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MINUTES
DANIA CITY COMMISSION
t WORKSHOP MEETING
FEBRUARY 20, 1996
1
ROLL CALL:
Present:
Vice Mayor: John Bertino
Commissioners: Albert Jones
` Bob Mikes
City Manager: Michael Smith ! ;
w City Attorney: Frank Adler
City Clerk: Marie Jabalee .a "
Absent: }w ''
Mayor: Bill Hyde
Commissioner: Bobbie Grace
" 1. Continued discussion on approving the Scope of Services to be performed by
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4 Berry & Calvin, Inc. in connection with the proposed Storm Water Utility System �rF
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for the City of Dania.
� rpl �j City Manager Smith explained that the Storm Water Utility Program is a
combination of establishing legal documentation and setting up a system
\ to collect the assessment on the capital improvements. Staff has ?,
,i �€ recommended to utilize Berry & Calvin for the technical expertise as a < 'r
subcontractor to GSG who will handle the legal portion.
tt m Duncan Rose, GSG, presented an overview of the Storm Water Utility 4 V4 x a
System Program and legal expertise required to properly construct an
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assessment program. Mr. Rose advised that GSG will work with Nabors,
Giblin & Nickerson to address the legal issues and Berry & Calvin on the
engineering aspects in putting the program together.
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Mr. Rose explained that a Storm Water Utility g is a user charged base
WN,1WIPf system which attempts to recover the cost of the storm water program �=s=,> at�,y�-� •.
from those who are actually contributing storm water to the City. The
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funds collected can only be used for storm water purposes and all
generated funds must be placed in a dedicated, special revenue or r `"
i proprietary fund. The three forms of funding available to the City in the ,, y* �"
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WORKSHOP MEETING 1 FEBRUARY 20, 1996
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State of Florida are taxation, user fees and assessments. The two basic
requirements for a valid and legal assessment program are providing
special benefit to property and fair and reasonable apportionment of those
costs. Discussion followed on the costs connected with implementing the
program and the following options to consider:
• Selecting an option of charging for both Capital and Operation &
Maintenance? Operation & Maintenance? Capital only?
• Defining which parcels benefit and the boundaries.
• Determining whether to charge 100% of 0&M the first year or whether
s to establish a 3 year staging program.
C , Set up as Proprietary or Special Revenue Fund.
Mayor Bertino mentioned that the taxpayers of the City of Dania incurred
costs involved with the lawsuit against the expansion of the Ft.
Lauderdale-Hollywood Airport. He recommended to have the storm water ; Mj
assessment absorbed by the entire City instead of assessing the
southeast section. Commissioner Mikes reminded Mayor Bertino that
the funds from the Airport Interlocal Agreement are going to be used
throughout the City and not just for the airport impacted areas.
Mr. Rose clarified that a tax is something that can be extracted and
applied anywhere but an assessment must be applied to the properties sv'
receiving the benefit. Residents could be charged based on the value of r
4 their property, amount of property sales or storm water usage per
rk property. City Manager Smith mentioned that the cost will only be around f`
$36.00 a year per household and that it was residents from the southeast x r
section who have urged the Commission to address the drainage "
problem. ,° �'
F#'trj The Commission generally agreed to have GSG work with staff in bringing
back a structure and concept on the assessment program before the City
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expends any money. m
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2. Continued discussion on approving the Specialized Services Agreement `
between the City Of Dania and the firm of Government Systems Group, L.C.
("GSG") and David M. Griffith & Associates, Ltd. ("DMG"); in connection with the
t `t4f ?f, proposed non-ad valorem assessment program for fire and emergency medical
'q services for the City Of Dania;
City Manager Smith mentioned that the City was receiving aroundRN
$250,000 a year in Minnet funds collected by Broward County. Now that
Broward County is refusing to collect these funds for municipalities,
municipalities establish special assessment programs to fund their EMS ,W
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services.
WORKSHOP MEETING 2 FEBRUARY 20, 1996
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Mark Lawson, Esq., Nabors, Giblin & Nickerson, P.A., explained that the
' Solid Waste, Storm Water & EMS programs are all special assessment
programs which must be fairly apportioned. His firm has tried to establish
a Scope of Services with the same type of pricing structure while
` recognizing the different objectives from each city. He stressed the need
s for professional staff to evaluate the data base from the Property
Appraisers tax rolls so that the information is used effectively. Once the
costs have been incurred to establish the programs, the City will have a
revenue source and a better rate of collection when billed on the tax rolls
-_ �21�1 year .after year.
Mr. Lawson offered to provide the City a $17,000 credit for the data work
already prepared on the Solid Waste Assessment Program towards the a!
EMS Program. Background information was provided on the firms of
GSG and Nabors, Giblin & Nickerson and Mr. Lawson agreed to provide a4`
Y list of the cities that are currently using their services for assessment ,
programs.
I2 (A) Discussion of 1996 Partial Year Solid Waste Service Assessment Ordinance. 1 �,
(Presentation by Nabors, Giblin & Nickerson, P.A.) { ;
x Mr. Lawson mentioned that the City started billing for sanitation services bus
�t `. for the Griffin Road area when the annexation took place in 1991.
Broward County continued to service the area for water. The City `'
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R t`, •;• encountered problems collecting the solid waste which resulted in
'A�, ' y' numerous delinquent accounts. The Partial Year Solid Waste
1996, and will a
Assessment Program begins April 1 through September 30, x
create another collection mechanism. Residents will be given three
'zy� fit months to clear up their delinquent accounts. After the partial year > ;F
assessment, there will be another ordinance provided where the Solidi
a s. •, � Waste will be billed on the County Tax Bill fora better rate of collection.
An evaluation will be made in August on the unpaid accounts so that
those amounts can be rolled over on the next years tax bill. Residents k
are not being charged any more or less for sanitation, the only change is
the method of billing.
� ;x J �' Mr. Lawson recommended to have the EMS coordinated with the Solid
Waste Program so that all of the public hearings can be handled at one
time. The first reading of the Ordinance on the Partial Year Assessment
fi;:; is scheduled for February 27 and March 12 for the second reading.
Between the first and second reading, a draft resolution will be sent
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jai" �Y xtif articulating the areas being assessed. :,
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WORKSHOP MEETING; 3 FEBRUARY 20, 1998
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This meeting was adjourned.
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OR-CO MISSIONER
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CITY CLERK
-AUDITOR
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wORKSHOP MEETING 5 FEBRUARY 20, 1996
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RESOLUTION NO.
A RESOLUTION OF THE CITY OF DANIA, FLORIDA,
APPROVING THE SCOPE OF SERVICES TO BE
PERFORMED BY BERRY & CALVIN, INC. IN
CONNECTION WITH THE PROPOSED STORM WATER
UTILITY SYSTEM FOR THE CITY OF DANIA; AND
PROVIDING FOR AN EFFECTIVE DATE.
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA,
FLORIDA.
