1)provide 2 blue double-reflective department of transportation �ype mad marker to be adhered to the hard surfaces of the roadway in the middle of the lane nearest to&directly in front of the newly installed fire hydrant (Fire Marshal) 5. Provide clearances of 7.5' in front of and to the sides of the fire hydrant,with a 4' clearance to the rear of any hydrant of fire protection appliance (Fire Marshal). 6. Additional fire hydrants are required. Hydrant spacing shall not exceed 300 feet linear separation for commercial properties. The distribution system must remain looped and hydrants shall not be located less than 40' from buildings (Fire Marshal). 7. Identify the locations of all standpipes and FDC's. Provide additional FDC's as required by theFireMarshal. Please seethe Fire Marshal for locations. See comments from 1-18-07 for FDC's requirements (Fire Marshal). S. Provide a detail for the backflow prevention assemblies (Fire Marshal). 9. Drawings C-1,check and correct note#11, See drawing C-4 (Public Services). 10. Drawings C-2&C-4,provide necessary quantity of stormteck SC-740 chambers to mitigate difference inrequired pervious area of 30%versus 23%provided. Recommend approval of waiver if mitigated(Public Services) 11,"NO PARKING"signs,striping and curb painting are required in multiple areas for this site. Please see the Fire Marshal to discuss locations. See the details in Fire Marshal comments dated 1-19-07 (Fire Marshal). 12. Please provide fire hydrant detail in accordance with the following: 4 PESOLUTION#2007-208 The center of a hose outlet shall be not less than 18" above final grade, or where located in a hose house, 12"above the floor. The streamer opening is to be 4.5"in size with 4 National Standard Treads per inch. All fire hydrants shall be 'traffir,type' to beak-away upon impact. The fire hydrant main body valve shall open against the flow and shal I close with the flow. RESOLUTION#2007-208 5 City of Dania Beach, Florida Department of Community Development Planning and Zoning Division (9154)924-3645 General Development Application a Administrative Variance U Aulginnad of FISX/ReServIl Unft 13 LvW Use Amendment • Plat • Plat DeleptiOn Requcd Date Rec'd: (4 • Rimming MONTE V sra Plan Partition No.- -()(0 0 Special EMPWn DEC 2 12006 a Spodal Requed (3 Traftway Waiver Planning C1 Variance 13 voodoo Recluesit Department U oftr. L==1 THIS ApKICATION WrLL N"ag AccEpTED UNM IT IS COMPLEM AND SUBMITTED WITH ALL NECESARRY DOCUMENTS. Refer to the application type at ft top of this form and Mequired DDcumentatimw dieddIst to determine the supplemental docurrents required with each application. For after the fact applications,the responsible contractor of record shall be Present at the board hearing. Their failure to attend may Impact upon the disposition of your application. As always� the applicant Or their authorized legal agent must be present at all meetings. AM projects must also obtain a building permit from the City's Building Department. Ft- -333CILI Location Address: Z 0'8 1 GRX FFT/N� KCAD i DA('11A MAL-A Block: _3 _ Subdivision: Recorded Plat Name: AiLrofrcovfezr-& erdwrz PL4r Foio Number(s): 10-5 3 67-9 65 Legal Desdiption' 10r M 8 WQC 3 o t14 r aP ?-1# 2.q, '51 AA;D M i (9�i�onsultant/Legal Representative (circle one) A 0--- &TF—zc4, i3coCA XVm�J I F1 1�14 3 1 Address of Applicant: 44OCti rjok-TH F-EOU-AA, kLul Business Telephone:5m t �61-z5-&6 Home: Fax:'9(41 34 "Al 4 S Name of Prop"Owner: G P I IF FX,-�-J PrAO PA9--reJbz-T F - Address of Property owner:4" MOL-11-i Jt,`f, SrF Business Telephone:-2�01--3w ?5-r6 Home: Fax: Explanation of Request: Sir& P&W uvie-w Square Footage: 354, 1V 6 Prop. Net Acreage: 5.149 Gross Acreage: _Prop. ExistingUse: VACANT J-ArJJ2� Proposed Use: lAtJIL3 10IFFrt�,_/U.SrAwtw is property owned Individually,by< W =orporaflon>r a joint venture? I understand that site plan and variance approval automatically expires within 12 months City Commission approval, pursuant to Ordinance No. 20OS-040. lA%0,6 Cl C.r4 to M I?- 1 Cfz Applikan n PrintName Date APPLICANT,CONSULTANTr OR LEGAL REPRESENTATIVE NOTARMED SIGNATURE Sworn,to and subsi-ribed before me sultanVPepresentative: This ri3ay 205-0�-IraL� r /� /' Signaturr�-e— .' - Date: 11-3 106 M% '-%\% (Print Name) Sta ZAC�4AHMAM K Notary Pubi.C.Shle ot Florida WAO W-JX4 PERAI- HW41 C M ZC4 "ota!',ub MY Cor-dit apireK Pug 25'M9 PIL IM411 in MA or Street Address,Cit�,State and Zip Code Commission Exores., Seal: Telephone No. &Fax No. INDIVIDUAL OWNER NOTARIZED SIGNATURE@ This is to certify that I am the -fee simple owner of subject lands desuitied above and that I have authorized (ApplicanVCorvsulant/Representafrve) to make and file the aforesaid appiication. Sworn to and 5ubscribed before me Owner: Ths_day of_20 Signature; Date: Sign Na rie of Notary Public (Print Name) State of( Print Name;j—Notary — Street Address,City, State and Zip Code Commission Expifes'. Seal: Telephone No. &Fax No. CORPORATION NOTARIZED SIGNATURE. This is to certify that the below referenced corporabon is the owner of subjed lands described above and that I, as a duly au officer, have authorized Qe�n nsultantJRepresentattvre) ,,,red to make and File the aforesaid application. Sworn to and subscribed before me Corporation Name. G ZIF FrrJ This yof gWCEL 20-04t Afda Date: 17- (Print Name) HA'rJ"'CWJ6 —Sign me Of Nomm'Y Public (Print Title) State I go ry ZACK RAFWN -SM 11 W 9;0!ift Th MIMS ALS 25,2DO9 Address,City,State ana Zip Cbda Comm ssion D0466020 51�I-361 - 7s-s4 Ctw� 3,6 1-3W -39 q-rdF) Seal; Telephone No. &Fax No. JOINT VENTURE/PARTNERSHIP NOTARIZED SIGNATURE: This is to certify that the below referenced that the duly authorized persons are the owners of subject lands described above and that all partners have authorized (Appl'"nt/Consultant/Representative) to make and file the aforesaid application. Sworn to and subscribed before me This_day of_ 20 Signature: Date: (Print Narre)** Sign Name of Notary Public State of Print Name of Notary Street Address,City, State and Zip Ccde Commission Expires: Seal: Telephone No. &Fax No. **Each partner must sign. Attach duplicate sheets as required. J .9 m > Z ir C, yz� cn c c 0 vm PH Him E cailAL o P2 w m ryo —41 ------ ----------- ry 350-617-6381 2/20/2008 10 :43 PAGE 001/002 Florida Dept of State Of r% -AL.- OW :1P.Partutput of I certify the attached is a true and correct copy of the Articles of 0 r� nj::tion of GRIFFIN ROAD ONE, LLC, a limited liability company ':n MCI org d under the laws of the state of Florida, filed on February 19, 2008, as shown by the records of this office. :1512 I f th the document was electronically received under PAX audit nu�2ererOcBeOrOtOONY0619 . This certificate is issued in accordance with section 15 . 16, Florida Statutes, and authenticated by the code noted below The document number of this limited liability company Is L08000017993 . CPA Authentication Code: 10BA00010767-022008-LO8000017993-1/1 KIC Z®r G8 Given under my hand and the ' Great Seal of the State of Florida, at Tallahassee, the Capital, this the Twentieth day of February, 2008 Rurt fp. ProWntug Received 02-20-200B 10:3Tam From-850-617-6381 To-Katz Barron Squitero Page 001 850-817-8381 2/20/2008 10 :43 PAGE 002/002 Florida Dept of State February 20, 2008 FLORIDA DEPARTNMNT OF STATE Division OfCorpoTations GRIFFIN ROAD ONE, LLC 4000 NORTH FEDERAL HWY STE 206 BOCA RATON, FL 3343i The Articles of Organization for GRIFFIN ROAD ONE, LLC were filed on February 19, 2008, and assigned document number L08000017993 . Please refer to this number whenever corresponding with this office. The certification you requested is enclosed. To be official, the certification for a certified copy must be attached to the original document number that was electronically submitted and filed under FAX audit number H08000040619. A limited liability annual report/uniform business report will be due this office between January 1 and May I of the year following the calendar year of the file date. A Federal Employer Identification (PEI) number may be required before this report can be filed. Please apply NOW with the Internal Revenue Service by calling 1-800-829-4933 and requesting form SS-4 . Please be aware if the limited liability company address changes, it is the responsibility of the limited liability to notify this office. Should you have any questions regarding this matter, please contact this office at the address given below. Gina McLeod Regulatory Specialist II Reglstration/Qualification Section Division of Corporations Letter Number: IDBA00010767 P.0 BOX 6327—Tallahassee,Flonda 32314 Received 02-20-ZOOB IU:37am From-850-617-6381 To-Katz Barron Squitero Paze 002 Audit Number: H08000040619 3 ARTICLES OF ORGANIZATION FOR FLORIDA LIMITED LIABILITY COMPANY ARTICLE 1. - Name The name of the Limited Liability Company is: GRIFFIN ROAD ONE,LLC ARTICLE 11.—Address The mailing address and street address of the principal office of the Limited Liability Company is: 4000 North Federal Highway, Suite 206 Boca Raton, Florida 33431 Attn: Nicholas Economos ARTICLE 111.—Registered Agent,Registered Office, & Registered Agent's Signature: The name and the Florida street address of the registered agent are: Corpoo, Inc. 2699 S. Bayshore Drive, 7"'Floor Miarni, FL 33131 Attn: Howard L. Friedberg, Esq. Having been narned as registered agent to accept service of process for the above stated limited liability company at the place designated in this certificate, I hereby accept the appointment as registered agent and agree to act in this capacity. I further agree to comply with the provisions of all statutes relating to the proper and complete peifon-nance of my duties, and I am familiar with and accept the obligations of my position as registered agent as provided for in Chapter 608, F.S. REGISTERED AGENT Corpco, Inc., a Florida oration By: Howard L. F edberg, Vice President Audit Number: H08000040619 3 Audit Number:H08000040619 3 ARTICLE IV.—Management: The Limited Liability Company is to be managed by one or more managers and is, therefore, a manager-managed company. The narne and address of such manager who is to serve as the inifial manager is: Griffin Road Partners, LLC, a Florida limited liability company 4000 North Federal Highway, Suite 206 Boca Raton, Florida 3 .4431 Attn: Nic T os Howard L. Friedberg, as Authorizej Representative of a Member In accordance with section 60Y.408(3), Florida Statutes, the execution of this do4iment constitutes an affirmation under the pen ties of petJury that the facts fin are true. HALI B\DC)CS\072 74(X)I IC RPUC9298.DOC Audit Number: H08000040619 3 -2- 850-617-6381 2/20/2008 8 :03 PAGE 001/002 Florida Dept of State M 1U if L:Srtat Or tba H. :1PVHrtrAPnt Of SHE VI certify the attached is a true and correct copy of the Articles of nj::tion of GRIFFIN ROAD TWO, LLC, a limited liability company .rg:n HN 2r d under the laws of the state of Florida, filed on February 19, 2008, as shown by the records of this office. I f th_r certify the document was electronically received under FAX audit 8000040637 . This certificate is issued in accordance with C nui2erPRO ,Is SfaCt3.0n 15. 16, Florida Statutes, and authenticated by the code noted below6 The document number of this limited liability company is L08000017658. Authentication Code: 40BADOO10737-022008-LO8000017658-1/1 � jf F R 1 7 ell m Given under my hand and the Great Seal of the State of Florida, at Tallahassee, the Capital, this the Twentieth day of February, 2008 H Rnrt sb. Pf rokontna WS CHI x Hin HN x"In Received 02-20-2008 07:57am From-850-617-6381 To-Katz Barron Sauitero page 001 850-817-6381 2/20/2008 8 : 03 PAGE 002/002 Florida Dept of State February 20, 2008 FLoR)DA DEPARTN4ENT OF STATE Division of CorpoTations GRIFFIN ROAD TWO, LLC 4000 N FEDERAL HWY - STE 206 ATTN: NICHOLAS ECONOMOS 130CA RATON, FL 33431 The Articles of Organization for GRIFFIN ROAD TWO, LLC were filed on February 19, 2008, and assigned document number L08000017658. Please refer to this number whenever corresponding with this office. The certification you requested is enclosed. To be official, the certification for a certified copy must be attached to the original document number that was electronically submitted and filed under FAX audit number H08000040637 . A limited liability annual report/uniform business report will be due this office between January I and May I of the year following the calendar year of the file date. A Federal Employer Identification (FEI) number may he required before this report can be filed. Please apply NOW with the Internal Revenue Service by calling 1-800-829-4933 and requesting form SS-4 . Please be aware if the limited liability company address changes, it is the responsibility of the limited liability to notify this office. Should you have any questions regarding this matter, please contact this office at the address given below. Tammy Hampton Regulatory Specialist II Registration/Qualification Section Division of Corporations Letter Number: 40BA00010737 P.0 BOX 6327—TaUahassee,Flonda 32314 Received 02-20-2008 07:57am From-850-617-6381 To-Katz Barron Squitero Page 002 Audit Number: H08000040637 ARTICLES OF ORGANIZATION FOR FLORIDA LIMITED LIABILITY COMPANY ARTICLE 1. -Name The narne of the Limited Liability Company is: GRIFFIN ROAD TWO,LLC ARTICLE 11.—Address The mailing address and street address of the principal office of the Limited Liability Company is: 4000 North Federal Highway, Suite 206 Boca Raton, Florida 33431 Attn: Nicholas Economos ARTICLE 111.—Registered Agent,Registered Office, & Registered Agent's Signature: The narne and the Florida street address of the registered agent are: Corpeo, Inc. 2699 S. Bayshore Drive,7"'Floor Miarni,FL 33133 Attn: Howard L. Friedberg, Esq. Having been narned as registered agent to accept service of process for the above stated limited liability company at the place designated in this certificate, I hereby accept the appointment as registered agent and agree to act in this capacity. I further agree to comply with the provisions of all statutes relating to the proper and complete performance of my duties, and I am familiar with and accept the obligations of my position as registered agent as provided for in Chapter 608, F.S. REGISTERED AGENT: Corpco, Inc., a Florida co ration By:—i Howard L. Friel erg, Vice President Audit Number: H08000040637 3 Audit Number: H08000040637 3 ARTICLE IV.—Management: The Limited Liability Company is to be managed by one or more managers and is, therefore, a manager-managed company. The naine and address of such manager who is to serve as the initial manager is: Griffin Road Partners, LLC, a Florida limited liability company 4000 North Federal Highway, Suit 206 Boca Raton, Florida 3343 in Attn: Nicholas Econo Fj Howard L. Friedberg, as Authorized ReVresentative of a Member In accordance with section 608.4013), Florida Statutes, the execution of this documept constitutes an affirmation under the penalties tf periury that the facts stated herein are true. H:\Ll MDOCS\07274001\CRP\IEO 132.DOC Audit Number: H08000040637 3 -2- 850-617-6381 2/20/2008 7 : 48 PAGE 0011002 Florida Dept of State Ann tate- _.of- OW grVartutent of I certify the attached is a true and correct copy of the Articles of ,&:n tion of GRIFFIN ROAD THREE, LLC, a limited liability company nl::d under the laws of the state of Florida, filed on February 19, 2008, as shown by the records of this office. U1 I f th the document was electronically received under FAX audit nu�=10C880rOtOO'420644 . This certificate is issued in accordance with n.-Nam section 15. 16, Florida Statutes, and authenticated by the code noted below n 'The document number of this limited liability company is L08000017652 - _X mc elim Authentication Code: 808AO0010680-022008-LOB000017652-1/1 KE r - AFR 1 : 2120 Given under my hand and the Great Seal of the State of Florida, at Tallahassee, the Capital, this the Twentieth day of February, 2008 P We Rurt ib. AlroWning X ecretary of �btate a"12 & nm am ULNUMMUMMUM tj MR Received 02-20-2008 07:42am Frour-850-617-6381 To-Katz Barron Squitero Page 001 850-617-6381 2/20/2008 7: 48 PAGE 002/002 Florida Dept of State February 20, 2008 FLORIDA DEPARTMENT OF STATE Division ofCorporations GRIFFIN ROAD THREE, LLC 4000 NORTH FEDERAL aICRWky, SUITE 206 ATTN: NICHOLAS ECONOMOS BOCA RATON, FL 33431 The Articles of OrganiEation for GRIFFIN ROAD THREE, LLC were filed on February 19, 2008, and assigned document number L08000017652 . Please refer to this number whenever corresponding with this office. The certification you requested is enclosed. To be official, the certification for a certified copy must be attached to the original document number that was electronically submitted and filed under FAX audit number H06000040644 . A limited liability annual report/uniform business report will he due this office between January I and May 1 of the year following the calendar year of the file date. A Federal Employer identification (FBI) number may be required before this report can be filed. Please apply NOW with the Internal Revenue Service by calling 1-800-829-4933 and requesting form SS-4 . please be aware if the limited liability company address changes, it is the responsibility of the limited liability to notify this office. Should you have any questions regarding this matter, please contact this office at the address given below. Joey Bryan Regulatory Specialist II Registration/Qualification Section 808AO0010680 Division of Corporations Letter Number P.0 BOX 6327-TaIlahassee,Florida 32314 Received 02-20-2008 07:42am From-850-617-6381 To-Katz Barron Squitero Page 002 Audit Number: H08000040644 3 ARTICLES OF ORGANIZATION FOR FLORIDA LIMITED LIABILITY COMPANY ARTICLE 1. - Name The name of the Limited Liability Company is: GRIFFIN ROAD THREE,LLC ARTICLE 11.