Section 1. That the scope of services to be performed by Berry & Calvin, Inc. in f�. yy
4' connection with the proposed Storm Water Utility System for the City, as set forth in }F
Exhibit"A" attached hereto and made a part hereof, be and the same is hereby
/ a approved, including the fee for services in the amount of$32,520.00 plus costs as set �� t r
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Y forth therein. ;
Section 2. That this resolution shall be in force and take effect immediately ,
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ary upon its passage and adoption. �' F
PASSED AND ADOPTED THIS 13th DAY OF FEBRUARY 1996.
fr`, . MAYOR-COMMISSIONER
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ATTEST:
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1a'h�s, CITY CLERK-AUDITOR
APPROVED AS TO FORM AND CORRECTNESS: '4
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� 'Q' �J .Y1.a ,t ' "N',F CITY ATTORNEY RESOLUTION NO. ;" r
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BERRY & CALVIN, INC.
ENGINEERS • SURVEYORS • PLANNERS
February 6, 1996
Mr. Michael Smith
City Manager
City of Dania
`S 100 West Dania Beach Boulevard
Dania, Florida 33004
h' RE: Stormwater Utility Feasibility Analysis i a City of Dania, Florida
B & C No. 96-1507
Dear Mr. Smith: "
We are pleased to submit this proposal for Professional Services on the above referenced project. r> a
lxsn,�" i.. Berry & Calvin, Inc. will work with the City of Dania to develop a Storm Water Utility. The
ax fv firm will perform the following tasks: fr • `ry' F'(x 1,,�1�.Y."� E t Yt
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( ,f- SCOPE OF SERVICES 7777 > >
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Berry & Calvin, Inc. will perform the following services based on our understanding of the +"
project requirements: } r
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F�Lltn+r�r ' I. Professional Civil Engineering Services s` r
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1 A. Compute the impervious area of all residential lots in the City, both developed
and undeveloped. We will utilize photographs and field observation in order to r,
�k? I complete this task. It is estimated that there are 3,800 lots for which to tabulate
and develop an average amount of impervious area,
s vcti B. Compute the impervious area of all the multi-family parcels within the City and f?
1 $ develop an average impervious area for these parcels. It is estimated that there
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ttal"ar , „k + a- are 100 multi family parcels within the City. 4
C. Compute the impervious area of the residential parcels within the City and will t '
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� r , develop an average impervious area for these parcels. It is estimated that there
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are forty (40) parcels within the City non-residential.
that are idl.
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D. Compute the impervious area of the remaining undeveloped parcels wi
thin the
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' a City. It is estimated that there are approximately twenty (20) undeveloped parcels s tis11 AW
t h 'It f to compute.
E. After all of the impervious areas are computed for the various parcels, the values
will be tabulated and the pervious areas will be determined for each type of
HOLLYWOOD 2 Oakwood Boulevard,Suite 120.Hollvv,000 Florida 330201954)921-7781 FAX (954)921.8807 t ;
MIAMI 64013 87th Ave%e,Suite 111_Miami Florda 33173(305)279-62 10 FAX I305)279-6323
WEST PALM BEACH 1ES �,sirahar4.e Sa^e35C =orca3340ti4071335-0052FAXi4C'?3��?0�6
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City of Dania
i B&C DOC:\PROPOSAL\February\96-1507.206
Page 2
February 6, 1996
parcel. Since rainfall runoff and impervious area are directly related, these
values will be utilized to determine an equivalent residential unit (ERU). An
1 average single family residential lot will be one (1)ERU and all other parcels will
be related to this equivalent. An ERU will be determined for each parcel
including single family, multi-family, vacant, and commercial.
F. A Master Drainage Plan for the entire City will be developed which will
it conceptually show what construction would be needed in order to develop a
satisfactory drainage system for the City. Water Management areas will be 1
determined to attenuate flooding, drainage pipes will be preliminarily sized, and
r. structures will be located. Stormwater pump stations will be located as i
necessary. An Engineer's Cost Estimate of the proposed drainage system will be
developed. This Cost Estimate will be divided by the total number of ERUs
within the City to determine a cost per ERU for the construction of the Drainage !
o Improvements.
1 G. Work with the City's Financial Advisor to develop a monthly charge that will
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establish a cash stream to finance the proposed improvements. !Y r
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F ri SCHEDULE OF FEES '
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T Berry & Calvin, Inc. will perform the Scope of Services for an hourly, not to exceed fee as �Wx
shown by the following recap:
d PROPOSED SCHEDULE OF FEES
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1. Professional Civil Engineering Services
Task A - Impervious Area of Residential Lots $ 7,945.00
ft Task B - Impervious Area of Multi-Family Parcels 1,750.00
11 Task C - Impervious Area of Non-Residential Parcels 1,400.00
Task D - Impervious Area of Undeveloped Areas 175.00
6 Task E - Pervious Areas 1,300.00
Task F - Master Drainage Plan 14,500.00
w Task G - Compute Charges & Roil 5,450.00
TOTAL $ 32 520.00 t
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eORS • PLANNERS
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City of Dania
B&C DOC:\PROPOSAL\Februuy196-1507.206
Page 3
F February 6, 1996
ADDITIONAL FEES
Additional services as required by the City of Dania which have not been included in this
a proposal will be addressed in a separate contractual agreement. Professional services required
^ due to changes in the site plan initiated by the client, their representatives or other consultants
y` a (e.g. architects, landscape architects, etc.) after either design or preparation of the construction
drawings has commenced will be billed as Additional Services. `yyi
iI Any outside engineering services, studies, or laboratory testing not specifically mentioned in the
Scope of Services will be the responsibility of the City of Dania. All municipal, permit, and
i agency fees as well as Title Certificates will be paid by the client. ;
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„ r Reimbursable Expenses
' Berry & Calvin, Inc. and its subcontractors will be reimbursed for the printing of drawings andjN t< '
^ ;s ` specifications, deliveries, federal express services, required travel time and travel expenses, long
distance telephone calls, fax transmittals, and postage, as required. Reimbursable expenses will na
'a be invoiced directly to the City of Dania. Nfiry
3,
r CLIENT RESPONSIBILITIES 3,
The Cityof Dania or their representative shall be available to meet with Be & Calvin Inc.
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and provide decisions in a timely manner throughout the course of the project. The City of
Dania will provide Berry & Calvin, Inc. with plans and other pertinent information which may
be necessary to properly survey or engineer the site.
„
*af 'us x �• TERMS OF AGREEMENT
The terms of the Agreement shall be valid for the client's acceptance for a period of thirty (30)
days from the date of execution by Berry & Calvin, Inc. after which time this contract offer
'C becomes null and void if not accepted formally (evidenced by receipt of an executed copy of this
document). All rates and fees quoted in this document shall be effective for a period of six (6)
A( months, after which time they may be renegotiated with the City of Dania.
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All original documents shall be retained b Be & Calvin Inc. and will remain theirproperty.
Y Berry
This information is proprietary and will not be shared with others without prior written consent. "
The City of Dania may request reproducible copies of all original documents upon payment of t
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BERRY & CALVIN, INC.
ENGINEERS • SURVEYORS • PLANNERS
BERRY & CALVIN, INC.
�. PROFESSIONAL FEE SCHEDULE
I35.00
Principal,President/Executive Vice President
50.00
Special Projects Researcher
45.00
Executive Assistant
TRANSPORTATION
I'f ENGINEERING
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Associate, Engineering 105.00 Associate, Transportation
Transportation Engineer 85.00
Director 90.00 Chief Transp 8
Senior Registered Engineer
80.00 > Transportation Engineer 65.00
Transportation Analyst 50.00
70.00 ranspor
A Environmental Permitting
42 f'
Project Engineer 60.00 Transportation Technician 35.00 f, n
50.00 Administrative Assistant 45.00
Engineer ' c1
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35.00'
Permit Administrator 45.00 Cler cal
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Senior Design Technician 45.00
35.00
Design Technician
51 x 35.00 CONSTRUCTION '
Clerical rY;ti`
ii Associate, Construction 1�•�'
,b SURVEYING f"'"
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85.00 Inspector 50.00 d v`
� Associate, Surveying 4.L
„i tctiy i s• "•- "�- SzniorRegisteredSurveyor 65.00 S
4 q 1 Computer Calculation Technician 50.00 PLATTING ,d
Survey Crew Supervisor 45.00 Associate, Platting 70.00
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t ' ': Field Crew (3 man)
85.00 Assistant Director 50.00
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45.00 Com uter Calculation Technician 50.00
Senior Design Technician p
Design Technician
35.00 Senior Design Technician 45.00
v�' •�fr 35.00Clerical
Clerical 35.00
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EXPERT WITNESS
200.00 PLANNING CONSUL
Principal/Associate 100.00
Chief/Senior Engineer
175.00 Hourly As Needed
85.00
,}} / Transportation Engineer
„tirwx r, nn: In addition to the hourly rates listed above, charges will include direct ouaojpocker expenses such as `
reproduction, overnight mail, and other reimbursables billed at a multiplier of 1.25.
4 ,
HOLLYWOOD 2 0akwood Boulevard.Suite 120,Hollywood.Florida 33020(954)92t 7781 FAX j95a1921•E607
MIAMI 6u01 S.W 87Ih Avenue.Suite 111.Miami,Florida 33173(305)2792'0 FAX f3051279 6323 ;
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WEST PALM BEACH 450 S Australian Ave..Suite 350 Vest Palr Beat ua 33 31 I'C 1 S35.052 FaY B�1e t e=We October 25. 1994 1 �"
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RESOLUTION NO.
« A RESOLUTION OF THE CITY OF DANIA, FLORIDA,
APPROVING THE SPECIALIZED SERVICES
AGREEMENT BETWEEN THE CITY OF DANIA AND THE
FIRM OF GOVERNMENT SYSTEMS GROUP, L.C.
("GSG") AND DAVID M. GRIFFITH & ASSOCIATES, LTD.
("DMG") IN CONNECTION WITH THE PROPOSED NON-
;.' ADVALOREM ASSESSMENT PROGRAM FOR FIRE AND
EMERGENCY MEDICAL SERVICES FOR THE CITY OF
DANIA; AND PROVIDING FOR AN EFFECTIVE DATE.
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA,
FLORIDA. ' "
Fr Section 1, That the Specialized Services Agreement between the City Of Dania
' and the firm of Government Systems Group, L.C. ("GSG") and David M. Griffith & ,
Associates, Ltd. ("DMG") in connection with the proposed Non-Advalorem Assessment
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Program for Fire and Emergency Medical Services far the City Of Dania; as set forth in
j Exhibit"A" attached hereto and made a part hereof, be and the same is hereby
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approved, including the fee for services in the amount of$75,425.00.
'`♦R, £"z:'¢ Section 2, That this resolution shall be in force and take effect immediately
upon its passage and adoption.
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PASSED AND ADOPTED THIS 13th DAY OF FEBRUARY, 1996. w
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MAYOR-COMMISSIONER
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ATTEST:
CITY CLERK-AUDITOR
AS TO FORM AND CORRECTNESS:
APPROVED
'` 5 (➢ RESOLUTION NO. fi 1I t i;
CITY ATTORNEY
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SPECIALIZED SERVICES AGREEMENT
This Specialized Services Agreement is entered into this day of
1996, between the City Commission of the City of Dania, Florida (the "City") and the firms
of Government Systems Group, L.C. ("GSG") and David M. Griffith & Associates, Ltd.
("DMG"), collectively referred to as the "Firms", to provide for specialized services to
develop and implement a non-ad valorem assessment program for fire and emergency
medical services ("fire/rescue services") for the City.
WHEREAS, the City is contemplating the utilization of a non-ad valorem
x; c; assessment program for funding the costs of the fire/rescue services for Fiscal Year 1996-
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97; ,
WHEREAS, GSG and DMG possess the expertise necessary in the development r 1
a and implementation of non ad valorem assessment programs for funding the cost of
fire/rescue services provided by local governments; and
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In recognition of such acknowledgments, the parties hereto agree as follows:
SECTION 1. SCOPE OF SERVICES. The Firms will develop an alternative funding _ i p u z
mechanism for fire/rescue services based on the public policy established by the City. The "_ l
Firms will employ the use of Nabors, Giblin & Nickerson, P.A. ("NG&N") as assessment
analysts to develop legal documentation and provide legal analysis and guidance. The
Firms will ensure the timely performance of the tasks contemplated in the scope of services p `
t listed in the attached "Appendix A" in accomplishing the following:
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a ?� Determination of assessment revenue requirements and identification of all other s
non-assessment revenues within the fire/rescue services program of the City;
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• Provision of implementation services aimed at developing a legally defensible
method of apportionment conducive to use with the City s ad valorem tax roll data
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base;
Development of the implementation documentation for the annual collection method °
} 4 which is consistent with case law and statutory requirements; and
Development of an assessment roll conducive to collecting the annual assessments
capable of being efficiently updated and used in subsequent years.