—Address The mailing address and street address of the principal office of the Limited Liability Company is: 4000 North Federal Highway, Suite 206 Boca Raton, Florida 33431 Attn: Nicholas Economos ARTICLE I U.—Registered Agent,Registered Office, & Registered Agent's Signature: The name and the Florida street address of the registered agent are: Corpco, Inc. 2699 S. Bayshore Drive,7 1h Floor Miami, FL 33133 Attn: Howard L. Friedberg, Esq. Having been named as registered agent to accept service of process for the above stated limited liability company at the place designated in this certificate, I hereby accept the appointment as registered agent and agree to act in this capacity. I further agree to comply with the provisions of all statutes relating to the proper and complete performance of my duties, and I arn familiar with and accept the obligations of my position as registered agent as provided for in apter 608,F.S. I e REGISTERED WAGENT: Corpco, Inc., a F] a oration By: Howard L edberg, Vice President Audit Number: H08000040644 3 Audit Number: H08000040644 3 ARTICLE IV.—Management: The Limited Liability Company is to be managed by one or more managers and is, therefore, a manager-i-nanaged company. The name and address of such manager who is to serve as the initial manager is: Griffin Road Partners, LLC, a Fl *d I* " ed liability company 101-1'cla I lm 4000 North Federal g wayj� ite 206 Boca Rat F�l(i ihd a I n on' 7 Attn: Nicholas coi 9 �os 401", Howard L. Friedberg, as Authorized,,�epresentative of a Member In accordance with section 608 .408(3) Florida Statutes, the execution of this docu ent constitutes an affirmation under the penal es of perjury that the facts are true. H\LUDOCS\07274(X)1\CRPME0139.DOC Audit Number: H08000040644 3 -2- This instrument prepared by (and after recording, return to): Howard L. Friedberg, Esq. Katz, Barron, Squitero, Faust, Friedberg et al 2699 South Bayshore Drive, 7th Floor Miami, FL 33133 Tax Folio No. 10228-17-00100 (Reserved for Clerk of Court) DECLARATION OF COVENANTS, RESTRICTIONS AND EASEMENTS THIS DECLARATION ("Declaration") is made as of the day of 2008, by Griffin Road Partners, LLC, a Florida limited liability company ("Declarant"), who declares hereby that the Property as defined below is and shall be held, transferred, sold, conveyed and occupied subject to the covenants, restrictions, easements, charges and hens herein set forth. WITNESSETH: WHEREAS, Declarant is the owner of that certain real property located in Broward County, Florida, legally described on Exhibit A attached hereto and made a part hereof(the "Property"), and the Property consists of those three parcels more particularly described on Exhibit B-1 (the "Hotel One Parcel"), Exhibit B-2 (the "Hotel Two Parcel") [collectively, the "Hotel Parcels"] and Exhibit B-3 (the "Office Parcel"), all attached hereto and made a part hereof(each individually, a"Parcel" and collectively, the "Parcels" or the "Property"). WHEREAS, the Parcels are intended to be developed and operated in conjunction with each other as integral parts of a mixed use hotel and office complex, but not a planned or common interest development/community, and in order to effectuate the common use and operation of the Parcels, Declarant desires to subject the Property to certain covenants and agreements, and to grant certain easements, respecting the Parcels. NOW, THEREFORE, in consideration of the premises, the covenants and agreements herein set forth, Declarant hereby subject the Property to this Declaration, as follows: ARTICLE 1 DEFINITIONS AND INTERPRETATION 1.1 Definitions. The following words when used in this Declaration (unless the context shall prohibit) shall have the following meanings: (a) "Assessments" shall mean and refer to the various forms of payment to the Assocfation which are required to be made by Owners, as more particularly described in Article 4 of this Declaration. (b) "Association" shall mean and refer to Griffin Road Master Association, Inc., a Florida corporation not for profit. (c) "Building" shall mean and refer to any permanently enclosed structure initially as shown on the Site Plan (defined below), and/or as placed, constructed or located on a Parcel, which for purposes of this Declaration, shall include any building appurtenances such as stairs leading to or from a door, transformers, trash containers or compactors, canopies, supports, loading docks, truck ramps, and other outward tensions of such structure. :2 (d) "Common Area" shall mean and refer to all areas within the exterior t oundaries of the Property, exclusive of any Building. APR 1 7 7000 Is and settingsNmenrwLocal SettingsWernporary Internet I'llesNOLKDAMH7857DOC (e) "County" shall mean and refer to Broward County, Florida. M "Declarant" shall mean and refer to Griffin Road Partners, LLC, a Florida limited liability company, its successors and such of its assigns as to which the rights of Declarant hereunder are specifically assigned. Declarant may assign all or a portion of its rights hereunder, or all or a portion of such rights in connection with appropriate portions of the Parcels, to any subsequent Owner(s) of the Property as Declarant may choose. The rights of Declarant under this Declaration shall not be deemed waived, transferred or assigned to the Owners or the Association, unless expressly so provided. (g) "Mortgage" shall mean and refer to any mortgage upon any Parcel. "Mortgagee" shall mean and refer to the holder of any Mortgage. (h) "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of the fee simple title to any Parcel. For the purposes of this Declaration, an "Owner" may also mean (a) a condominium or cooperative association administering a condominium or cooperative, and(b) the holder of a long-term leasehold interest (i.e., one having an initial term in excess of twenty (20) years) in an entire Parcel, even though fee simple title thereto is vested in another party (which party shall not be deemed an Owner hereunder during the term of the leasehold interest). (i) "Pole Sign" shall mean the pole sign to be located as set forth on the Site Plan. 0) "Site Plan" shall mean that certain Site Plan attached hereto as Exhibit C and made a part hereof, which was approved by the City of Dania Beach, Florida ("City") on October 23, 2007 pursuant to Resolution No. 2007-208. (k) "Utility Lines" shall mean those facilities and systems for the transmission of utility services, including the drainage and storage of surface water and including the sanitary sewer system and other facilities, which serve the Property. "Common Utility Lines" shall mean those Utility Lines which are installed to more than one Parcel. "Separate Utility Lines" shall mean those Utility Lines which are installed to provide the applicable service to only one Parcel. For the purpose of this Declaration, the portion of a Utility Line extending between a Common Utility Line and a Building shall be considered a Separate Utility Line. ARTICLE 2 PROPERTY SUBJECT TO THIS DECLARATION 2.1 PropgIfty. The Property is hereby subject to this Declaration. 2.2 Withdrawal. Until conveyance of a Parcel to a third party, Declarant reserves the right-to withdraw the Property from this Declaration or to amend this Declaration unilaterally at any time, without prior notice and without need for the consent of any person or entity. ARTICLE 3 MEMBERSHIP AND VOTING RIGHTS IN THE ASSOCIATION 3.1 MembershipNoting Rights Every Owner shall be a member of the Association, and shall be entitled to one vote. Unless otherwise expressly provided in this Declaration or the Articles of Incorporation or By-laws of the Association, the affirmative vote of a two-thirds (2/3)of the Owners shall be required to pass any vote of the Association. 3.2 If More than three Parcels. If during the term of the Declaration, the Property shall consist of more than three (3) Parcels, then with respect to each matter referenced in this Declaration which refers to a vote of the Owners, each Owner shall be awarded one vote for each square foot of building area in its Parcel. in such event, the affirmative vote of two-thirds of the Owner, based on such square footage, shall be required to pass any vote of the Association. CADocummts md SettingAtnems\Local SettingsWemporary Intemet 21es\0LKDA\1H7857.D0C ARTICLE 4 MAINTENANCE OF COMMON AREA AND COMMON UTILITY LINES; ASSESSMENTS 4.1 Maintenance by Association. Unless and until otherwise agreed by two-thirds (2/3) of the Owners of the Property, die Association shall maintain or cause to be maintained in good repair and manage, operate and insure, and shall replace as often as necessary, the Common Area and Common Utility Lines, once initially developed. The Association may engage a professional management company (which may be affiliated with any Owner) to perform its obligations under this Declaration. No Owner may waive or otherwise escape liability for assessments by non-use (whether voluntary or involuntary) or abandonment of the right to use the Common Area or Common Utility Lines. The Association is hereby granted the express right and easement to access all Common Areas to exercise its rights and perform its duties as contemplated herein, including without limitation, for the purpose of the installation, construction, reconstruction, repair, replacement, operation, expansion and/or alteration of any improvements or facilities on or in the Common Area. 4.2 Creation of the Lien and Personal Obliization for Assessments. Declarant, for all Parcels, hereby covenants and agrees, and each Owner by acceptance of a deed or long term lease or other conveyance thereof, whether or not it shall be so expressed in such instrument, shall be deemed to covenant and agree, to pay to the Association assessments and charges, which may be imposed annually, quarterly or monthly, for the performance of Association's responsibilities under Section 4.1 hereof; all such assessments to be fixed, established and collected from time to time as determined by the Association. In addition, special assessments may be levied against particular Owners for fines, expenses incurred against particular Parcels and/or Owners to the exclusion of others and other charges against specific Parcels or Owners as contemplated in this Declaration. The annual, special and other assessments, together with such interest thereon and costs of collection thereof as hereinafter provided, shall be a charge on the land and shall be a continuing lien upon the Parcel against which each such assessment is made. Each such assessment,together with such interest thereon and costs of collection thereof as hereinafter provided, shall also be the personal obligation of the person who is the Owner of such property at the time when the assessment fell due and all subsequent Owners until paid, except as provided in Section 4.8 below. Reference herein to assessments shall be understood to include reference to any and all of said charges whether or not specifically mentioned. 4.3 Percentaye of Assessments. Unless otherwise expressly provided in this Declaration or agreed by the Association, assessments pursuant to this Declaration shall be made against each Parcel as follows, commencing with respect to each Parcel as of the date on which construction of improvements is commenced: Hotel One Parcel One-third(1/3) Hotel Two Parcel One-third (1/3) Office Parcel One-third (1/3) 4.4 Special Assessments. In addition to the assessments under Section 4.2 hereof, the Association shall have the right to levy special assessments against an Owner(s) to the exclusion of other Owners for the repair or replacement of damage to any portion of the Common Area (including, without limitation, improvements and landscaping thereon) caused by the misuse, negligence or other action or inaction of an Owner or its guests, tenants or invitees. Any such special assessment shall be subject to all of the applicable provisions of this Article including,without limitation, lien filing and foreclosure procedures and late charges and interest. Any special assessment levied hereunder shall be due within the time specified by the Association. 4.5 Real Estate Taxes. Each Owner shall pay, or cause to be paid prior to delinquency, all taxes and assessments with respect to its Parcel, including any Building and other improvements located thereon, and any personal property owned or leased by such Owner in the Property; provided that if such taxes or assessments or any part thereof may be paid in installments, each Owner may pay each such installment as and when the same becomes due and payable. Nothing contained herein shall prevent any Owner from contesting at its cost and COmuments md Setfings\menros\L�l SettingATempormy Intemet ZJJes\0LKDA\1H7857.D0C expense any taxes and assessments with respect to its Parcel in any manner such Owner elects, so long as such contest is maintained with reasonable diligence and in good faith. At the time such contest is concluded (allowing for appeal to the highest appellate court), the contesting Owner shall promptly pay all taxes and assessments determined to be owing, together with all interest, penalties and costs thereon. Because each Parcel contains Common Area, in the event any Owner fails to pay its real estate taxes or assessments prior to delinquency, the Association shall have the right to pay any and all such sums, including fines, penalties and attorneys' fees, on behalf of such Owner. Any such payments shall be subject to all of the applicable provisions of this Article including, without limitation, lien filing and foreclosure procedures and late charges and interest as otherwise provided in this Article. 4.6 Date of Commencement Due Dates. The regular assessments provided for in this Article shall commence on the first day of the month next following the recordation of these covenants and shall be applicable through the period of such assessment as determined by the Association in accordance with the terms hereof The assessments shall be payable in advance in monthly installments, or in annual, semi- or quarter-annual installments as determined by the Association. The assessment amount (and applicable installments) may be changed at any time by the Association from that originally stipulated or from any other assessment that is in the future adopted. The due date of any special assessment shall be fixed in the Association resolution authorizing such assessment. 4.7 Effect of Non-PaMent of Assessment, the Personal Obligation, the Lien-, Remedies of the Association. If the assessments (or installments) provided for herein are not paid on the date(s) when due (being the date(s) specified herein or pursuant hereto), then such assessments (or installments) shall become delinquent and shall, together with late charges, interest and the cost of collection thereof as hereinafter provided, thereupon become a continuing lien on the Parcel which shall bind such property in the hands of the then Owner, his heirs,personal representatives, successors and assigns. Except as provided in Section 4.8 to the contrary,the personal obligation of an Owner to pay such assessment shall pass to its successors in title and recourse may be had against either or both. If any installment of an assessment is not paid within fifteen (15) days after the due date, at the option of the Association, a late charge not greater than the amount of such unpaid installment may be imposed (provided that only one late charge may be imposed on any one unpaid installment and if such installment is not paid thereafter, it and the late charge shall accrue interest as provided herein but shall not be subject to additional late charges; provided fijrther, however, that each other installment thereafter coming due shall be subject to one late charge each as aforesaid) and all such sums shall bear interest from the dates when due until paid at the highest lawful rate (or, if there is no highest lawful rate, 18%per annum) and the Association may bring an action at law against the Owner(s) personally obligated to pay the same, may record a claim of lien (as evidence of its lien rights as hereinabove provided for) against the Parcel on which the assessments and late charges are unpaid, may foreclose the lien against the Parcel on which the assessments and late charges are unpaid, or may pursue one or more of such remedies at the same time or successively, and attorneys' fees and costs actually incurred in preparing and filing the claim of lien and the complaint, if any, and prosecuting same, in such action shall be added to the amount of such assessments, late charges and interest secured by the lien, and in the event a judgment is obtained, such judgment shall include all such sums as above provided and attorneys' fees actually incurred together with the costs of the action, through all applicable appellate levels. In addition to the rights of collection of assessments stated in this Section,any and all persons acquiring title to or an interest in a Parcel as to which the assessment is delinquent, including without limitation persons acquiring title by operation of law and by judicial sales, shall not be entitled to the occupancy of such Parcel or the enjoyment of the Common Area until such time as all unpaid and delinquent assessments due and owing from the selling Owner have been fully paid; provided, however, that the provisions of this sentence shall not be applicable to the Mortgagees contemplated by Section 4.8 below. All assessments, late charges, interest,penalties, fines, attorneys' fees and other sums provided for herein shall accrue to the benefit of the Association. Failure of a collecting entity to send or deliver bills or notices of assessments shall not, however, relieve Owners from their obligations hereunder. All remedies are intended to be, and shall be, cumulative. 