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, i,r 44 It is understood by the City that the completion of such scope of services shall result in the
production of an assessment roll for the agreed upon fire/rescue services on compatible
electronic media as required in section 197.3632, Florida Statutes, for incorporation on the
u ad valorem tax statement mailed for Fiscal Year 1996-97. r e
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SECTION 2. PROJECT DELIVERABLES. The Firms will provide or cause the City
to be provided with the following documents and data as part of its scope of services in
accordance with the schedule in the attached "Appendix B":
• An Assessment Report which provides: (a)the assessment cost calculations; (b)the
description of the apportionment methodology; (c) a legal sufficiency review; and (d)
an implementation schedule; and
• A home-rule service assessment ordinance and all requisite implementing
yu resolutions for the annual assessment program;
P The statutorily required notice and billing documentation required for utilization of r
the tax bill collection method for the annual assessment program;
r Billing algorithms necessary to calculate fire/rescue assessments pursuant to the
approved methodology;
x The final fire/rescue assessment rates; and
An assessment roll in an electronic format capable of merging with the Broward
^ County real property assessment roll in conformity with the requirements of rt 4
y' utilization of the tax bill collection method for Fiscal Year 1996-97. ti
z SECTION 3, COMPENSATION AND BILLING. The City shall pay the Firms a lump r
' sum of$75,425 for professional fees and expenses on a percent complete basis pursuant` w to the schedule in "Appendix B" and based on the hours and fees matrix provided as
"Appendix C". GSG shall provide periodic statements for professional fees and expenses G'z'
to the City pursuant to the schedule in "Appendix B." The City shall make payments to �_,�
t k tl` F GSG for such fees and expenses. GSG shall have the responsibility for the payment of d
}+ ' fees and/or expenses incurred by GSG, DMG and NG&N for this project. r6
SECTION 4. TERMINATION. GSG and DMG shall serve at the pleasure of the
City. In the event of termination of this Agreement by the City, the City shall pay for it
professional services rendered and expenses incurred on a percent complete basis
j pursuant to the fee schedule in "Appendix B." ,
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T x' APPENDIX A
SCOPE OF SERVICES "
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City of Dania
Assessment Program for Fire/Rescue Services
Scope of Services
1) Evaluate the City's existing legal documents, ad valorem tax roll information, fire call
,4r data, agreements, reports and other data pertaining to the provision of fire/rescue
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services.
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s 2) Prepare the necessary notice of intent resolutions to use the tax bill collection
method and ensure appropriate advertisement of the public hearing to adopt the
notice of intent resolution for the assessment program.
3) Identify the full cost of the fire/rescue service delivery using the City's most current
financial information including direct and indirect costs and identify service delivery �h
a issues which may affect the apportionment methodology. Identify the alternative
sources of revenue to fund the service delivery costs and determine the net serviceiy+ i
delivery revenue requirements. v �
w 4) Develop a method of apportionment, classification of properties and the use of the
data on the ad valorem roll. Review the assessment methodology for legal
} sufficiency and compatibility with the tax bill collection method.Y P tY
< z 5) Advise the City in determining the total fire/rescue assessment revenue
requirements to ensure the City recovers the costs of. (a) net fire/rescue service F
delivery revenue requirements, (b) implementation of the program and (c) collection ;
of the assessments. 4
>; y} �Fw'ti• i 6) Create an assessment roll database using the City's most recent ad valorem tax h
a w f roll. Test the sufficiency of the database by developing reports to access property `
t� T use information.
7) Apply apportionment methodology to assessment roll database to test the data
validity and legal sufficiency. Revise the apportionment methodology, as necessary. r
8) Calculate a proforma schedule of rates based on the apportionment methodology
and revenue requirements for the assessment program.
9) Draft a home-rule service assessment ordinance which provides the Ci with the
� 't'v ° P ty
y Mf1 * 1s,19, flexibility to impose and collect assessments using the tax bill collection method.
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Annual Updates
On a recurring basis, GSG will also be available to assist the City in the annual
update of the fire/rescue assessment program for a fee to be determined upon completion
of this project. Such annual update assistance would include assisting in the revisions to
the assessment roll to correlate with changes to the ad valorem tax roll, facilitating the
public notice requirements of the tax bill collection method including notice to property
owners with property use changes, and monitoring of the apportionment methodology to
ensure continued defensibility.
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APPENDIX B
DELIVERABLES AND PAYMENT SCHEDULE
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FIRE/RESCUE ASSESSMENT PROGRAM
DELIVERABLES AND PAYMENT SCHEDULES
Deliverable Schedule Payment Schedule
Notice of Intent Documents by November 15, 1996 No payment
,j
Draft Assessment Report February-April 1996 50%of total lump sum fee
Proforma Assessment Rates February-April 1996
mt. Comments from CityCq
,. -
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% February-Apri11996
(within 20 days of draft submittal) ;
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'r Final Assessment Report May 1996 10%of total lump sum fee
(within 10 days of comments)
--------------------- kN-
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Draft Assessment Ordinance March - May 1996 No payment
J
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�y Comments from City ,
= March -May 1996 �
I
(within 20 days of draft submittal)
Final Assessment Ordinance May -June 1996 10% of total lump sum fee � r
^. (within 10 days of comments) 8
J Initial Assessment Resolution June -July 1996 10% of total lump sum fee
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" ? First Class Notices June -August 1996
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Published Notice June -August 1996
s p sM Preliminary Assessment Roll June - August 1996
^3 S Final Assessment Resolution July -August 1996 10% of total lump sum feet ;
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�Y,i ,a, Final Assessment Rates July -August 1996 � , �r K�s`i ;z�,^
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Certified Assessment Roll by September 15, 1996 10% of total lump sum fee ' x j" a
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APPENDIX C
* HOURS AND FEES MATRIX
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DANIA
FIREIRESCUE ASSESSMENT
HOURS AND FEES MATRIX
TASKS Total Hours Total Fees
Task 1 -Evaluate dataireports;research Issues
` Management Systems Analyst 10i $1,000
Assessment Analyst 6' $900
Revenue Analyst 8. $720
Task Total 24• $2,620
Task 2-Prepare intent documents for FY 1996.97
Management Systems Analyst 2 _ NIC
AssessmentAnafyst 4 NIC
1 Revenue Analyst 0' NIC
nr Task Total 6 $0
Task 3 -Identify full cost of service;functionalize costs L
Management Systems Analyst 10, $1,000 � x
Assessment Analyst 8 $1,200
{pi y Revenue Analyst 96 $8,640 :
[zr Task Total 114• $10,840
e} Task 4-Develop apportionment method/data approach
1
Management Systems Analyst
Assessment Analyst 32. $4,800
r Revenue Analyst 16 $1,440 t y
l` Task Total 801 $9,440 '
Task 5-Determine preliminary revenue requirements r i.
Management Systems Analyst 8 5800
Assessment Analyst 2 5300 ,
Revenue Analyst 40. $3,600 `
c,
Task Total 50 $4,700
�tvr Task 6-Develop assessment roll database
1`r Management Systems Analyst —80 _ $8,000 „Nw
+zR Assessment Analyst 2 $300 a
,+ arty Revenue Analyst __8 _ $720
Task Total 90 $9,020 GM r
Task 7-Apply apportionment methodology to assessment roll databases
Management Systems Analyst 40 $4,000
1 Assessment Analyst 16- $2,400
e i Revenue Analyst 0. $O
Task Total
e t, ...... as 8-Calculate preliminary profonna assessment rates _
Management Systems Analyst 16 _ $1,600
Assessment Analyst 4 $600
r Revenue Analyst _. 16;
r Task Total 36 $3.640
5 �
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DANIA
FIRE/RESCUE ASSESSMENT
HOURS AND FEES MATRIX
TASKS Total Hours Total Fees
Task 9-Draft and edit assessment ordinance
' Management Systems Analyst 16: $1,600
Assessment Analyst 36: $5,400
Revenue Analyst 0 $0
Task Total 52'. $7,000
Task 10-Update assessment roll database
Management Systems Analyst 20 $2,000
Assessment Analyst 0 s0
Revenue Analyst 0. $0
Task Total 201 $2,000
c
Task 11 -Calculate final assessment rates k
• Management Systems Analyst 32: $3,200
Assessment Analyst 4• $600 t
Revenue Analyst 8 $720v,
4 Task Total 44, $4,520 n ,�
Task 12-Draftledit initial assessment resolution 7
Management Systems Analyst 12: $1,200 4 1
Assessment Analyst 3Z $4,800 X
F_ Revenue Analyst 0 $0 ` �I
t
" Task Total 441 $6,000
k � Task 13-Develop billing system capable of merging with tax roll
r" r Management Systems Analyst 20 _$2,000 y ;
Assessment Analyst 0 $0 j ,;-,
1 , ° Revenue Analyst 0 $0 r - `
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a , Task Total 20' $2,000
Task 14-DrafUedit final assessment resolution
Management Systems Analyst 4. $400
Assessment Analyst 18 $2,700 ,..
r Revenue Analyst 0 $0 '
— -----'-- -- T ii
Task Total 22: $3,100
Task 15•Assist with rate adoption process in conformance with UACA "
} {}t Management Systems Analyst 20 $2,000 ,
Y q Assessment Analyst 6' $900
- Revenue Analyst 8 $720
' Task Total 341 $3,620
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Total Management Systems Analyst 322 $32,000
Total Assessment Analyst _ 170 $24.900
RVA
i der Total Revenue Analyst 200 $18,000
rY iaf+; `l Professional Fees 692' $74,900
K�'. Expenses $11,235 ,
TOTAL LUMPSUMFEE $86,135
REDUCTION ---
510,710 , it
REDUCED LUMP SUM FEE
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>^ DAVID M.GRIFFITH &ASSOCIATES.LTD.
Professional Services for the Public Sector
1621 Metropolitan Boulevard,Suite 201
Tallahassee.Florida 32308
D M G 904.386.1101 Fax:904.386.3599
January 17, 1996
VIA FEDERAL EXPRESS
Marie J. Jabalee
au City Clerk
i 'D City of Dania
100 W. Dania Beach Boulevard
Dania,Florida 33004
M Re: Proposed Work Plan and Fee Schedule for the Development and Implementation of 7f;
p a Non-Ad Valorem Assessment for Fire/Rescue Services ,
i
Dear Marie: 6. 4
z `i This correspondence is written to present a work plan for Government Systems Group,L.C. MJ
,' .. ("GSG")and David M. Griffith&Associates,Ltd.("DMG")to provide specialized assistance to the 4
City of Dania (the "City"), its staff and City Attorney in the implementation of anon-ad valorem 7r '
assessment program for fire/rescue services within the City for Fiscal Year 1996-97. This work plan F f
:. . <<_
provides a comprehensive approach to the development of the assessment program beginning with
the adoption of the resolution of intent through the certification of the assessment roll in September 1
1996. This work plan also reflects the additional services and significant economy of scale {t h
reductions to the original proposed fee provided to the other cities in Browazd County due to our
4 PJF1f rJ2H
recent discussions with representatives of many of the cities and our commitment to provide our a
n rL�r4�
;Yx r clients with the best available product at an economical cost.
}" <' As you know, GSG is a firm that provides management consulting services to local
tft�b'
governments utilizing computer based technology and process oriented analysis. GSG is an
n, �� , ` affiliated company created and partially owned by Nabors, Giblin& Nickerson, P.A. ("NG&N"),
Fk,a♦�� t '' a law firm dedicated to the representation of local governments on issues of finance and taxation. '
Y�yS y,A
z� As representatives of GSG, members of NG&N will review the assessment apportionment
methodology and deliverables to ensure they meet the legal sufficiency tests required in Florida for
a valid special assessment and to ensure compliance with the legal requirements of the tax bill
method of collection. DMG is a national consulting firm that works with public sector agencies in
+ + � ement and service delivery issues. DM
the field of cost managG has also been involved in providing
s
� f, 7 similar services to twelve cities within Broward County,many of which involved fire and emergency
�t�h7��A 4 Yti
k�Nk 0,rt medical service delivery issues,costs and revenue analyses.
syu >r „' yry Our experience has taught us that specialized assistance to existing City staff resources willIF
��
be needed to develop and implement an efficient and legally defensible assessment program. e ,.0 l E 1�,� 4
�'�
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Marie J.Jabalee
January 17, 1996
Page 3
The proposed work plan is designed to develop the following deliverables during this project:
• An Assessment Report which provides (a) the assessment cost calculations, (b) the
description of the apportionment methodology, (c) a legal sufficiency review, and (d) an
s" implementation schedule; and
C�r
^ A home-rule service assessment ordinance and all requisite implementing resolutions for the
;y annual assessment program; ]
• The statutorily required notice and billing documentation required for utilization of the tax
bill collection method for the annual assessment program; Ark R
t 1
j Billing algorithms necessary to calculate fire/rescue assessments pursuant to the approved
methodology
The final fire/rescue assessment rates; d
An assessment roll in an electronic format capable of merging with the Broward County realAK
property assessment roll in conformity with the requirements of utilization of the tax billy *',k
collection method for Fiscal Year 1996 97. 4 ti t
The work plan reflects all of the tasks necessary to collect the assessments via the tax bill
wr
collection method. The work plan includes a fire services user fee analysis at no extra charge. Such
K � ? fire services user fee analysis was not contemplated in the original work plan provided to the other
cities. The fire services user fee analysis will assist the City in the determination and identification
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+ r+ ° of additional non-ad valorem revenues thus reducing the net revenues to be funded by the assessmentw
L program. The work plan is based on the assumptions that the City will provide the necessary budget y`
background information and fire/rescue call data required to develop an assessment methodology. x •�
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under a lump sum fee.., will work and
s. s For services provided by both GSG and DMG, we p
arrangement described in the attached scope of services and receive payment on a percent completed
41,KIN III,
basis. After meeting with many of the cities, we are confident that our proposal will result in an
engagement with several cities on a concurrent basis and are willing to pass the expected economy +
. � on to our clients. To that end,the proposed lump sum fee for this engagement is $75,425 including
expenses" A lump sum method of compensation eliminates any uncertainty in the total fee and the i
percent completed basis allows the City to decide at points throughout the process whether to
� {Mr is continue with the development of the fire/rescue assessments. The lump sum fee includes x
professional services and reimbursement of costs incurred. Such costs include photocopies, long a^
distance telephone charges,overnight delivery services and travel expenses. The lump sum fee does
not include the costs of producing and mailing of the statutorily required first class notices. This
1
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4 � ,
NABORS, GIBLIN S NICKERSON, P.A.