4.8 Subordination of the Lien. The lien of the assessments provided for in this Article shall be subordinate to real property tax liens and the lien of any Mortgage; provided, however, that any such Mortgagee when in possession or any receiver, and in the event of a foreclosure, any purchaser at a foreclosure sale, and any such Mortgagee acquiring a deed in COocuments�d SatingsVnenrosTocal SeffingsUemporary hitemet 14[es\0LKDA\1H7857.D0C lieu of foreclosure, and all persons claiming by, through or under such purchaser or Mortgagee, shall hold title subject to the liability and lien of any assessment coming due after such foreclosure (or conveyance in lieu of foreclosure). Any unpaid assessment which cannot be collected as a lien against any Parcel by reason of the provisions of this Section shall be deemed to be an assessment divided equally among, payable by and a lien against all Parcels subject to assessment by the Association, including the Parcels as to which the foreclosure (or conveyance in lieu of foreclosure) took place. 4.9 Collection of Assessments. Assessments levied pursuant hereto shall be collected in the manner established pursuant to this Declaration. In the event that at any time said manner provides for collection of assessments levied pursuant hereto by an entity other than the Association, all references herein to collection(but not necessarily enforcement) by the Association shall be deemed to refer to the other entity performing such collection duties and the obligations of Owners to pay assessments shall be satisfied by making such payments to the applicable collecting entity. 4.10 Association Funds. All assessments collected by the Association shall be held by the Association and may be invested in interest bearing accounts or in certificates of deposit or other like instruments or accounts available at banks or savings and loan institutions, the deposits of which are insured by an agency of the United States. 4.11 Ownership/Dedication. Declarant shall have the right to dedicate the Common Utility Lines to the joint and several use, in common, of all Owners of the Parcels and their tenants, employees, contractors and invitees, all as may be provided or regulated herein or otherwise by the Association. To the extent that the Declarant elects to do so, the Common Utility Lines may, at any time and from time to time, be conveyed by quit claim deed to the Association, which shall be deemed to have automatically accepted such conveyance. In the event the surface water management system is servicing the Property upon any termination of this Declaration, the surface water management system and the right of access thereto, unless otherwise agreed by a two-thirds (2/3) of the Owners, shall be conveyed to the appropriate local governmental agency or to the Association. ARTICLE 5 MAINTENANCE OF BUILDINGS/LIMITATIONS ON ALTERATIONS 5.1 Building Exteriors. Each Owner shall maintain all exterior surfaces and roofs, facias and soffits of any Building and other improvements located on its Parcel in a neat, orderly and attractive manner in compliance with all laws, except for such Common Area improvements which are maintained by the Association. 5.2 Limitations on Alterations. After the initial development of the Property pursuant to the Site Plan, no Owner or any other party shall erect a structure or make any alteration to the exterior of any structure, without the prior written approval of the Association, which shall not be unreasonably withheld,delayed or conditioned. Any approval granted by the Association may be conditioned in any reasonable manner, including, without limitation, by (a) restricting the hours during which work may be performed, restricting access of contractors to certain areas and otherwise imposing such requirements as are reasonably related to minimizing interference with the use, occupation and operation of all other Parcels, (b) requiring that all persons performing any alterations have all necessary licenses and permits to perform the work, (c) requiring that all persons performing any alterations have adequate insurance coverage and that the Association is a named additional insured on such policy(ies), and (d) requiring a security deposit or other collateral to protect against any failure of the Owner making the alterations to timely pay for same and to protect against any damage that may be caused during such alteration. Without limiting the generality of the foregoing, no alterations may be made which: (i) may affect the provision of utilities and utility services to any other Parcel; and/or (iii) may impair means of ingress to and from any other Parcel. The Board of Directors of the Association shall have the right and power to grant variances from the provisions of this Section 5.2 for good cause shown, as determined in the reasonable discretion of the Board. CADocuments wd Settings\rnenros\Local ScaingATemporary Intemet FJ1cs\0LKDA\1H7857.D0C 5.3 Provisions Relating to Plan Approval. All initial development of the Property in accordance with the Site Plan is hereby approved. With respect to any subsequent development of the Property, prior to commencing construction as contemplated in Section 5.2, Owner shall submit to the Association for the Association's prior approval, all plans and specifications for all exterior improvements, including but not limited to, signs, parking areas, roadways, driveways and landscaping, to be constructed and/or installed on the Parcel. Such plans and specifications shall include, but shall not be limited to, a full grading plan, fidl front elevations, site plans, building sign plans and specifications, footprints of the Building, and fall engineering,utility, lighting and landscaping plans. All of such plans and specifications shall be collectively referred to herein as the "Plans". The Association shall approve or reject the Plans within thirty (30) days after the Association receives the same and Owner's request for the Association's approval thereof. If the Plans are rejected, Owner shall submit revised Plans to the Association within fifteen (15) days thereafter. Any approval or consent of the Association or its architect shall in no way obligate the Association in any manner whatsoever in respect to finished product, design and/or construction by Owner. Any deficiency in design or construction or any violation of any law or code, although in the same had prior approval of the Association, shall be solely the responsibility of the Owner. ARTICLE 6 EASEMENTS 6.1 Easements in Favor of the Owner of the Hotel One Parcel. Declarant does hereby establish for the benefit of, and grants and conveys to, the Owner from time to time of the Hotel One Parcel for its benefit and the benefit of its tenants, their employees, agents, contractors and invitees, a permanent non-exclusive easement appurtenant to the Hotel One Parcel, for passage and use for the purpose of walking upon, driving and parking vehicles upon, over and across all those parking areas, entrances, drives and sidewalks on those portions of the Hotel Two Parcel and the Office Parcel which are now or hereafter from time to time used for parking and pedestrian and/or vehicular traffic. Further, Declarant hereby agrees not to eliminate, modify or otherwise materially impair the existing entrances and drives to the Hotel One Parcel, without the consent of the Owner of the Hotel One Parcel, which consent shall not be unreasonably withheld, delayed or conditioned. 6.2 Easements in Favor of the Owner of Hotel Two Parcel. Declarant does hereby establish for the benefit of, and grants and conveys to, the Owner from time to time of the Hotel Two Parcel for its benefit and the benefit of its tenants, their employees, agents, contractors and invitees a permanent non-exclusive easement appurtenant to the Hotel Two Parcel, for passage and use for the purpose of walking upon, driving and parking vehicles upon, over and across all those parking areas, entrances, drives and sidewalks on those portions of the Hotel One Parcel and the Office Parcel which are now or hereafter from time to time used for parking and pedestrian and/or vehicular traffic. Further, Declarant hereby agrees not to eliminate, modify or otherwise materially impair the existing entrances and drives to the Hotel Two Parcel, without the consent of the Owner of the Hotel Two Parcel, which consent shall not be unreasonably withheld, delayed or conditioned. 6.3 Easements in Favor of the Owner of Office Parcel. Declarant does hereby establish for the benefit of, and grants and conveys to, the Owner from time to time of the Office Parcel for its benefit and the benefit of its tenants, their employees, agents, contractors and invitees a permanent non-exclusive easement appurtenant to the Office Parcel, for passage and use for the purpose of walking upon, driving and parking vehicles upon, over and across all those parking areas, entrances, drives and sidewalks on those portions of the Hotel One Parcel and the Hotel Two Parcel which are now or hereafter from time to time used for parking and pedestrian and/or vehicular traffic. Further, Declarant hereby agrees not to eliminate, modify or otherwise materially impair the existing entrances and drives to the Office Parcel, without the consent of the Owner of the Office Parcel, which consent shall not be unreasonably withheld, delayed or conditioned. CADocuments wd scuinomenroALocal SettingATemporary Intemet FJ1cs\0LKDA\1H7857.D0C 6.4 Easements for Drainave, Stormwater Manaizement and Utilities. Declarant does hereby establish for the benefit of, and grants and conveys to, each Owner for its benefit and the benefit of its tenants, their employees, agents, and contractors, non-exclusive, perpetual easements in, to, over, under, along and across those portions of the grantor's Parcel (exclusive of any portion located within Building areas) necessary for the installation, operation, flow, passage, use, maintenance, connection, repair, relocation, and removal of Utility Lines serving the grantee's Parcel. Such casement area shall be no wider than necessary to reasonably satisfy the requirements of a private or public utility company. Prior to utilizing the easement granted herein, the grantee shall provide the grantor with a written statement describing the need for such easement, shall identify the proposed location of the Utility Line, the nature of the service to be provided, the anticipated commencement and completion dates for the work. Prior to commencing any work on a grantor's Parcel, including any emergency work, the grantee shall provide to the grantor evidence of insurance coverage as required herein. Any Owner electing to install a Separate Utility Line shall obtain all permits and approvals and shall pay all costs and expenses with respect to the initial construction and all subsequent maintenance, relocation or abandonment of the Separate Utility Line. The Separate Utility Line shall be maintained in a safe, clean and good state of repair and condition. The grantee shall perform such work in compliance with all governmental requirements, as quickly as practicable, and in such manner as is necessary to minimize interference with the operations of any other Owner or its tenants at the Property. The grantee of any Separate Utility Line agrees to defend, protect, indemnify and hold harmless the grantor from and against all claims or demands, including any action or proceeding brought thereon, and all costs, losses, expenses and liabilities of any kind relating thereto, including reasonable attorneys' fees and cost of suit, arising out of or resulting from the exercise of the right to install, maintain and operate the Separate Utility Line; provided, however, the foregoing obligation shall not apply to claims or demands based on the negligence or the willful act or omission of the grantor. Except as may otherwise be agreed, the Owners (the "Cooperating Parties") electing to install a Common Utility Line shall obtain all permits and approvals and shall pay all costs and expenses with respect to the initial construction thereof on an equal basis or otherwise as may be fair and equitable based upon reasonably anticipated use, as agreed prior to installation of such Common Utility Line. Once constructed, each Owner shall maintain, replace and/or relocate the Common Utility Line on its Parcel in a safe, clean and good state of repair and condition, and in compliance with all governmental requirements, as quickly as practicable. After a Cooperating Party has incurred any costs for maintaining, repairing or replacing a Common Utility Line, it may send a statement for reimbursement of such costs, allocated as set forth above in this paragraph,together with a copy of any invoice reflecting a charge exceeding $500.00 to each Cooperating Party benefiting from such Common Utility Line. Within thirty (30) days of receipt of such invoice, each Cooperating Party shall pay its allocable share of such costs as provided in this paragraph. Declarant does hereby establish for the benefit of, and grants and conveys to, each Owner owning an adjacent Parcel for its benefit and the benefit of its tenants, their employees, agents� and contractors, the perpetual right and casement to discharge surface storm water drainage and/or runoff from the grantee's Parcel over, upon and across the Common Area of the grantor's Parcel, upon the following conditions and terms: (A) the grades and the surface water drainage/retention system for the Property shall be initially constructed in conformance with governmental requirements; and (B) no Owner shall alter or permit to be altered the surface of the Common Area or the drainage/retention system constructed on its Parcel if such alteration would materially increase the flow of surface water onto an adjacent Parcel either within the aggregate or by directing the flow of surface water to a limited area. All surface water collection, retention and distribution facilities shall be deemed a Common Utility Line. CADocuments wd Settings\inmrosTmal SettingMemporary Intemet qIIcs\0LKDA\IH7857.D0C The grantor shall have the right to relocate a Utility Line on its Parcel upon thirty (30) days' prior written notice to the grantee(s), provided that such relocation: (A) shall not interfere with or diminish the utility service to the grantee during the grantee's business hours; and if an electrical line/computer line is being relocated, then the grantor and grantee shall coordinate such interruption to eliminate any detrimental effects; (B) shall not reduce or unreasonably impair the usefulness or function of such Utility Line; (C) shall be performed without cost or expense to the grantee; (D) shall be completed using materials and design standards which equal or exceed those originally used; and (E) shall have been approved by the provider of such utility service and the appropriate governmental authorities. Documentation of the relocated easement area, including the furnishing of an "as-built" survey to all grantees, shall be at the grantor's expense and shall be accomplished as soon as possible following completion of such relocation. 