ATTORNEYS AT LAW
/ BARNETT BANK BUILDING, SUITE Sao
3I5 SOUTH CALHOUN STREET
TALLAHASSEE. FLORIDA 32301
SARAN M. BIEAKLEY TELEPHONE (904) 224.4070
WARREN S. BLOOM TELECOPY (904) 224.4073
HARRY F. CHILES
f
MAUREEN MCCARTHY DAUGHTON THE POINTE.SUITE IOgo
VIR0I NIA SAUNDERS DELEOAL 2e02 ROCKY POINT DRIVE
NIMBERLY L. FRAN NLIN TAMPA, FLORIDA 33e07
L THOMAS GISLIN
lam zu•::za
MARK O. UWSON
TELECOPY Igl]I 291.0129
STEVCN E. MILLER
MARK T. MUSTIAN SIGNATURE PLAZA,SUITE logo
ROBERT L NABORS
201 SOUTH ORANGE AVENUE
ti GEORGE H. NICKERSON. JR. ORLAN00. FLORIDA izeOl
f de STEM T. SLIOER -
I � GREGORY T. STEWART I4071 426.7595
JOHN R. STOKES TELECOPY(407)aaa•s02a
v� January 18, 1996
WILLIAM D. TYLER
° MICHAEL L. WATKINS
JEAN E. wlLsoH VIA FACSIMILE TRANSMISSION Jl
AND II. S. MAIL
Marie J. Jabalee
' City Clerk
k
City of Dania
` k 100 W. Dania Beach Boulevard
„ e.` Dania, Florida 33004 ! �,;�
l` Re : Fee Adjustment; Solid Waste Assessment Program
�+i rot
Dear Marie: , +
Last fall when we met with you and negotiated the fee� � ' , > � Y g ts�"1
kl{ arrangement to develop a special assessment program to address
-y", shortfalls in your solid waste revenues, we represented to you and =
the City Commissioners of Dania (the "City") in a workshop setting Yutf
that we would reduce our fees in the event that the City also
� 'rutfi availed itself of our services relative to other assessment it
programs.
IT
We have now begun to analyze the data which comprises the ad
+ valorem tax roll for the City of Dania relative to the solid waste4
assessment program. As well, David M. Griffith & Associates
s _ (IIDMGII) , Government Systems Group, L.P. ('IGSGII) and Nabors Giblin
Nickerson, P.A. ("NG&NII) have collectively developed and
negotiated a series of similar proposals to various cities in [
, $ ,� rz� Broward County addressing fire/rescue assessment programs. As you
r4_ gal} know, GSG is an affiliated company created and partially owned by
NG&N for the purposes of providing specialized management
y, gar x consulting and implementation services to local
g P governments
utilizing computer based technology and process oriented analysis.
It now appears to us that several of the cities will retain our !
project team to develop several fire/rescue assessment programs on
a concurrent basis. Toward that end, Camille Gianatasio of GSG and
r Robert Sheets of DMG recently provided you with a proposal for rP"
ga�'i;,y3 fire/rescue services that represents such economies of scale. Opt ;,a1
S(-<�3. +} Yt ijax�Y
ro
At this juncture it appears that, should the City seek to fund
its fire/rescue budget through special assessments, there is a
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NABORS, GIBLIN & NICKERSON, P.A.
ATTORNEYS AT LAW
BARNETT BANK BUILDING. SUITE 000
315 SOUTF CALHOUN STREET
TALLAHASSEE, FLORIDA 32301
SARAN M. BLEAKLEY TELEPHONE (904) 224-4070
_ WARREN S. BLOOM TELECOPY 1904) 224'4073
THE POINTE.SUITE I080
HARRY F. CHILES
2802 ROCKY POINT DRIVE
MAUREEN MCCAATHY DAUGMTON
VIRGINIA SAUNDERS DELEGAL TAM PA. FLORIDA 33807
KIMBER LY L. FRANKLIN (813) 281.2222
- L. THOMAS GIBLIN TELECOPY 1013) 201.0128
MARK G. LAWSON
STEVEN E. MILLER SIGNATURE PLAZA.SUITE 1060
MARK T. MUSTIAN 201 SOUTH ORANGE AVENUE
r ROBERT L. NASORS February 19, 1996 ORLANDO. FLORIDA 3LS01
GEORGE N. NICKERSON. JR. µ071 4i84895
STEM T. SLIGER
TELECOPY 1407)4286022
GREGORY T. STEWART
' tTi JOHN R. STOKES ..
WILLIAM D. TYLER 1
rryry,•. MICHAEL L. WATKINS VIA FACSIMILE TRANSMI SSION AND FEDERAL EXPRESS
p r.' JEAN E. WILSON 11.
i 1 �
1
' Marie J. Jabalee 1
City Clerk
City of Dania 1
100 W. Dania Beach Boulevard
({' Dania, Florida 33004
Lry yry tut
lzy1111 Re: 1996 Partial Year Solid Waste Service Assessment
h,
Ordinance
!`!
Dear Marie: "
t At the meeting on February 27, 1996, it is expected that the
City Commission will conduct the first reading of the enclosed 1996
v Partial Year Solid Service Assessment Ordinance (the "Partial Year
S
Ordinance") establishing the process for imposing and collecting a
solid waste service assessment for the period April 1, are through
September 30, 1996 within the most recently annexed area of the
City. A subsequent ordinance to be considered and adopted in late rr
May or early June, will authorize the collection on the tax bill of rz
such assessments for the period of October 1, 1996 through t
September 30, 1997, and each fiscal year thereafter. This
correspondence focuses upon and briefly summarizes the proposed
Partial Year Ordinance.
I The proposed Partial Year Ordinance, which we anticipate being
7 provides procedures for the City
� r1 adopted on March 12, 1996, p
Commission to impose and collect the partial year solid waste
service assessments . The procedures for imposing and collecting
established in the
the assessment, as Partial Year Ordinance,
t51` fi requires a multiple step process. As we have discussed previously,
the amount of detailed work and timing required involve a
substantial amount of advance preparation in order to position the
y4I'1 f 1 G l
City to move through the implementation process .
�, 'k"�d' -r3�•ttvr=a���,� p-„�,-rid!'
s 1. �ur3' P.iuej ,"x K
-77
y'�k t(r��•„r )��� s �
�xe.�Y7 ,ii
16n, ty 1 Ya+'4.4�Y*gj( M'LY T,
ttiw rr v � r.."
N
Marie J. Jabalee
February 19, 1996
Page 2
The first step is the Commission ' s consideration of the
Initial Assessment Resolution. The Initial Assessment Resolution
will contain a brief and general description of the solid waste
collection and disposal services or programs to be provided, '
describe the method of apportioning the solid waste service costs
and the computation of the assessment rate,2 direct the City Clerk
to prepare an initial assessment roll' and publish the notice of
the Commission' s consideration of the solid waste assessment." We
expect that the City Commission will consider and adopt the Initial ^d
Assessment Resolution on March 12, along with the adoption of the
f Partial Year Ordinance.
a
The second step in the process is the preparation of the 1
initial assessment roll. As discussed previously, this process
will be conducted by Government Systems Group, L.C. ( "GSG") who )
will merge the information maintained by the City' s utility billing 1
system and the information included on the Broward County ad
valorem tax roll to prepare the assessment roll.5 We anticipate
We are working on the Initial Assessment Resolution now.