6.5 Easement for Pole Sim. Declarant hereby grants and conveys to the Owners of the Hotel Parcels and their successors and assigns as the Owner of their respective Parcels, a perpetual easement for the right and privilege to place or affix identification panel(s) on both sides of the Pole Sign in the position(s) determined by the Association. Such easement grant shall include reasonable access over, under, across and upon the Office Parcel to perimit the installation, replacement, maintenance and operation of such sign panels and a Separate Utility Line, ifnecessary, to provide power to such panels. The foregoing easements, together with all rights and privileges specified, shall be for the benefit of the Hotel Parcels, and shall be binding on, enforceable against and burden the Office Parcel. The Owner of the Parcel upon which a sign structure is located shall be entitled to receive the portion of any condemnation award relating to the sign structure, including any relocation benefits, and shall cause a new sign structure to be constructed in a replacement location as may be reasonably required by the Association. If the award received for the sign structure is less than the cost to replace the sign structure, the Parties entitled to place panels on the sign structure shall pay the deficiency based on the panel area allocated to each. The award (whether paid separately or as part of a lump sum) attributable to each panel taken shall belong to the Owner thereof. 6.6 No Barricades: Declarant does hereby establish that no Owner of any Parcel shall construct or permit the construction of any fence,wall or other form of barricade along the common boundary of its Parcel and any other Parcel, which will impede or impair pedestrian or vehicular access to and from its Parcel. 6.7 Right of Entry in Favor of Association: The Association shall have the power but not the duty to, through its duly authorized agents or employees after notice to any Owner, enter upon any portion of the Property at reasonable times on any day without being liable to any Owner or other party for the purpose of enforcing by peaceful means the provisions of this Declaration, or for the purpose of maintaining any such portions of the Property, or exercising its rights and duties hereunder. The Association is hereby granted an irrevocable license over all Property to inspect (in a reasonable manner) the Property, through its duly authorized agents or employees. Nothing contained in this Section shall be construed or interpreted to impose upon the Association the obligation to inspect or maintain any of the Property. Neither the Association, nor any of its directors, officers, agents or employees shall be liable for any incidental or consequential damages for failure to inspect any portion of the Property or to maintain the same. Neither the Association nor any other authorized person, firm or corporation undertaking such maintenance shall be liable for any personal injury or other incidental or consequential damages occasioned by any act or omission in the maintenance of any portion of the Property. In addition, the Association may, without notice, make such emergency repairs and perform such emergency maintenance as it reasonably may determine is necessary for the safety of any person or to prevent damage to any property. ARTICLE 7 USE RESTRICTIONS 7.1 Uses Must Comply with Zonin . All Parcels and Buildings (including Common Area) shall be used for the general purposes for which they are designed and intended and at all times used, operated and maintained in accordance with applicable building, zoning, setback and other requirements, conditions and restrictions applicable to same. Each Owner shall be solely responsible for the compliance of its Parcel with this Section 7.1. It is understood and CADocments and settingsvnenros\Local SeffingsWernporary Internet 81cs\0LKDA\1H7857.D0C agreed that (a) the Property, as a whole, shall collectively comply with the City's landscaping and pervious area requirements, (b) the initial development of the Property in accordance with the Site Plan shall comply with all such requirements, and (c) thereafter, no Parcel may be modified in any way which shall cause the Property, as a whole, no longer to comply with all such requirements. 7.2 Nuisances. Nothing shall be done or maintained on any Parcel which may be or become an annoyance or nuisance to the occupants of other Parcels. 7.3 Parking and Vehicular Restrictions. Parking shall be restricted to the parking areas therein designated for such purpose. No person shall park, store or keep on any portion of the Common Area any large commercial type vehicle (for example, dump truck, motor home, trailer, cement mixer truck, oil or gas truck, delivery truck). 7.4 Trash. No rubbish, trash, garbage or other waste material shall be kept or permitted on Common Area, except if in containers located in appropriate areas. ARTICLE 8 INSURANCE AND INDEMNITY 8.1 Insurance of Common Area. The Association may keep the Common Utility Lines and all improvements, facilities and fixtures located within the Common Area insured against loss or damage by fire or other casualty for the full insurable replacement value thereof (with reasonable deductibles and normal exclusions for land, foundations, excavation costs and similar matters), and shall obtain insurance against such other hazards and casualties as the Association reasonably may deem desirable or as otherwise required by any Mortgagee. The Association may also insure any other property, whether real or personal, owned or controlled by the Association, against loss or damage by fire and such other hazards as the Association may deem desirable or as otherwise required by any Mortgagee, with the Association as the owner and beneficiary of such insurance for and on behalf of itself and all Owners. The insurance coverage with respect to the Common Area shall be written in the name of the Association, and as agent for the Owners and Mortgagees, and the proceeds thereof shall be payable to, the Association, but if reasonably available, may name the Owners and Mortgagees as additional insureds, as their interests may appear. Insurance proceeds shall be used by the Association for the repair or replacement of the property for which the insurance was carried. Premiums for all insurance carried by the Association are common expenses included in the assessments made by the Association. All insurance policies shall contain standard mortgagee clauses. If required by any mortgagee, the Association shall also maintain flood insurance on the insurable improvements on the Common Area in an amount equal to the lesser of 100% of the replacement costs of all insurable improvements (if any) within the Common Area. 8.2 Liabili1y and Other Insurance. The Association shall have the power to and shall obtain comprehensive public liability insurance, including medical payments and malicious mischief, with coverage of at least $1,000,000.00 (if available at reasonable rates and upon reasonable terms, as determined by the Association) for any single occurrence, insuring against liability for bodily injury, death and property damage arising from the activities of the Association or with respect to property under its jurisdiction, including, if obtainable, a cross liability endorsement insuring each Owner against liability to each other Owner and to the Association and vice versa and coverage for legal liability resulting from lawsuits related to employment contracts shall also be maintained. The Association may also obtain Worker's Compensation insurance and other liability insurance as it may deem desirable, insuring each Owner and the Association and its officers and directors, from liability in connection with the Common Area, the premiums for which shall be Common Expenses and included in the assessments made against the Owners. The Association may also obtain such other insurance as it deems appropriate or as otherwise required by any Mortgagee. All insurance policies shall be reviewed at least annually by the Association and the limits increased in its discretion or as otherwise required by any Mortgagee. The Association may also obtain such errors and omissions insurance, indemnity bonds, fidelity bonds and other insurance as it deems advisable, insuring the Association or any management company engaged by the Association against any liability for any act or ornission in carrying out their obligations hereunder, or resulting from their membership on its board of directors or any committee thereof. At a minimum, however, there shall be blanket fidelity bonding of anyone (compensated or not) who handles or is CADocuments wd Settings\tnenros\Local Seffingffemporary Intmet 10[�NOLKDA\1117857DOC responsible for Raids held or administered by the Association, with the Association to be an obligee thereunder. Such bonding shall cover the maximum funds to be in the hands of the Association or management company during the time the bond is in force. 8.3 Waiver of Subrogation. As to each policy of insurance maintained by the Association which will not be voided or impaired thereby, the Association hereby waives and releases all claims against its board of directors, the Owners, Declarant and the agents and employees of each of the foregoing, with respect to any loss covered by such insurance, whether or not caused by negligence of or breach of any agreement by said persons, but only to the extent that insurance proceeds are received in compensation for such loss. 8.4 Lien for Assessments. Any costs expended by the Association under this Article shall be subject to all of the assessment, collection and other applicable provisions of Article 4 including, without limitation, lien filing and foreclosure procedures and late charges and interest.. 8.5 Indemni1y. Each Owner agrees to defend, protect, indemnify and hold harmless each other Owner and the Association from and against all claims or demands, including any action or proceedings brought thereon, and all costs, losses, expenses and liability of any kind relating thereto, including reasonable attorneys' fees and cost of suit, arising out of or resulting from the injury to or death of any person, or damage to the property of any person located on the Parcel owned by each indemnifying Owner; provided, however, the foregoing obligation shall not apply to claims or demands based on the negligence or willful act or omission of such other Owner, its licensees, concessionaires, agents, servants, or employees, or the agents, servants, or employees of any licensee or concessionaire thereof. In the event it is determined that such other Owner was not at fault, then the indemnifying Owner shall reimburse such other Owner for all reasonable costs and/or expenses incurred by it defending against such claim or demand. ARTICLE 9 DAMAGE OR DESTRUCTION TO COMMON AREA 9.1 Damaize or Destruction. Damage to or destruction of all or any portion of the Common Area shall be addressed in the following manner: (a) In the event of damage to or destruction of the Common Area, if the insurance proceeds are sufficient to effect total restoration, then the Association, subject to the provisions of any Mortgage now or hereafter encumbering the Common Area shall cause such portions of the Common Area to be repaired and reconstructed substantially as it previously existed. (b) If the insurance proceeds are within One Hundred Thousand Dollars ($100,000.00) of being sufficient to effect total restoration of the Common Area, then the Association, subject to the provisions of any Mortgage now or hereafter encumbering the Common Area shall cause such portions of the Common Area to be repaired and reconstructed substantially as it previously existed and the difference between the insurance proceeds and the actual cost shall be levied as a special assessment against each of the Owners in equal shares in accordance with the provisions of Article 4 of this Declaration. (c) If the insurance proceeds are insufficient by more than Two Hundred Fifty Thousand Dollars ($250,000.00) to effect total restoration of the Common Area, then by written consent or vote of a two-thirds (2/3) of the Owners, they shall determine, subject to Article 10 hereof and any contrary requirements of any Mortgage, whether (1) to rebuild and restore the Common Area in substantially the same manner as they existed prior to damage and to raise the necessary funds over the insurance proceeds by levying special assessments against all Owners, (2) to rebuild and restore in a way which is less expensive than replacing the Common Area in substantially the same manner as they existed prior to being damaged, or (3) to not rebuild and to retain the available insurance proceeds. (d) Each Owner shall be liable to the Association for any damage to the Common Area not fully covered by collected insurance which may be sustained by reason of the negligence or willful misconduct of any Owner or his guests, tenants or invitees. Notwithstanding the foregoing, the Association reserves the right to charge such Owner an CADmurnents and settingArnenroALmal Settings\Ternporary hAernetf0cs\0LKDA\ffl7857.D0C assessment equal to the increase, if any, in the insurance premium directly attributable to the damage caused by such Owner. The cost of correcting such damage shall be an assessment against the Owner and may be collected as provided in Article 4 for the collection of assessments. ARTICLE 10 MORTGAGEE PROTECTION 10.1 Mortizapee Protection. (e) Upon written request to the Association, the Association shall be required to make available to all Owners and their Mortgagees, for inspection during normal business hours or under other reasonable circumstances, current copies of this Declaration (with all amendments) and the Articles and By-Laws and the books and records of the Association. (f) Any Mortgagee shall have the right, upon written request to the Association, to: (i) receive notice of Association meetings and attend such meetings; (ii) receive written notice from the Association of any condemnation or casualty loss affecting a material portion of the Common Area; (iii) a sixty (60) day grace period in the payment of the assessments on its mortgaged Parcel; and (iv) receive written notice from the Association of the occurrence of a lapse, cancellation or material modification of any insurance policy bond maintained by the Association; (v) receive written notice of an alleged default by any Owner, for whom such Mortgagee holds a mortgage, which is not cured within thirty (30) days of notice of default to such Owner; and (vi) receive written notice of any substantial damage or loss to any portion of the Common Areas. (g) Any Mortgagee shall have the right to pay delinquent real estate taxes or delinquent assessments that have resulted or may result in a lien against any portion of the Common Area, and receive immediate reimbursement from the Association. (h) Any Mortgagee shall have the right to pay any overdue premiums on any hazard insurance policy covering the Common Area or obtain new hazard insurance coverage on the Common Area upon the lapse of a policy and, in either case, receive immediate reimbursement from the Association. (c) One copy of each insurance policy, or a certificate evidencing such policy, and all endorsements thereto, shall be furnished by the Association upon request to each Mortgagee. Copies or certificates shall be furnished not less than ten (10) days prior to the expiration of each preceding policy that is being renewed or replaced, as appropriate. ARTICLE 11 CONDEMNATION 11.1 Condemnation. In the event any portion of the Property shall be condemned, or conveyed under threat of condemnation, the award shall be paid to the Owner owning the Parcel or the improvements taken, and the other Parties hereby waive and release any right to recover any value attributable to the property interest so taken, except that (i) if the taking includes improvements belonging to more than one (1) Owner, such as Utility Lines, the portion of the award allocable thereto shall be used to relocate, replace or restore such jointly owned improvements to a useful condition, and (ii) if the taking includes easement rights which are intended to extend beyond the term of this Declaration, the portion of the award allocable to each such easement right shall be paid to the respective grantees thereof. In addition to the foregoing, if a separate claim can be filed for the taking of any other property interest existing pursuant to this Declaration which does not reduce or diminish the amount paid to the Owner owning the Parcel or the improvement taken, then the owner of such other property interest shall have the right to seek an award for the taking thereof. Except to the extent they burden the land taken, no easement or license set forth in this Declaration shall expire or terminate based solely upon such taking. ARTICLE 12 DEFAULT/REMEDIES CADocuments wd Settings\inems\Local SctfingATemporary 1ntemctfJes\0LKDA\1H7857.D0C 12.1 Default. The occurrence of any one or more of the following events shall constitute a material default and breach of this Declaration by the non-performing Owner (the "Defaulting Party"): (a) the failure to make any payment required to be made hereunder within ten (10) days after the due date, (b) the failure to observe or perform any of the covenants, conditions or obligations of this Declaration, other than as described in (a) above, within thirty (30) days after the issuance of a notice by another Owner or the Association, as the case may be (the "Non-Defaulting Party") specifying the nature of the default claimed. 12.2 Right to Cure. With respect to any default under Section 12.1, the Non- Defaulting Party shall have the right following the expiration of any applicable cure period, if any, but not the obligation, to cure such default by the payment of money or the performance of some other action for the account of and at the expense of the Defaulting Party; provided, however, that in the event such default shall constitute an emergency condition, the Non- Defaulting Party, acting in good faith, shall have the right to cure such default upon such advance notice as is reasonably possible under the circumstances or, if necessary, without advance notice, so long as notice is given as soon as possible thereafter. To effectuate any such cure, the Non-Defaulting Party shall have the right to enter upon the Parcel of the Defaulting Party (but not into any Building) to perform any necessary work or furnish any necessary materials or services to cure the default of the Defaulting Party. Each Owner shall be responsible for the default of its occupants. In the event the Association or any Non-Defaulting Party shall cure a default, the Defaulting Party shall reimburse the Non-Defaulting Party for all costs and expenses incurred in connection with such curative action, plus interest as provided herein, within ten (10) days after receipt of demand therefor, together with reasonable documentation supporting the expenditures made. The right to cure the default of another Owner shall not be deemed to: (i) impose any obligation on a Non-Defaulting Party to do so, (ii) render the Non-Defaulting Party liable to the Defaulting Party or any third party for an election not to do so, (iii) relieve the Defaulting Party from any performance obligation hereunder, or (iv) relieve the Defaulting Party from any indemnity obligation as provided in this Declaration. 12.3 Enforcement. In addition to the remedies set forth in Section 12.2 hereof, enforcement of this Declaration may be accomplished by the Association, the City or any Owner by proceeding at law or in equity against the Association or any person or persons violating or attempting to violate any covenant or restriction, either to restrain violation or to recover damages. In addition, the Association may enforce any lien created by this Declaration as otherwise herein provided. Failure to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. No waiver of any right or remedy shall be imposed against the Association or any Owner or other party unless it is in writing signed by an authorized officer thereof. Any such waiver shall apply only to the particular instance, and not to any subsequent instances. All of the remedies permitted or available to an Owner or the Association under this Declaration at law or in equity shall be cumulative. No breach of this Declaration shall entitle any party to cancel, rescind, or otherwise terminate fl-�s Declaration. 12.4 Interest. Any time an Owner or the Association shall fail to pay any sum payable hereunder within ten (10) days after the due date, such delinquent Owner or the Association shall pay interest on such amount from the due date to and including the date such payment is received by the Owner entitled thereto, at the lesser of. (a) the highest rate permitted by law, or (b) the prime rate,plus three percent (3%). As used herein, "prime rate" shall mean the rate of interest published from time to time as the "Prime Rate" in the Wall Street Journal under the heading "Money Rates"; provided, however, that (i) if more than one such rate is published therein the prime rate shall be the highest such rate and (ii) if such rate is no longer published in the Wall Street Journal or is otherwise unavailable, the prime rate shall be a substantially comparable index of short term loan interest rates charged by U.S. banks to corporate borrowers selected by the Association. 12.5 Attorneys' Fees. If an Owner or the Association brings an action of law or in equity to enforce the terms and provisions of this Declaration, the prevailing party as determined by the Court in such action shall be entitled to recover reasonable attorneys' fees and court costs for all stages of litigation, including but not limited to, appellate proceedings, in addition to any remedy granted. CADocuments wd scuingsWwros\Lo�1 Settings\Temporary 1ntemetj2es\0LKDA\1H7857.D0C ARTICLE 13 GENERAL PROVISIONS 13.1 Duration. The covenants and restrictions of this Declaration shall run with and bmid the Property, and shall inure to the benefit of and be enforceable by the Association, Declarant, and the Owner of any land subject to this Declaration, and their respective legal representatives, heirs, successors and assigns, for a term of ninety-nine (99) years from the date this Declaration is recorded, after which time said covenants shall be automatically extended for successive periods of ten (10) years each unless an instrument signed by the then Owners of 75% of all the Parcels subject hereto and of 100% of the mortgagees thereof has been recorded, agreeing to revoke said covenants and restrictions; provided, however, that no such agreement to revoke shall be effective unless made and recorded one (1) year in advance of the effective date of such revocation, and unless written notice of the proposed agreement is sent to every Owner at least ninety(90) days in advance of any signatures being obtained. 13.2 Notice. Any notice required or permitted to be sent to any Owner under the provisions of this Declaration shall be deemed to have been properly sent when (a) personally delivered or (b) three (3) days after mailing, postage paid, certified mail, return receipt requested, or (c) sent by nationally recognized overnight air courier with receipted delivery, to the address of the Owner, as shown on the tax rolls or on the records of the Association at the time of such mailing. 13.3 Excusable Delay. Whenever performance is required of any Owner or the Association hereunder, such party shall use all due diligence to perform and take all necessary measures in good faith to perform; provided, however, that if completion of performance shall be delayed at any time by reason of acts of God, war, civil commotion, riots, strikes, picketing or other labor disputes, unavailability of labor or materials, damage to work in progress by reason of fire or other casualty, or any cause beyond the reasonable control of such party, then the time for performance as herein specified shall be appropriately extended by the amount of the delay actually so caused. The provisions of this Section shall not operate to excuse any party from the prompt payment of any monies required by this Declaration. 13.4 Intemretation/Conflict. The Article and Section headings have been inserted for convenience only, and shall not be considered or referred to in resolving questions and interpretation or construction. Unless the context requires a contrary construction, the singular shall include the plural and the plural the singular, and the masculine, feminine and neuter genders shall each include the others. This Declaration shall take precedence over conflicting provisions in the Articles of Incorporation and/or By-Laws of the Association and said Articles shall take precedence over the By-Laws. None of the terms or provisions of this Declaration shall be deemed to create a partnership between or among the parties in their respective businesses or otherwise, nor shall it cause them to be considered joint venturers or members of any joint enterprise. Each Owner shall be considered a separate owner, and no Owner shall have the right to act as an agent for another Owner, unless expressly authorized to do so herein or by separate written instrument signed by the Owner to be charged. 13.5 Severability. Invalidation of any one of these covenants or restrictions or any part, clause or word hereof, or the application thereof in specific circumstances, by judgment or court order shall not affect any other provisions or applications in other circumstances, all of which shall remain in full force and effect. 13.6 Effective Date/Time. This Declaration shall become effective upon its recordation in the Public Records of Broward County, Florida. Time is of the essence. 13.7 Amendment. This Declaration may be amended, changed or added to at any time and from time to time upon the execution and recordation of an instrument executed by Declarant, for so long as it holds title to any Parcel; or alternatively, by an instrument signed by a two-thirds (2/3) of the Owners represented at a duly called meeting thereof, subject however to any contrary provisions of a Mortgage now or hereafter encumbering the Property. Notwithstanding anything herein contained to the contrary, no amendment shall be made which has a material and adverse effect on the operation or value of the a Parcel, without the prior written approval of the Owner of such Parcel, which shall not be unreasonably withheld or delayed. C:\Doc�ents wd Settings\tnenws\Lo�[SctfingsUmporary 1ntemctf3cs\0LKDA\1H7857.D0C 13.8 Limitation of Liability. None of the persons comprising an Owner (whether partners, shareholders, officers, directors, members, trustees, employees, beneficiaries or otherwise) shall ever be personally liable for any judgment obtained against an Owner. Each Owner agrees to look solely to the interest in the Property of a defaulting Owner for recovery of damages for any breach of this Declaration; provided, however, the foregoing shall not in any way impair, limit or prejudice the right of an Owner or the Association: (a) to recover from another Owner all damages and costs on account of, or in connection with, casualty insurance or condemnation proceeds which are not applied or used in accordance with the terms of this Declaration, (b) to recover from another Owner all damages and costs arising out of or in connection with, or on account of, a failure by such Owner to comply with its obligations to insure under this Declaration, (c) to recover from another Owner all damages and costs arising out of or in connection with, or on account of, the failure by such Owner to pay when due any tax or governmental assessment, or (d) to pursue equitable relief in connection with any term, covenant or condition of this Declaration, including a proceeding for temporary restraining order, preliminary injunction, permanent injunction or specific performance, and recover all costs, including interest thereon, relating to such enforcement action. 13.9 Cooperatio . Each Owner,by acceptance of a deed therefor or other conveyance thereof, whether or not it shall be so expressed in such deed or other conveyance, shall be deemed to covenant and agree, to cooperate in, and support, any and all zoning, administrative, governmental and/or quasi-governmental filings, applications, requests, submissions and other actions necessary or desired for development and/or improvement of the Parcels, including, without limitation, signing any required applications, plats, etc. as the owner of any portion of the Parcels owned or controlled thereby when necessary or requesta 13.10 Standards for Consent, A oval and Other Actions. Whenever this Declaration ppL- shall require the consent, approval, completion, substantial completion, or other action by the Association or the Owners, such consent, approval or action may not be unreasonably withheld, delayed or conditioned. 13.11 Easements. Should the intended creation of any easement provided for in this Declaration fail by reason of the fact that �t the time of creation there may be no grantee in being having the capacity to take and hold such easement, then any such grant of easement deemed not to have been so created shall nevertheless be considered as having been granted directly to the Association as agent for such intended grantees for the purpose of allowing the original party or parties to whom the easements were originally intended to have been granted the benefit of such easement and the Owners dcsignate hereby the Declarant and the Association (or either of them) as their lawful attomey-in-fact to execute any instrument on such Owners' behalf as may hereafter be required or deemed necessary for the purpose of later creating such easement as it was intended to have been created herein. Formal language of grant or reservation with respect to such easements, as appropriate, is hereby incorporated in the easement provisions hereof to the extent not so recited in some or all of such provisions. 13.12 Limitation on Association. Anything in this Declaration to the contrary notwithstanding, the existence or exercise of any easement, right, power, authority, privilege or duty of the Association as same pertains to any condominium located within the Property which would cause the Association to be subject to Chapter 718, Florida Statutes, or any related administrative rules or regulations, shall be null, void and of no effect to the extent, but only to the extent, that such existence or exercise is finally determined by a court or admindstrative hearing officer of competent jurisdiction (after all appellate rights have been exercised or -waived) to subject the Association to said Chapter 718. It is the intent of this provision that the Association not be deemed to be a condominium association, nor the Common Area be deemed to be common elements of any such condominium. 13.13 No Public Rialit or Dedication. Nothing contained in this Declaration shall be deemed to be a gift or dedication of all or any part of the Common Area to the public, or for any public use, unless otherwise expressly so provided. There shall be no third party beneficiaries arising out of this Declaration, except for the City as herein expressly provided. 13.14 Constructive Notice and Acceptance. Every person who owns, occupies or acquires any right, title, estate or interest in or to any Parcel or other property located on or within the Property, shall be conclusively deemed to have consented and agreed to every limitation, restriction, easement, reservation, condition, lien and covenant contained herein, CADocumcnts mid SetLmgs\menws\LocaI SettingATemporary Intemctf4es\0LKDA\IH7857.D0C whether or not any reference hereto is contained in the instrument by which such person acquired an interest in such Parcel or other property. 13.15 Estoppel Certificates. Each Owner and the Association agree that upon written request (which shall not be more frequent than three (3) times during any calendar year) of any other Owner or the Association, it will issue within thirty (30) days after receipt of such request to such Owner, or its prospective mortgagee or successor, an estoppel certificate stating to the best of the issuer's knowledge as of such date: (a) whether it knows of any default under this Declaration by the requesting Owner, and if there are known defaults, specifying the nature thereof in reasonable detail, (b) whether this Declaration has been assigned, modified or amended in any way by it and if so, then stating the nature thereof in reasonable detail, (c) whether this Declaration is in full force and effect. 