9 is I
As a result of the workshop, discussion with City staff and the j
City's solid waste contractor this week, we expect a first draft {
4 of the Initial Assessment Resolution to be finished and
rti distributed in early March.
Solid waste service costs are essentially that portion of
4 the City' s budget that will be recovered through the assessment.
t1.i; , The allocation of such amount to affected property owners will be
" based upon the number of residential dwelling units posted to
each parcel on the ad valorem tax roll.
a�3Government Systems Group, L.C. ("GSG") has been working on
the assessment roll with the assistance of City staff since
L December so this task
y , at this point, can be accomplished
quickly.
l
"We will provide the City with a draft of the published
4 notice by March 8, 1996. Notice must be published by March 15,
1996, in order to meet the timing requirements set forth in the
Partial Year Ordinance to adopt the Partial Year Assessment
Resolution on March 26, 1996.
5GSG will be meeting with City staff this week to finish the
analysis and assimilate the delinquent billing data onto the
S 4,ti ate r
4 �
S AA
s xr
1� �jyC� f
♦ act �����,' -- - F,rM1,d r � tl��
4
p5 J 91d+
y ` 4 G
�v
r
r
rA.
Marie J. Jabalee
February 19, 1996
Page 4 ;
. assessment. We anticipate the Commission will adopt the Partial
s Year Assessment Resolution on March 26, following the public
hearing. The Partial Year Assessment Resolution will confirm the
} ' Initial Assessment Resolution, set the rate of assessment to be
¢ imposed, approve the inclusion of any unpaid or delinquent fees or
ki
charges due the City, and approve the initial assessment roll, with
.' any corrections or modifications.
The final step in the partial year assessment� . Y process, after
adoption of the Partial Year Assessment Resolution, is the mailing vi ,
of the bills by first class mail to each property owner shown on ' ? t
the assessment roll . This task will be performe.l by GSG. The bill T
or accompanying explanatory material will include the following r
information: } r
' > a brief explanation of the Partial Year Solid Waste Service ,
{
Assessment and the period covered by the assessment f
„ ` • the unit of measurement to be applied against each parcel to
.' determine the assessment (i.e. , residential dwelling unit)
r
the number of units contained within each parcel y
(r}
h ,,rt the amount of any unpaid or delinquent fees or charges due the >; r
City for solid waste management and disposal services or °*
facilities a�
the total amount of the Partial Year Solid Waste Servicep
Assessment to be levied against each parcel
notice that the Partial Year Solid Waste Service Assessment
}� `4 constitutes a lien against such g property equal in rank and
dignity with the liens of all state, county, district and
municipal taxes and special assessments for the current year ^ , ,
-
;: a statement identifying the date or dates the Partial Year
V,54r etc, is Solid Waste Service Assessment is due and payable, and
h
c,F "n t
x � * the location at which payment will be accepted
41 — 4ny a} a
At the workshop on February 20, we will provide and discuss k'
S ' with the City Commission a sample bill and draft public information ':
brochure.
Please remember the Partial Year Ordinance and Partial Year
Solid Waste Service Assessment are a one time interim measure which
r
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s a4� Pad ��r Ui. .� r •', . .. � . ^r n g..i' iti.,i...�, ,"
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Marie J. Jabalee
$ February 19, 1996
Page 5
t� r
will transition the collection of solid waste revenue from direct
y billing to a one time assessment collected separate from ad valorem xt `
s n:
taxes (for the period of April 1 to September 30, 1996) and then
again to a recurring annual assessment collected on the same bill
as ad valorem taxes in November (for the period of October 1, 1996
through September 30, 1997, and each fiscal year thereafter) . An
important feature of the Partial Year Ordinance is that it provides
that any existing lien for unpaid or delinquent fees or charges now
due the City will be supplanted by the lien resulting from #
including the unpaid or delinquent fees and charges in the amount
< of the Partial Year Solid Waste Service Assessment. The Partial
z Year Ordinance also provides that any delinquent Partial Year Solid
s „G Waste Service Assessment may be collected next fall on the tax bill �v7�
in lieu of foreclosure. As we discussed with you and the City
Commission in November, we are not aware of statutory or case law
which preclude this process. We view this as an aggressive use of oa I
the City' s home rule powers to efficiently collect revenues
x. advanced for solid waste services that have specifically benefited ,' ;
the affected parcels being assessed. ' Ut
A
P Also, we agree that notifying the real estate community (e.g. ,
mortgage lenders, title companies and Realtors) is important. Wery= s r '
believe the most effective way to accomplish this is to provide in
the Partial Year Ordinance that a general notice of the lien
" resulting from the imposition of the Partial Year Solid Waste
1 Service Assessment is to be recorded in the Official Records of the r
County. However, we have specifically noted that such a general
not
ice does not require release q to be obtained
or subs
equently
ue n
filed of record. q tly
K
Finally, we have not included any hardship provision in this
draft, but will be prepared to address and discuss the consequences
�r and procedures to deal with this issue at the workshop. We look •
forward to addressing the Partial Year Ordinance, the schedule of
rat t events as prescribed by the Partial Year Ordinance (also enclosed) ,
,A ;! as well as the general process for addressing the second phase of ° .
Pw
Depending upon the data available to trace and match ;, ;,
wr "a
unpaid accounts to the parcel identification numbers on the
fly 9,+u tiR,:
Property Appraiser' s data base and the nature and quality of the s%
b , liens previously imposed for unpaid solid waste services by the
City, we expect to eliminate from the Partial Year Solid WasteS�,kk `
Service Assessment any amounts not allocable to specific parcels
or otherwise subject to a statute of limitations defense. �1
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Marie J. Jabalee 4
February 19, 1996,V
w,4 Page 6 .
vt �ak �E,zJ this project (the recurring annual assessment to be imposed in
June) at the workshop scheduled for February 20, 1996.
Y
If you, other City staff, or members of the Commission have
ai any questions about the process for imposing and collecting of the
partial year solid waste service assessment, please do not hesitate
to raise these questions at the workshop so they can be addressed.
If there are additional questions or concerns that arise after or
9 ` J as a result of the workshop, either Camille Gianatasio or myself
4 will be available in person for the City Commission ' s February 27
ra
meeting, as well as by telephone at any time.
Sincerely,
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Mark G. Lawson
MGL/sib
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s Enclosure
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cc: Michael Smith
a
Frank Adler i +s
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$ �,yR.��y�s tWi RL�{��y � e. l .YY r�FA:y�r�,���Ty�°Vp� ��♦� sa tip:.