13.16 NO REPRESENTATIONS OR WARRANTIES. NO REPRESENTATIONS OR WARRANTIES OF ANY KIND,EXPRESS OR IMPLIED,HAVE BEEN GIVEN OR MADE BY DECLARANT OR ITS AGENTS OR EMPLOYEES IN CONNECTION WITH ANY PORTION OF THE COMMON AREA, THEIR PHYSICAL CONDITION, ZONING, COMPLIANCE WITH APPLICABLE LAWS, MERCHANTABILITY, HABITABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR IN CONNECTION WITH THE SUBDIVISION, SALE, OPERATION, MAINTENANCE, COST OF MAINTENANCE, TAXES OR REGULATION THEREOF, EXCEPT (A)AS SPECIFICALLY AND EXPRESSLY SET FORTH IN THIS DECLARATION OR IN DOCUMENTS WHICH MAY BE FILED BY DECLARANT FROM TIME TO TIME WITH APPLICABLE REGULATORY AGENCIES, AND (B) AS OTHERWISE REQUIRED BY LAW. AS TO SUCH WARRANTIES WHICH CANNOT BE DISCLAIMED, AND TO OTHER CLAIMS, IF ANY, WHICH CAN BE MADE AS TO THE AFORESAID MATTERS, ALL INCIDENTAL AND CONSEQUENTIAL DAMAGES ARISING THEREFROM ARE HEREBY DISCLAIMED. ALL OWNERS, BY VIRTUE OF ACCEPTANCE OF TITLE TO THEIR RESPECTIVE PARCELS (WHETHER FROM THE DECLARANT OR ANOTHER PARTY) SHALL BE DEEMED TO HAVE AUTOMATICALLY WAIVED ALL OF THE AFORESAID DISCLAIMED WARRANTIES AND INCIDENTAL AND CONSEQUENTIAL DAMAGES. FURTHER, GIVEN THE CLIMATE AND HUMID CONDITIONS IN SOUTH FLORIDA, MOLDS, MILDEW, TOXINS AND FUNGI MAY EXIST AND/OR DEVELOP WITHIN THE UNITS AND/OR THE PARCELS. EACH OWNER IS HEREBY ADVISED THAT CERTAIN MOLDS, MILDEW, TOXINS AND/OR FUNGI MAY BE, OR IF ALLOWED TO REMAIN FOR A SUFFICIENT PERIOD MAY BECOME, TOXIC AND POTENTIALLY POSE A HEALTH RISK. BY ACQUIRING TITLE TO A PARCEL, OR PORTIONS THEREOF, EACH OWNER SHALL BE DEEMED TO HAVE ASSUMED THE RISKS ASSOCIATED WITH MOLDS, MILDEW, TOXINS AND/OR FUNGI AND TO HAVE RELEASED THE DECLARANT FROM ANY AND LIABILITY RESULTING FROM SAME. 13.17 Covenants Running With The Land. Anything to the contrary herein notwithstanding, it is the intention of all parties affected hereby (and their respective heirs, personal representatives, successors and assigns) that these covenants and restrictions shall run with the Property and with title to the Parcels. Without limiting the generality of the foregoing, if any provision or application of this Declaration would prevent this Declaration from running with the Parcels as aforesaid, such provision and/or application shall be judicially modified, if at all possible, to come as close as possible to the intent of such provision or application and then be enforced in a manner which will allow these covenants and restrictions to so run with the Parcels; but if such provision and/or application cannot be so modified, such provision and/or application shall be unenforceable and considered null and void in order that the paramount goal of the parties (that these covenants and restrictions run with the Parcels as aforesaid) be achieved. CADocuments md SettingAmenros\Local ScUingffmporary 1ntemetf6es\0LKDA\1H7857.D0C ARTICLE 14 DISCLAIMER OF LIABILITY OF ASSOCIATION NOTWITHSTANDING ANYTHING CONTAINED HEREIN OR IN THE ARTICLES OF INCORPORATION, BY-LAWS, OR ANY OTHER DOCUMENT GOVERNING OR BINDING THE ASSOCIATION (COLLECTIVELY, THE "ASSOCIATION DOCUMENTS"), THE ASSOCIATION SHALL NOT BE LIABLE OR RESPONSIBLE FOR, OR IN ANY MANNER A GUARANTOR OR INSURER OF, THE HEALTH, SAFETY OR WELFARE OF ANY OWNER, OCCUPANT OR USER OF ANY PORTION OF THE PARCELS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING: (i) IT IS THE EXPRESS INTENT OF THE ASSOCIATION DOCUMENTS THAT THE VARIOUS PROVISIONS THEREOF WHICH ARE ENFORCEABLE BY T14E ASSOCIATION AND WHICH GOVERN OR REGULATE THE USES OF THE PARCELS HAVE BEEN WRITTEN, AND ARE TO BE INTERPRETED AND ENFORCED, FOR THE SOLE PURPOSE OF ENHANCING AND MAINTAINING THE ENJOYMENT OF THE PARCELS AND THE VALUE THEREOF; 0) THE ASSOCIATION IS NOT EMPOWERED, AND HAS NOT BEEN CREATED, TO ACT AS AN ENTITY WHICH ENFORCES OR ENSURES THE COMPLIANCE WITH THE LAWS OF THE UNITED STATES, STATE OF FLORIDA, THE COUNTY, AND/OR ANY OTHER JURISDICTION OR THE PREVENTION OF TORTIOUS ACTIVITIES; AND (k) ANY PROVISIONS OF THE ASSOCIATION DOCUMENTS SETTING FORTH THE USES OF ASSESSMENTS WHICH RELATE TO HEALTH, SAFETY AND/OR WELFARE SHALL BE INTERPRETED AND APPLIED ONLY AS LIMITATIONS ON THE USES OF ASSESSMENT FUNDS AND NOT AS CREATING A DUTY OF THE ASSOCIATION TO PROTECT OR FURTHER THE HEALTH, SAFETY OR WELFARE OF ANY PERSON(S), EVEN IF ASSESSMENT FUNDS ARE CHOSEN TO BE USED FOR ANY SUCH REASON. EACH OWNER (BY VIRTUE OF HIS ACCEPTANCE OF TITLE TO HIS PARCEL) AND EACH OTHER PERSON HAVING AN INTEREST IN OR LIEN UPON, OR MAKING ANY USE OF, ANY PORTION OF THE PARCELS (BY VIRTUE OF ACCEPTING SUCH INTEREST OR LIEN OR MAKING SUCH USES) SHALL BE BOUND BY THIS ARTICLE AND SHALL BE DEEMED TO HAVE AUTOMATICALLY WAIVED ANY AND ALL RIGHTS, CLAIMS, DEMANDS AND CAUSES OF ACTION AGAINST THE ASSOCIATION ARISING FROM OR CONNECTED WITH ANY MATTER FOR WHICH THE LIABILITY OF THE ASSOCIATION HAS BEEN DISCLAIMED IN THIS ARTICLE. AS USED IN THIS ARTICLE, "ASSOCIATION" SHALL INCLUDE WITHIN ITS MEANING ALL OF THE ASSOCIATION'S DIRECTORS, OFFICERS, COMMITTEE AND BOARD MEMBERS, EMPLOYEES, AGENTS, CONTRACTORS (INCLUDING MANAGEMENT COMPANIES), SUBCONTRACTORS, SUCCESSORS AND ASSIGNS. THE PROVISIONS OF THIS ARTICLE SHALL ALSO INURE TO THE BENEFIT OF DECLARANT, WHICH SHALL BE FULLY PROTECTED HEREBY. CADmments md ScUings\mcnros\Local Settings\Teniporary fntcmctjVcs\0LKDA\fH7857.D0C EXECUTED as of the date first above written. Witnesses: GRIFFIN ROAD PARTNERS, LLC, a Florida limited liability company By: FLOVA, L.L.C., a Florida limited Print Name: liability company, Manager By: Print Name: Nicholas Economos, Sr., Manager By: J.1. VENTURES, LLC, a Florida Print Name: limited liability company,Manager By: Print Name: Ilana Morrow, Manager STATE OF ss: COUNTY OF The foregoing document was executed and acknowledged before me this — day of 2008, by Nicholas Economos, Sr., as Manager of FLOVA, L.L.C., a Florida limited liability company, the Manager of GRIFFIN ROAD PARTNERS, LLC, a Florida limited liability company, and he is [check one:] — personally known to me OR produced the following as identification: NOTARY PUBLIC, STATE OF FLORIDA [NOTARIAL SEAL] Print Name of Notary: My Commission Expires: STATE OF FLORIDA ss: COUNTY OF The foregoing document was executed and acknowledged before me this day of , 2008, by Ilana Morrow, as Manager of J.1. VENTURES, LLC, a Florida limited liability company, the Manager of GRIFFIN ROAD PARTNERS, LLC, a Florida limited liability company, and he is [check one:] _ personally known to me OR — produced the following as identification: NOTARY PUBLIC, STATE OF FLORIDA [NOTARIAL SEAL] Print Name of Notary: My Commission Expires: CADocuments md Settings�mcms\Local Settingffemporary 1ntemetfFes\0LKDA\H17857.D0C EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY Parcel "A" of AIRPORT COMNMRCE CENTER PLAT, according to the Plat thereof, recorded in Plat Book 175, Page 38 of the Public Records of Broward County, Florida. CADocuments and SeftingsWenrosUcal SettingsWernporary Internet Fi1es\0LKDAMH7857.D0C EXHIBIT B-1 LEGAL DESCRIPTION OF THE HOTEL ONE PARCEL A PARCEL OF LAND BEING A PORTION OF PARCEL A "AIRPORT COMMERCE CENTER PLAT", ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 175, PAGE 38 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, SAID PARCEL BEING DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF SAID PARCEL A; THENCE ON A PLAT BEARING OF SOUTH 87035'32" WEST ALONG THE NORTH LINE OF SAID PARCEL A, A DISTANCE OF 349.01 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE NORTH 87035'32" WEST ALONG THE NORTH LINE OF SAID PARCEL A, A DISTANCE OF 270.89 FEET TO T14E NORTHWEST CORNER OF SAID PARCEL A; THENCE SOUTH 01031'44" EAST ALONG SAID WEST LINE OF PARCEL A, A DISTANCE OF 262.19 FEET; THENCE SOUTH 05'18'50" WEST ALONG SAID VVEST LINE OF PARCEL A, A DISTANCE OF 101.24 FEET; THENCE SOUTH 01*31'44" EAST ALONG SAID WEST LINE OF PARCEL A, A DISTANCE OF 51.18 FEET; THENCE NORTH 88029'24" EAST, A DISTANCE OF 311.48 FEET; THENCE NORTH 01'28'15" WEST, A DISTANCE OF 224.01 FEET; THENCE SOUTH 88'43'51" WEST A DISTANCE OF 29.64 FEET; THENCE NORTH 01'16'45" WEST A DISTANCE OF 194.00 FEET TO THE POINT OF BEGINNING; SAID LANDS SITUATE IN THE CITY OF DANIA BEACH, BROWARD COUNTY, FLORIDA, CONTAINING 120,243 SQUARE FEET (2.760 ACRES) MORE OR LESS. CADmuments md settingsvnenrosTocal Settings\Temporajy hitcmctfQm\0LKDA\fH7857.D0C EXHIBIT B-2 LEGAL DESCRIPTION OF THE HOTEL TWO PARCEL A PARCEL OF LAND BEING A PORTION OF PARCEL A "AIRPORT COMMERCE CENTER PLAT", ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 175, PAGE 38 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, SAID PARCEL BEING DESCRIBED AS FOLLOWS: BEGIN AT THE NORTHEAST CORNER OF SAID PARCEL A; THENCE ON A PLAT BEARING OF SOUTH 01034'24" EAST ALONG THE EAST LINE OF SAID PARCEL A, A DISTANCE OF 373.83 FEET; THENCE SOUTH 88'32'57" WEST, A DISTANCE OF 320.64 FEET; THENCE NORTH 01'28'15" WEST, A DISTANCE OF 173.91 FEET; THENCE SOUTH 88043'51" WEST A DISTANCE OF 29.64 FEET; THENCE NORTH 01016'45" WEST A DISTANCE OF 194.00 FEET; THENCE NORTH 87'35'32" EAST ALONG THE NORTH LINE OF SAID PARCEL A, A DISTANCE OF 349.01 FEET TO THE POINT OF BEGINNING; SAID LANDS SITUATE IN THE CITY OF DANIA BEACH, BROWARD COUNTY, FLORIDA, CONTAINING 124,578 SQUARE FEET(2.860 ACRES) MORE OR LESS. CADocuments md Setfings\mcnros\Local Settings\Temporary lntemet2@es\0LKDA\lH7857.D0C EXHIBIT B-3 LEGAL DESCRIPTION OF THE OFFICE PARCEL A PARCEL OF LAND BEING A PORTION OF PARCEL A "AIRPORT COMMERCE CENTER PLAT", ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 175, PAGE 38 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, SAID PARCEL BEING DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF SAID PARCEL A; THENCE ON A PLAT BEARING OF SOUTH 01034'24" EAST ALONG THE EAST LINE OF SAID PARCEL A, A DISTANCE OF 373.83 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 01034'24" EAST ALONG THE EAST LINE OF SAID PARCEL A, A DISTANCE OF 199.17 FEET TO THE SOUTHWESTERLY CORNER OF SAID PARCEL A; THENCE SOUTH 42055'33" WEST ALONG SAID SOUTHERLY LINE OF PARCEL A, A DISTANCE OF 42.05 FEET; THENCE SOUTH 8725'39" VVEST ALONG SAID SOUTH LINE OF PARCEL A, A DISTANCE OF 17.29 FEET; THENCE NORTH 79'04'36" WEST ALONG SAID SOUTH LINE OF PARCEL A, A DISTANCE OF 51.42 FEET; THENCE SOUTH 87025'39" WEST ALONG SAID SOUTH LINE OF PARCEL A, A DISTANCE OF 390.44 FEET; THENCE NORTH 01031'44" WEST ALONG SAID WESTERLY LINE OF PARCEL A, A DISTANCE OF 107.27 FEET; THENCE SOUTH 8725'39" WEST ALONG SAID SOUTHERLY LINE OF PARCEL A, A DISTANCE OF 145.02 FEET; THENCE NORTH 01031'44" WEST ALONG SAID VVEST LINE OF PARCEL A, A DISTANCE OF 71.33 FEET; THENCE NORTH 8829'24" EAST, A DISTANCE OF 311.48 FEET; THENCE NORTH 01028'15" WEST, A DISTANCE OF 50.10 FEET; THENCE NORTH 88-32'57"EAST,A DISTANCE OF 320.64 FEET TO THE POINT OF BEGINNING; SAID LANDS SITUATE IN THE CITY OF DANIA BEACH, BROWARD COUNTY, FLORIDA, CONTAINING 110,105 SQUARE FEET (2.528 ACRES) MORE OR LESS. CADocuments md SeUings\rnmos\Lo�l Seftings\Temporary IntcmctZjes\0LKDA\lH7857.D0C EXHIBIT C SITE PLAN Ban I or a I j. 9 , 4 . - xv., m It Ali! 47� P; -A AMR., MAI k RAVENSWOOD RD. ----------- r------- ------------------- - - I t-t '26 x 4 + LV 1 11A 4 �4 It -n 1[.7 C. X k Al r -------------------------- --- ---------—--- -———-----—------------ > lip[I :< 'p, CAD�menls wd Settings\inenros\Local SetfingsWemporary lntcmct22es\0LKDA\lH7857.D0C CIW OF DANIA BEACH Agenda Item # 7 Agenda Request Database Date of Commission Meeting: 5-13-2008 Public Hearing El Adopt Resolution X Adopt Ordinance (I st Reading) E] Adopt Ordinance(2nd Reading) E] Award Bid/RFP Presentation Continued from: RESOLUTION NO.2008-074 A RESOLUTION OF THE CITY OF DANIA BEACH,FLORIDA APPROVING THE REQUEST SUBMITTED BY PROPERTY OWNER CLARE VICKERY TO REMOVE THE TIME LIMITATION ATTACHED TO VARIANCE VA-13-05 DATED MAY 10,2005,APPROVED BY RESOLUTION NO.2005-074,WHICH IS SET TO EXPIRE ON JANUARY 17,2009,FOR PROPERTY LOCATED AT 47-49 NORTH FEDERAL HIGHWAY,DANIA BEACH; PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. Dept: Acct#: Amt: Fund: General: El water: El sewer: [I Stormwater: E] Grants: El capital: El VA-13-05EX: The applicant, Clare Vickery, requests an extension of a previously approved variance to allow 17 parking spaces for an existing commercial building, 72 spaces required, for a property located at 47-49 N. Federal Highway. Resolution Staff Report Application Criteria Exhibit I Submifted by Corinne LaJoie Date Department Director Corinne Lajoie Date Assistant City Manager Date HR Director Date Finance Director Date City Aftomey Date City Manage Date Commission Action: Approved: F-I Denied: F-I continued to: F-I RESOLUTION NO. 2008-074 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE REQUEST SUBMITTED BY PROPERTY OWNER CLARE VICKERY TO REMOVE THE TIME LIMITATION ATTACHED TO VARIANCE VA-13-05 DATED MAY 10,2005,APPROVED BY RESOLUTION NO.2005-074,WHICH IS SET TO EXPIRE ON JANUARY 17, 2009, FOR PROPERTY LOCATED AT 47-49 NORTH FEDERAL HIGHWAY, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS,on May 10,2007,the City Commission approved the request for variance VA- 13-05 by Clare Vickery, to provide 17 parking spaces for a restaurant, dance studio, and general retail use in an existing building located at49N.Federal Highway,Dania Beach by Resolution 2005- 074 which will expire on January 17, 2009; and WHEREAS, Clare Vickery is requesting a removal of the time limitation of the variance approval; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the request to remove the expiration time limitation attached to variance VA-13-05 is approved. Section 2. That such approval is subject to the following conditions: 1) The number of customer seats that shall be permitted shall be subject to the applicable provisions of the City zoning regulations. 2) Dance classes shall be restricted to no more than 15 persons(14 students and instructor) during weekdays. 3) Dance classes shall not be held between the hours of 11:00 am and 2:00 pm; Monday- Friday. Section 3. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 4. That this Resolution shall be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED on 2008. ALBERT C. JONES MAYOR-COMMISSIONER ATTEST: LOUISE STILSON,CMC APPROVED AS TO FORM AND CORRECTNESS BY: THOMAS J. ANSBRO CITY ATTORNEY 2 RESOLUTION#2008-074 CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT DATE: May 13, 2008 TO: Ivan Pato, City Manager FROM: Corinne Lajoie, AICP, Principal Planner 6W6;21_. SUBJECT: VA-13-05EX: The applicant, Clare Vickery, requests an extension of a previously approved variance to allow 17 parking spaces for an existing commercial building, 72 spaces required, for a property located at 47- 49 N. Federal Highway. VARIANCE To allow 17 parking spaces for an existing commercial building; code required 72 spaces. ANALYSIS On May 10, 2005 the City Commission approved this variance request for 36 months from the date of the Certificate of Occupancy, with conditions. The Certificate of Occupancy was issued on January 17, 2006, therefore the variance will expire on January 17, 2009. The applicant is requesting an extension of the previously approved variance for an indefinite time with no limitation on the seating capacity in the cafL&. Due to the building's date of construction in the 1930's, the structure is non- conforming with respect to parking. In 2005, the applicant proposed a 2,500 sq. ft. restaurant, 1,500 sq. ft. of retail space, and a 2,000 sq. ft. dance studio on the second floor. Dance studio is not specifically listed in the parking code; therefore parking is based on the "personal service" requirement of 1 space per each 250 sq. ft. of floor area. Collectively, 72 parking spaces are required for all uses. In 2005, the applicant offered to restrict the restaurant to 100 seats. This would reduce total required parking to 52 spaces, still much more than the 17 on-site spaces. Originally the applicant claimed that 30% — 50% of restaurant customers will walk to the restaurant and do not require parking. Most evenings and weekends, on-street parking (25 spaces) and city hall parking (30 parking spaces) are available. Weekdays, city hall is occupied, and nearby on- street parking must be shared with other merchants and post office patrons. Lack of parking will be noticeable weekdays, especially from 11 am to 2 pm. Sufficient off-site parking is available evenings and weekends for a 100 seat restaurant, week-day parking becomes inadequate once the restaurant occupancy exceeds 60 customers. The previously approved variance had the following conditions applied: a. The temporary parking waiver does not confer any vested rights with respect to restaurant use. b. Applicant to use best efforts to enter into a shared parking access easement with the adjoining property owners within 6 months. c. Violation of any conditions 1-4 days shall be considered a city code violation subject to enforcement action. d. Parking variance approval automatically expires within 36 months from issuance of a certificate of occupancy. e. Dumpster enclosure to be approved per City code. CITY COMMISSION PREVIOUS ACTION On May 10, 2005 the City Commission approved this variance request for 36 months with conditions. STAFF RECOMMENDATION At the discretion of the City Commission. City of Dania Beach� Florida Department of Community Development Planning and Zoning Division (954)924-680S Phone www.daniabeachfi.gov General Development Application La Administrative Variance • Assignment of Flex/Reserve Units r, • Land the Amendment L) Plot luz,"[)if , t 1 4, L3 Plat Delegation Request Ll Rezoning APR 0 3 29GB I Date Rac'd: • Site Plan • Spada] Exception Pie n Ono Petition No.:VA- V5 USP-7 Y (3 Trafficway Waiver U Variance • Roadviray Vacation • Nxtanded l"rs, a"Other. U THIS APPLICATION WILL NOT BE ACCEPTED UNTIL IT IS COMPLETE AND SUBMITTED WrM ALL NECESARRY DOCUMENTS. Refer to the application type at the top of this form and 'Required Documentation"cheddist to determine the supplemental documents required with each application. For after the fact applications, the responsible contractor of record shall be present at the board hearing. Their failure to attend may impart upon the disposition of your application. As always, the applicant or their authorized legal agent must be present at all meetings. All projects must also obtain a building permit from the CWs Building Department. Location Address: Z//- 41 14r Lot(s): q1 ,-�ZO Block: 13 Subdivision: Recorded Plat Name: -724111 V I 1,?tC) -34 Folio Number(s): Legal Description: Applica nt/Consultant/Legall Representative(drde one) Address of Applicant: Business Telephone: Home: Fax: Name of Property Owner: ��J L'�2 IJA--�04' ota-ae- �Lie V Address of Property Owner: 44911� a--2- Business Telephone: -A6414ome: Fax: WA Explanation of Request: � W,&-4f 1�i-' For Phi&ple3se provide prWosO Pbt ffialfie for variances pAiilse adiab &if Mfg Stiirterrrent as Arffd-i a 13 of Chapter 28,Zoning Code. Prop. Net Acreage: Gross AaTa�age:—Prop. Square Footage: E)dstinq Use:W Proposed Use: Is property owned individually, by a oDrporatJon, or a joint venture? I understand that site plan and variance approval autornatically expires within 12 775 City Commission approval1j, pursuant to Ordinance No. 2005-IM. __�h= ; - 0 Date Applicant/Owner signatuna Print Name AppLICANTF CONSULTANT, OR LEGAL REPRESENTATIVE NOTARIZED SIGNATURE Sworn to and subscribed before me AppHCant/C0nSUftnt( This �_day of 2 Q_0 Signature-' 77 - Date ZV �/z (:�Sig Name P ic rn Notary (PrintNaime) State of(--J�l 0 eN 04 —1j.0,10M 01. 1'0 print Name of Notary Steet Address, City, Commission Expires: tD �?77_ S,ea—k Teiephone No. &Fax No. .,7 D 5" INDIVIDUAL OWNER NOTARIZED SIGNATURE: This is to certify that I am the fee simple, yf s b j1desxadibeWd above and that I have allthorized ':na to make and file the (Appfcant/Cc)nsurcant/Represent3t!ve) aforesaid application. Swom to and subFjjbed before me Owner. This day ofLl� t Signature: Date-, 7 - Si n anje f Notary Pubii (Print Name) m W rq 0 a City State and 7jpCode Pririt Name of Notary Striag Address, tean inCode commission Expires: 10 60 � &�_� --�- _ ­- Tikiphorve No. &Fax No. Sea:. 01 Flonj3 April 2, 2008 Clare Vickery,Owner and Sole Member _Mzi LZ Grace LLC aka Grace C0 and Galleries 49 North Federal Flighway Dania Beach,Florida 33004 APR 70H §54.921.1231 (v) RE: Extension of Variance for Parking for uses of C66 and Dance Studio Planning t Located at 49 N. Federal I-Eghway,Dania Beach,Florida 33004 Departmen Dear Mayor and Commissioners, In May 2005, Clare Vickery, sole member and owner of Grace LLC,was approved by the City Commission for a parking variance as part of a proposed plan for new cafe and dance studio for the existing retail mall at the above address in the historic Antique District. The variance was approved for three (3)years with an option to extend the variance as determined by the commission. The Applicant, Clare Vickery, subseque�tly submitted and completed building plans for the caf6 with-minor rehabilitation.to the first floor and officially opened Grace Caf6 and Galleries in late January 2006. The retail antique mall has become a Gallery of arts and antiques surrounding a caf6 on the first floor with second floor dance and arts studios. The caf6 has been primarily used for parties and community events and was approved by the City for sixty (60) seats. The dance studio on the second floor began in 2007 with one (1)tango class at night and has expanded to three (3) classes per week in the evening with weekends featuring special dance workshops. Two artists from Miami joined the second floor studios as painters-in-residence and their paintings are sold through the first floor gallery. These listed artists are accomplished art teachers and are working to support some of Dania Beach's grant programswhich assist children in after school activities. The Gallery and Owner, Clare Vickery,has sponsored numerous high profile public and community events over the past years bringing thousands of people to the downtown area. The building is now 100%owner occupied and owner has no intention of leasing space until such time as lease rates exceed what retail revenues generate from the various arts and services uses. The owner is on site forty(40)or more hours per week and has hired a full time person,therefore, any site control issues are easily maintained by the owner and her staff ec The Applicant mai tains one of the few retail uses on the subj t blok with sufficient on site parking for its operations. The owner has structured events and activities to successfully manage parking needs- We are requesting an extension of the existing variance for an indefinite time for the property subject to Applicant's compliance with requirements of the City Code of Ordinances. We also would appreciate no limitation on the seating capacity in the cafd as we continue to book special events including food and beverages. We appreciate your assistance in this matter and request placement on the Commission agenda for April 2008.Please don't hesitate to call me at 954.921.1231 should you have any questions about this request. Sincerel �_�cl Clare AICP RESOLUTION NO. 2005-074 A RESOLUTION OF THE CITY OF DANIA BEACH, APPROVING THE VARIANCE REQUEST SUBMITTED BY CLARE VICKERY, APPLICANT, REPRESENTING DORIS SINGER,PROPERTY OWNER,FROM CHAPTER 28, "ZONING",ARTICLE 6.2 1,"OFF-STREET PARKING REQUIREMENTS",FOR PROPERTY LOCATED AT 49 NORTH FEDERAL HIGHWAY,IN THE CITY OF DANIA BEACH;PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Dania Beach Code of Ordinances, Chapter 29, "Zoning", Article 6.21. contains off street parking requirements applicable in the City of Dania Beach; and WHEREAS, Clare Vickery, applicant, representing Doris Singer, property owner, has applied for a variance (VA-13-05) to provide 17 parking spaces for a restaurant,dance studio, and general retail use in an existing building located at 49 N. Federal Highway, Dania Beach; and WHEREAS,the Planning &Zoning Board on April 20,2005,recommended that the City Commission grant variance request VA-1 3-05, based upon the criteria set forth in section 10.13 of Article 10, of Chapter 28, "Zoning", of the Code of Ordinances of the City of Dania Beach; NOW, THEREFORE,BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That that certain application VA-1 3-05, for a variance as described above from requirements in Chapter 28,"Zoning",Article 6.21, "Off Street Parking Requirements",of the City of Dania Beach Code of Ordinances, a copy of which application is attached and made a part of this Resolution as Exhibit "A", is approved, subject to the following conditions: 1) Parking variance shall be limited to 36 months from issuance of a certificate of occupancy. 2) No more than 60 customer seats shall be permitted regardless of restaurant floor area size. 3) Dance classes shall be restricted to no more than 15 persons (14 students & instructor) during weekdays. 4) Dance classes shall not be held between the hours of 11:00 am and 2:00 pm; Monday- Friday. 5) parking variance maybe modified,extended for additional time,or made PermanertOnly by approval of the city Commission. 6) Applicant to submit letter agreeing to the following: a. The temporary parking waiver does not confer any vested rights with respeft to restaurant use. b. Applicant to use best efforts to enter into a shared parking access casement wit�the adjoining property owners within 6 months. c. Violation of any Conditions I - 4 days shall be considered a city code violation subject to enforcement action. d. Parking variance approval automatically expires within 36 months from issuance of a certificate of occupancy. e. Dumpster enclosure to be provided per City code. .Section 2. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. .Section 3. That this Resolution shall be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED on May 10, 2005. ANNE CASTRO MAYOR—COMMISSIONER ATTEST: ROLL CALL: COMMISSIONER ANTON - YES COMMISSIONER BERTINO—YES COMMISSIONER MCELYEA - YES LOUISE STILSON VICE-MAYOR FLURY -YES CITY CLERK MAYOR CASTRO - YES APPROVED AS TO FORM AND CORRECTNESS: BY: ATHOSS J��ANSBRO 4 CITY ORNEY 2 RESOLUTION#2005-074 City Mayor and Comniissioners City of Dania Beach 100 W. Dania Beach Boulevard Dania Beach, Florida 33004 Clare Vickery 816 SE 8'h Street Fort Lauderdale, Florida 33316 RE: Parking variance for 49 N. Federal Highway for first floor restaurant/cafd use and second floor use of a dance studio Dear Ladies and Gentlemen, We are requesting a parking variance for a first floor restaurant/cafd not to exceed 4,000 sq ft for the above subject site. The proposed restaurant/cafd will sell limited on-site prepared foods and varieties Of Wffees and teas. Some minor retail space may be included on the first floor.All improvements to first floor will be done consistent with codes regarding this use. We are also requesting a parking variance for the second floor for a dance studio not to execed 2,500. square feet.Membership will be required through the purchase of multiple dance classes and after initial consultation with dance teacher. Property owner will manage the dance studio on second floor and make all improvements to the second floor consistent with codes regarding these uses. The current use for the building is retail. Parking overflow is handled by existing on-site parkin*9 of approximately nineteen (19) spaces, on-street parking and informal"shared"parking with neighboring lots north ,nd South. The proposed uses' parking needs are not expected to exceed the existing retail parking needs based on the staggering of new operation hours. Also, the unique location of the subject site allows for a high degree of pedestrian access and proposed uses will not compete with parking needs of nearby antique shops as antique shopping is often done during"non peak"hours or weekends. Finally,the proposed uses will create an active day-to-night mixed use site in the heart of the downtown. The current operation closes promptly at 5PM. Approval of the variance will be a primary step in continuing to invest in the building and raise the overall appeal and charm of the area. Please grant the proposed parking variance as requested and feel free to call me.at 954.527.5475. We look forward to working closely with the City of Dania Beach. Sinceri ely lare-Vickery, applicant City of Dania Beach, Florida Department Of Community Development Planning and Zoning Division (954) 924-3645 General Development Application C3 Assignment of Flex/Reserve Units 0 Land Use Amendment El Plat L3 Plat Delegation Request E3 Rezoning Date Recd: Ll Site Plan El Special Exception Petition No.: 13 Special Request L3/Trafflcway Waiver 3 Variance * Vacation Request * Other. THIS APPLICATION WILL NOT BE ACCEPTED UNTIL IT is COMPLETE AND SUBMITTED WITH ALL NECESARRY DOCUMENTS. Refer to the %Application Type" and "Required Documentationm checldlst to determine the supplemental documents required with each application. For after the fact applications, the responsible contractor of record shall be present at the board hearing. Their failure to attend may impact upon the disposition of your applicadon. As always, the applicant or their authorized legal agent must be present at all meetings. All projects must also obtain a builpding permit from e City's Building Department. Location Address. -�p /V Lot(s):'j--4/- d Block: Subdivision: it Recorded Plat Name: 4L61;2 Folio Number(s): Legal Description: t 1�' ; , / 2 7 Applicanticonsuitant/Legal Representative (circle one) I—1 —1 Address of Applicant: yL ?me Business Telephone: L k-� - onne: Name of Property Owner: w Address of Property Owner: Z/ Business Telephone; Home: Fax: Explanation of Request Prop. Net Acreage: Gross Acreage: -Prop. Square Footage; Existing Use: Proposed Use: is property owned Individually, by a corporation, or a joint venture? APPLICANTr CONSULTANT, OR LEGAL REPRESENTATIVE NOTARIZED SIGNATURE Sworn to and subscribed before me Applicant/ConsultBnt/Representi3tive: This day of_20L__ Signature: Date: Sign Name of Notary Public (Print Name) State of Print Name of Notary Street Address,City, State and Mp Code Oommis:slon Expires: Sea[: Telephone No. &Fax No. INDIVIDUAL OWNER NOTARIZED SIGNATURE- This lS to I am the fee simple ow7,of s bje,�.Ila described above and that I have d rd r authorized c�e� e�pllcan subnt(Representative) to a resal make and f!e a resaid application. Sworn to and subscribed before me Owner: This day of 20-2Y Signature: /-Jyo-� Date: 3 - 04- () 5- " - ��) 0 1.2 CS C 1 JnNakeof Notary Publl<) (Print Name) te of( pt 0 te of( F-torkbA- �OAjA A C U ki k'k I ti La 41N Print Name of Notary Street Address,City, State and Zip code Commission Expires: Telephone No. Fax No. LOU ANM CUNNW-4M C Natxy pubk-swis of Fbide Stg go My CMm.Expir"Feb 20,2008 20 M EP Comrrks�iow,VSD70276137 Broward County Property Appraiser's Network Page I of I If you are looking to purchase this property,the tax amount shown may have no relationship to the taxes you will pay. E1110LORI PARRISH If you are looking to purchase this property and are not using D portability to transfer any capped savings,please use our Tax *0 IMPORTANT: Estimator to determine a more likely estimate of your new amount. OEM If you own a home in Florida,and want to see how much portability will save you.try our Portability Estimator. Click here to display your 2007 Tax Bill. Site Address 149 N FEDERAL HIGHWAY, DANIA BEACH JID# 15042 34 01 1910 Property Owner I GRACE LLC IMillage 1 0413 Mailing Address 1816 SE 8 ST FORT LAUDERDALE FL 33316 1 1 Use 12 Legal TOWN OF DANIA B-49 D LOT 9 LESS ST RD BILK 13 Description I I Property Assessment Values Year Land Building Land Value AG Just Value Tax Current $186,730 $491,550 $678,280 2007 $186,730 $446.860 $633,590 $14,479.60 2006 $186,730 $76,350 $263,080 $7,214.26 Assessed/ Exemptions SOH Value Type AfidiVell/Dis 1 at Homestead 2nd Homestead Non-Exempt $678,280 $678,280 $633,590 2007 Assessed I SOH Value $263,080 2006 Assessed I SOH Value Sales History Land Calculations Date Type Price Book Page Price Factor Type 5/24/2005 WD. $989,000 39864 225 $38.50 4,850 SF 811/1993 CIC $100 22128 614 Adj. Bldg. S.F. (See Sketch) 6374 Eff.Year Built 1930 Denotes Multi-Parcel Sale(See Deed) Special Assessments Fi re Garbage Light Drainage Improvement Safe 04 DS C DS 6374 7.4 Please Note:Assessed values shown are NOT r:ertified values and are subject to change before final r;erfification for ad valorem tax purposes. http://bcpa.net/Reclnfo.asp?URL—Folio=50423401191 0 5/5/2008 CITY OF DANIA BEACH Agenda Item # / • U Agenda Request Database Date of Commission Meeting: 5-13-2008 Public Hearing ❑ Adopt Resolution X❑ Adopt Ordinance (7st Reading) ❑ Adopt Ordinance (2nd Reading) ❑ Award Bid 1RFP ❑ Presentation ❑ Continued from: Dept: Acct #: Amt: Fund: General: ❑ Water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ WA-36-08: The applicant, Steve Casper, is requesting to waive the Principal Design Standards Overlay regulations regarding paint color for a property located at 38 South Federal Highway. Report Request sExhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 Submitted by Corinne Lajoie Department Director Corinne Lajoie Assistant City Manager HR Director Finance Director City Attomev ON Manager Commission Action: Date Date Date Date Date Date Date Approved: ❑ Denied: ❑ Continued to: ❑ RESOLUTION NO.2008-079 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE MAY 7, 2008 REQUEST SUBMITTED BY PROPERTY OWNER STEVEN CASPER, FOR AN APPROVAL OF A WAIVER FROM CHAPTER 28, "ZONING", ARTICLE 6.64, "PRINCIPAL ARTERIAL COMMERCIAL DESIGN (PAD) STANDARDS OVERLAY", FOR PROPERTY LOCATED AT 34-38 SOUTH FEDERAL HIGHWAY, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on March 20, 2008, property owner Steven Casper requested abuilding permit for exterior renovations to the 9.5' x 14.1' structure generally located at 38 South Federal Highway, Dania Beach; and WHEREAS, Chapter 28, "Zoning", Article 6.64 "Principal Arterial Commercial Design (PAD) Standards Overlay" restricts the color of buildings to "nature blending, earth tone or light pastel colors" with a maximum of three colors exclusive of the roof, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the request to renovate the structure located at 38 South Federal Highway waiving the PAD Standard Overlay district color restriction with the proposed colors as indicated on the site plan attached as Exhibit "A", is approved. Section 2. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 3. That this Resolution shall be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED on 2008. ALBERT C. JONES MAYOR -COMMISSIONER ATTEST: LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS go THOMAS J. ANSBRO CITY ATTORNEY 2 RESOLUTION #2008-079 CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT DATE: May 13, 2008 TO: Ivan Pato, City Manager FROM: Corinne Lajoie, AICP, Principal Planner 6?0L REQUEST: WA-36-08: The applicant, Steve Casper, is requesting to waive the Principal Design Standards Overlay regulations regarding paint color for a property located at 38 South Federal Highway. PRINCPAL DESIGN STANDARD WAIVER The applicant is requesting a waiver of the Principal Arterial Design (PAD) color restrictions. The applicant is proposing to remodel an existing 133 square feet square foot building located on the west side of Federal Highway. This property is located within the City's PAD overlay district which restricts colors of building to nature blending, earth tone or light pastel colors with a maximum of three colors exclusive of the roof. The applicant is proposing the use of five bright colors; green, blue, pink, yellow and brown. COMMUNITY REDEVELOPMENT AGENCY PREVIOUS ACTION On December 13, 2007 and January 9, 2008 the Community Redevelopment Agency heard and discussed this project. STAFF RECOMMENDATION At the discretion of the City Commission. City of Dania Beach, Florida Department of Community Development Planning and Zoning Division (954) 924-6805 Phone www.daniabeachfl.gov General Development Application ❑ Administrative Variance ❑ Assignment of Flex/Reserve Units ❑ Land Use Amendment �������� ❑ Plat � ❑ Plat Delegation Request ❑ Rezoning. MAV 0 6 2000 ❑ Site Plan ❑ Special Exception Punning ❑ Trafflcway Waiver, ❑ Variance Department ❑ Roadway Vacation ❑ Extended Hours nn `g Other: (4If2a'thc1L tyq o gar. Date Rec'd: tvy cr A L0CI�GO c� Petition No.: -13b THIS APPLICATION WILL NOT BE ACCEPTED UNTIL IT IS COMPLETE AND SUBMITTED WITH ALL NECESARRY DOCUMENTS. Refer to the application type at the top of this form and "Required Documentation" checklist to detennine the supplemental documents required with each application. For after the fad applications, the responsible contractor of record shall be present at the board hearing. Their failure to attend may impact upon the disposition of your application. As always, the applicant or their authorized legal agent must be present at all meetings. All projects must also obtain a building permit from the City's Building Department. Location Address: 2 Ru Lot(s): Block: 22 Subdivision: Recorded Plat Name: Folio Number(s): E 1+q Legal Description: LOT 20. f3(-1L 1.L 'jDW GC-- DPNk(- Applican nsultant/Legal Representativel 1 v (circle one) 0E CPS Address of Applicant: pI) &X 2%8 `i)oN\A P,(?ociA, 5Fz �OLKZ Business Telephone: Q V -925 $ S3 S Home: C 31-i- clW - I G gi Fax: G S4 Name of Property Owner: �N c� h Address of Property Owner: I� 1 ll Z7 8 D, �Z 33oC)<F Business Telephone: CiS4'gU-SS3S Home: ctJet-Ci20-KIR Fax: cl"-022_742Z Explanation of Request: For Plats please provide proposed Plat Name for Vaflarices please attach Article 10.13 of Chapter 28, Zoning Code. Prop. Net Acreage: Gross Acreage: Existing use: n(2l-1 Criteria Statement as per Prop. Square Footage: Proposed Use: QVA SZ C C Is property owned individually, by a corporation, or a joint venture? 1'qAs-\- ndl that site plan and variance approval automatically expires within 12 of Commission approval, pursuant to Ordinance No. 2005-040. C�SQe-N-� NVM S wok ijQown-e-j�-Mqnature Print Name Date APPLICANT, CONSULTANT, OR LEGAL REPRESENTATIVE NOTARIZED SIGNATURE Sworn to and subscribed before me This day of 20_ Sign Name of Notary Public State of( ) Print Name of Notary Commission Expires: Seal: Applicant/Consultant/Representative: (Print Name) Street Address, City, State and Zip Code Telephone No. & Fax No. INDMDUAL OWNER NOTARIZED SIGNATURE: This is to certify that I am the fee simpl owner of subiect lands described above and that I have authorized (Applicant/Consultant/Representative) _,ei/ i/ l " �/ Q��� to make and file the aforesaid application. Sworn to and subscribed before me This day of . 20 Sign Name of Notary Public State of ( /3 A.; sa 40 Print Name of Notary Commission Expires: 62-/✓` -Iozz Sea I-,. Cammiss on DD 650461RRANT Expires June 15, 2011 imy Fenkmmw800.MB Mj9 Owner: Signature: (Print Name) Street Address, City, State and Zip Code C'SZj -C 1-'�- 9 S P)S Telephone No. & Fax No. MAY 51 2008 CORINNE CHURCH-LAJOIE LDepartmel, PRINCIPAL CITY PLANNERCITY OF DANIA BEACH100 WEST DANIA BEACH BLVD.8 DANIA BEACH, FLORIDA 33004RE: GENERAL WAIVER REQUEST DEAR CORINNE; I AM ATTACHING TWELVE (12) SETS OF PLANS AND TWELVE (12) SURVEYS FOR THE PROJECT LOCATED AT 38 SOUTH FEDERAL HIGHWAY. I ALSO AM ENCLOSING TWELVE (12) CRA MINUTES FOR THE DECEMBER 13, 2007 MEETING AND JANUARY 9, 2008 MEETINGS. AT THOSE CRA MEETINGS SUPPORT FOR THIS PROJECT WAS SUGGESTED BY OUR FORMER CITY PLANNER MR. LEEDS AND THE DANIA BEACH CRA BOARD. AS YOU KNOW, BOTH THE CRA BOARD AND THE DANIA BEACH CITY COMMISSION ARE MADE UP OF THE SAME MEMBERS AS THE DANIA BEACH CITY COMMISSION. I AM REQUESTING A GENERALVAIVER FROM THE DANIA BEACH CITY COMMISSION TO CONSTRUCT A ROOF STRUCTURE ON THE EXISTING 11' X 14' CBS BUILDING. I AM REQUESTING A WAIVER FOR THE COLORS TO BE USED ON THIS STRUCTURE. I WOULD LIKE TO APPEAR BEFORE THE CITY COMMISSION AT THE NEXT,REGULAR/EV4NIA BEACH COMMISSION MEETING MAY 13, 2008. 6UTINUM PO BOX �7 DANIA E CH, FLORIDA 33004-0278 954-95 535 OFFICE / 954-925-8805 FAX / SSCASPER40@CS.COM 3 j 41-99 CITY OF DANIA BEACH MEMORANDUM TO: Mayor and Commission CC: Ivan Pato, City Manager Colin Donnelly, Assistant City Manager Patty Varney, Finance Director Louise Stilson, CMC, City Clerk FROM: Thomas J. Ansbro, City Attorney DATE: May 6, 2008 RE: Proposed Ballot Question re Sale of Boisey-Waiters Property Attached is a resolution calling for the election regarding the sale of the Boisey-Waiters Property. TJA:sls RESOLUTION NO. 2008-080 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, CALLING FOR AN ELECTION TO BE HELD ON TUESDAY, NOVEMBER 4, 2008 ON THE PROPOSED SALE OF CITY PROPERTY KNOWN AS THE BOISEY- WAITERS PROPERTY (CONSISTING OF TWO SEPARATE BUT RELATED PARCELS OF LAND LOCATED ON THE SOUTH SIDE OF STIRLING ROAD ON BOTH THE EAST AND WEST SIDES, RESPECTIVELY, OF THE C-10 CANAL IN THE CITY OF DANIA BEACH); PROVIDING FOR SUBMISSION TO THE ELECTORS FOR APPROVAL OR DISAPPROVAL OF THE QUESTION OF WHETHER OR NOT THE CITY MAY SELL THE PROPERTY; PROVIDING FOR REQUISITE BALLOT LANGUAGE, PROCEDURES FOR BALLOTING AND NOTICE; PROVIDING FOR RELATED MATTERS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Part XII, Article 3, Section 1 of the City Charter, the City Commission has directed the final drafting and preparation of a question for submission to the electors of the City relating to the sale of property known as the Boisey-Waiters property (consisting of two separate but related parcels of land located on the south side of Stirling Road on both the east and west sides, respectively, of the C-10 canal in the City of Dania Beach); and WHEREAS, the City Commission desires to submit the question to the electors of the City, as required by the City Charter; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AS FOLLOWS: Section 1. Election Called. That an election is called for Tuesday, November 4, 2008, to present to the electors of the City of Dania Beach (the "City") the ballot question provided in Section 4 of this Resolution. Section 2. Vote At Polls. That balloting shall be conducted between the hours of 7:00 a.m. and 7:00 p.m. at the regular polling places for City elections or as otherwise provided by the Broward County Supervisor of Elections in accordance with applicable law. All qualified electors residing within the City who are timely registered shall be entitled to vote. Early voting may be provided as authorized by law. Section 3. Notice. a) That notice of the election shall be published in accordance with Section 100.342, Florida Statutes, in a newspaper of general circulation within the City at least thirty (30) days prior to the election, the first publication to be in the fifth week prior to the election, and the second publication to be in the third week prior to the election, and shall be in substantially the following form: U016111OOKS) a 9111:100CoMw PUBLIC NOTICE IS GIVEN THAT PURSUANT TO AN ENABLING RESOLUTION DULY ADOPTED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA (THE "CITY"), AN ELECTION HAS BEEN CALLED AND ORDERED TO BE HELD WITHIN THE CITY ON TUESDAY, NOVEMBER 4, 2008, BETWEEN THE HOURS OF 7:00 AM AND 7:00 PM, AT WHICH TIME THE FOLLOWING QUESTION SHALL BE SUBMITTED TO THE QUALIFIED ELECTORS OF THE CITY. There is one (1) question referred to by the following ballot title: 1. Proposed Sale of Boisey-Waiters Property The City Commission proposes to sell the City property known as the Boisey-Waiters property (consisting of two separate but related parcels of land located on the south side of Stirling Road on both the east and west sides, respectively, of the C-10 canal in the City of Dania Beach), which property was appraised and has an appraised value of $814,000.00. Shall the property sale be permitted? Yes [ ] No [ ] Polling place information, as well as the full text of the enabling resolution for this election, are available at the Office of the City 2 RESOLUTION #2008-080 Clerk, located at 100 West Dania Beach Boulevard, Dania Beach, FL 33004. Contact: Louise Stilson, City Clerk. b) The City Clerk may combine this Notice of Election with other Notices of Election for any other Charter amendments, ballot questions or both. Section 4. That the form of ballot for the question shall be as follows: 1. PROPOSED SALE OF BOISEY-WAITERS PROPERTY The City Commission proposes to sell the City property known as the Boisey-Waiters property (consisting of two separate but related parcels of land located on the south side of Stirling Road on both the east and west sides, respectively, of the C-10 canal in the City of Dania Beach), which property was appraised and has an appraised value of $814,000.00. Shall the property sale be permitted? Yes [ ] No [ ] Section 5. Registration. That the County registration books shall remain open at the office of the Broward County Supervisor of Elections until October 6, 2008, at which date the registration books shall close in accordance with the provisions of the general election laws. Section 6. Implementation. That the City Clerk, with any necessary assistance and services from the Broward County Supervisor of Elections, is authorized to take all appropriate actions necessary to carry into effect and accomplish the provisions of this Resolution. Section 7. Procedure; Returns. That the election returns shall be canvassed by the Broward County Canvassing Board as required by law. 3 RESOLUTION #2008-080 Section 8. Copies Available. That copies of this Resolution are on file in the office of the City Clerk located at 100 West Dania Beach Boulevard, Dania Beach, Florida 33004, and are available for public inspection during regular business hours. Section 9. Result of Balloting. That if a majority of the qualified electors voting on the question vote "yes", the City Commission shall be authorized to sell the property as provided by the City Charter. Section 10. Effective Date. That this Resolution shall become effective immediately upon adoption. PASSED AND ADOPTED on .2008. ALBERT C. JONES MAYOR —COMMISSIONER ATTEST: LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: THOMAS J. ANSBRO CITY ATTORNEY 4 RESOLUTION #2008-080 CITY OF DANIA BEACH MEMORANDUM TO: Mayor and Commission CC: Ivan Pato, City Manager Colin Donnelly, Assistant City Manager Louise Stilson, CMC, City Clerk FROM: Thomas J. Ansbro, City Attorney DATE: May 6, 2008 RE: Proposed Straw Ballot Questions Attached is a resolution calling for the election for the two straw ballot questions, i.e., the lection date change to November and the two year Mayor Charter amendment. TJA: sls RESOLUTION NO. 2008-081 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, PROVIDING FOR TWO (2) NON -BINDING STRAW BALLOT MEASURES TO BE PRESENTED TO THE ELECTORS OF THE CITY AFFECTING THE CITY CHARTER 1) TO DETERMINE IF THERE IS SUPPORT FOR A CHANGE OF THE GENERAL MUNICIPAL ELECTION OF CITY COMMISSIONERS FROM MARCH (OF ODD - NUMBERED YEARS) TO NOVEMBER (OF EVEN -NUMBERED YEARS) WHICH IS THE GENERAL ELECTION DATE IN BROWARD COUNTY AND 2) TO DETERMINE IF THERE IS SUPPORT AS TO WHETHER THE MAYOR -COMMISSIONER SHOULD BE ELECTED FOR A TWO (2) YEAR TERM RATHER THAN A ONE (1) YEAR TERM AS PRESENTLY PROVIDED BY THE CHARTER; PROVIDING FOR SUCH QUESTIONS TO BE SUBMITTED TO THE ELECTORS IN CONJUNCTION WITH THE GENERAL ELECTION HELD IN BROWARD COUNTY ON TUESDAY, NOVEMBER 4, 2008; PROVIDING REQUISITE BALLOT LANGUAGE FOR SUBMISSION TO THE ELECTORS; PROVIDING FOR NOTICE OF ELECTION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Dania Beach is authorized to provide for the submission of non -binding measures to the electors of the City pursuant to a "straw ballot"; and WHEREAS, the City Commission desires to submit to the electors of the City proposed straw ballot questions pertaining to Charter amendments which would determine if there is support to 1) change the general municipal election of City Commissioners from March (of odd -numbered years) to November (of even -numbered years) which is the general election date in Broward County and 2) to ask whether the Mayor -Commissioner shall be elected for a two (2) year term rather than the one (1) year term presently provided by the Charter, such questions to be submitted to the electors in conjunction with the general election held in Broward County on Tuesday, November 4, 2008; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the above recitals are ratified and confirmed and are made a part of this Resolution. Section 2. That a non -binding referendum election is called, to be held in conjunction with the general Broward County election, for Tuesday, November 4, 2008, to present to the electors of the City of Dania Beach, the straw ballot questions provided in Section 3 of this Resolution. Section 3. That the form of the straw ballot questions provided for in this Resolution shall be substantially as follows: Question One: Amend the City Charter to change the election date of City Commission members. Shall the City Charter be amended to change the date of election of City Commissioners from March (of odd -numbered years) to November (of even -numbered years), which is the date of the general election of Broward County, while eliminating the City primary election process? Yes [ ] No [ ] Ouestion Two: Amend the City Charter to provide a two (2) year term for the Mayor -Commissioner Shall the City Charter be amended to provide that the person who receives the highest number of votes in the general municipal election (which is held every two (2) years) shall serve as Mayor -Commissioner for a two year term (rather than for a one year term, as the present Charter provides)? 2 RESOLUTION #2008-081 Yes [ ] No [ ] Section 4. Balloting. That balloting shall be conducted between the hours of 7:00 a.m. and 7:00 p.m. at the regular polling places for City elections or as otherwise provided by the Broward County Supervisor of Elections in accordance with applicable law. All qualified City electors who are timely registered in accordance with law shall be entitled to vote. Early voting may be provided as authorized by law. Section 5. Notice of Election. That notice of the election shall be published in accordance with Section 100.342, Florida Statutes, in a newspaper of general circulation within the City at least 30 days prior to the election, the first publication to be in the fifth week prior to the election (that is, during the week commencing Sunday, September 28, 2008), and the second publication to be in the third week prior to the election (that is, during the week commencing Sunday, October 12, 2008), and shall be in substantially the following form: "NOTICE OF STRAW BALLOT ELECTION" PUBLIC NOTICE IS GIVEN THAT PURSUANT TO RESOLUTION NO. 2008-081, ADOPTED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA (THE "CITY"), A NON -BINDING STRAW BALLOT ELECTION HAS BEEN CALLED AND ORDERED TO BE HELD WITHIN THE CITY, IN CONJUNCTION WITH THE GENERAL BROWARD COUNTY ELECTION, ON TUESDAY, NOVEMBER, 4, 2008, BETWEEN THE HOURS OF 7:00 A.M. AND 7:00 P.M., AT WHICH TIME THE FOLLOWING STRAW BALLOT MEASURES SHALL BE SUBMITTED TO THE QUALIFIED ELECTORS OF THE CITY: 3 RESOLUTION #2008-081 Question One: Amend the City Charter to change the election date of City Commission members. Shall the City Charter be amended to change the date of election of City Commissioners from March (of odd -numbered years) to November (of even -numbered years), which is the date of the general election of Broward County, while eliminating the City primary election process? Yes [ ] No [ ] Question Two: Amend the City Charter to provide a two (2) year term for the Mayor -Commissioner Shall the City Charter be amended to provide that the person who receives the highest number of votes in the general municipal election (which is held every two (2) years) shall serve as Mayor -Commissioner for a two year term (rather than for a one year term, as the present Charter provides)? Yes [ ] No [ ] Section 6. Copies. That copies of this Resolution proposing the straw ballot measures are on file in the office of the City Clerk located at City Hall, 100 West Dania Beach Blvd., Dania Beach, FL 33004, and are available for public inspection during regular business hours. Section 7. Intent. That the straw ballot questions are solely advisory and non- binding measures. 4 RESOLUTION #2008-081 Section 8. That if any section, clause, sentence or phrase of this Resolution is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this Resolution. Section 9. That all resolutions or parts of resolutions in conflict with this Resolution, shall be repealed to the extent of such conflict. Section 10. Effective Date. That this Resolution shall become effective immediately upon its adoption. - I.yA11001J�.IZ1] 2.1 - 1 6 1 IIIII:� ALBERT C. JONES MAYOR —COMMISSIONER ATTEST: LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: IM THOMAS J. ANSBRO CITY ATTORNEY RESOLUTION #2008-081 a P n w v H A f a 0 .� m 0 0 N .\1