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P i
;1 TABLE OF CONTENTS
PAGE yt
ARTICLE I
INTRODUCTION '
41
SECTION 1 . 01 . DEFINITIONS
. 1
a n SECTION 1 . 02 . INTERPRETATION . 10
SECTION 1 . 03 . FINDINGS . 10
e f w
+ '4F1IS i.�F 1 i
ARTICLE II
PARTIAL YEAR SOLID WASTE SERVICE ASSESSMENTS
SECTION 2 . 01 . GENERAL AUTHORITY
15
SECTION 2 . 02 . INITIAL PROCEEDINGS 16
i SECTION 2 . 03 . INITIAL ASSESSMENT ROLL 17 `r4;
SECTION 2 . 04 .04 NOT
ICE TICE BY PUBLICATION < <:
17
SECTION 2 . 05 . ADOPTION OF PARTIAL YEAR ASSESSMENT 'x�+
" RESOLUTION . 18
SECTION 2 . 06 . EFFECT OF PARTIAL YEAR ASSESSMENT RESOLUTION 19 ietgr, °
SECTION 2 . 07. LIEN OF SOLID WASTE SERVICE ASSESSMENTS 20a
SECTION 2 . 08 . REVISIONS TO PARTIAL YEAR SOLID
3yW
WASTE SERVICE� ASSESSMENTS . 21 `,'M1 Y4 r
SECTION 2 . 09 . PROCEDURAL IRREGULARITIES
iiit{ yy{ 21 ? `
� R SECTION 2 . 10 . CORRECTION OF ERRORS AND OMISSIONS . . 22
ARTICLE III `k
w }d,
i COLLECTION OF �ip�� ''
PARTIAL YEAR SOLID WASTE SERVICE ASSESSMENTSAl
Nh � rSa'
SECTION 3 . 01 . METHOD OF COLLECTION 25
i� SECTION 3 . 02 . RESPONSIBILITY FOR ENFORCEMENT 28
ki
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7Z 77""
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ORDINANCE NO. 96-
AN ORDINANCE RELATING TO THE COLLECTION AND
k DISPOSAL OF SOLID WASTE IN THE CITY OF DANIA,
FLORIDA; AUTHORIZING THE IMPOSITION AND
' COLLECTION OF PARTIAL YEAR SOLID WASTE SERVICE
ASSESSMENTS IN 1996 AGAINST CERTAIN IMPROVED
RESIDENTIAL PROPERTY WITHIN THE INCORPORATED �n
� I AREAS OF THE CITY; SETTING FORTH THE
PROCEDURES FOR IMPOSING PARTIAL YEAR SOLID < ,
WASTE SERVICE ASSESSMENTS FOR THE PERIOD OF
Ciw APRIL 1, 1996 THROUGH SEPTEMBER 30, 1996;
nt
PROVIDING FOR COLLECTION OF PARTIAL YEAR SOLIDu4,� a
WASTE SERVICE ASSESSMENTS; AND PROVIDING AN
f EFFECTIVE DATE, s ` `NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
�
CITY OF DANIA, FLORIDA: `
r
ARTICLE I 1
'k x' y
` y- INTRODUCTION `K"
x 4.
SECTION 1.01. DEFINITIONS . As used in this Ordinance, the
sitw
following words and terms shall have the following meanings, unless
1 the context clearly otherwise requires :
d $..
"Apartment" means a rental Dwelling Unit located within the
.•n same Building as other Dwelling Units .
+Y
4
"Assessment Period" means the period of April 1, 1996 toil+`Fr' Y�
C
I tIS�Ff ER,',1 ,
September 30, 1996, inclusive .
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a disposal or use. The term includes uncontaminated concrete,
k� including embedded� ' - <3 pipe or steel, brick, glass, and ceramics.
"Commercial Collection Service" means the collection and
transportation of Solid Waste from Commercial Property by the Owner
=w to a solid waste disposal facility, or which results in the payment a
of fees or charges to an authorized commercial collection service
provider for disposal of the Solid Waste .
"Commercial Property" means all Improved Property other than
y �
a�
Residential Property.
* "Construction and Demolition Debris" means non-hazardous
.........
materials generally considered not to be water soluble, or a
combination of such materials, which consist of the remnants or
rf �yy f
debris from the construction, reconstruction, remodeling or r=
demolition of any structure, and shall include, but not be limited
rx
to, metal, metal products, concrete, glass, rock, roofing
Mnyl m yN/:`fi.
d hF
1 materials, asphalt, wood, tar, brick, cement and gypsum board. ,!Vi$0Wa
"County" means Broward County, Florida. ' ; `{
" "Dwelling Unit" means a Building, or a portion thereof, which
is located upon Residential Property and lawfully used for
y5S ita+ n4^ a '
3 , residential purposes, consisting of one or more rooms arranged,
designed, used, or intended to be used as living quarters for one 4'',
family only.
3
91
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IV
1
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: "Fiscal Year', means that period commencing October 1st of each
year and continuing through the next succeeding September 30th, or
, ! such other period as may be prescribed by law as the fiscal year
t
y I
n4 for the City.
"Garbage" means animal, fruit and vegetable waste, either +,
along with or in combination with other putrescible matter
/< �• � i, resulting from the handling, storage, sale, preparation cooking
fy1 �
serving, processing, slaughter, manufacture or consumption of
animal, fruit or vegetable matter, which is subject to
Yy decomposition or decay, and any container of such material .
r "Hazardous Waste" means solid waste, or a combination of solid
wastes, which, because of its quantity, concentration, or physical, Est +
'1 S ,
chemical or infectious characteristics, may cause, or
a� M f
significantly contribute to, an increase in mortality or an
n
,
r, increase in serious irreversible or incapacitating reversible n ,t,
ft' k
illness or may pose a substantial present or potential hazard to
{ human health or the environment when improperly transported,
r
41 ! disposed of, stored, treated, or otherwise Ii managed.
i
"Improved Property" means all property within the incorporated
area of the City on which a Building or other improvements,
12 F� S
including but not limited to the provision of retail electrical
e p
service to such property, have been placed or constructed, which
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�y[f'r � Ix /, •-----,•'-ca_ _ _ .✓ I A,C `I'' iv t�T tn'jY:' ` yy'�x
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improvements result in such property generating Solid Waste or
being capable of generating Solid Waste . x
?; k "Initial Assessment Resolution" means the resolution described
r
in Section 2 . 02 hereof which shall identify the solid waste
r ,
collection and disposal services, programs or facilities for which
a Partial Year Solid Waste Service Assessment is to be made .M ^ tt
f ( r
,e 1 "Land Clearing Debris" means vegetative matter resulting from s
,yk a comprehensive land clearing operation, but does not include Yard
't
Trash.
t
"Obligations" means bonds, notes, commercial paper, capital
Y H ,
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leases or any other obligations of the City issued or incurred to °
finance any portion of the Solid Waste Cost .
r i
"Ordinance" means this 1996 Partial Year Solid Waste Service
Assessment Ordinance.
M
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i "Owner" means the Person owning Assessable Property.
�5 +
"Partial Year Assessment Resolution" means the resolution
substantially similar to that described in Section 2 . 03 hereof, s`
i
S which shall confirm, modify or repeal the Initial Assessmentz;1k+ { ;
Resolution and which shall be the final proceeding for the 'q> ;
p f
imposition of a Partial Year Solid Waste Service Assessment .
X. .r b �f v✓ qM �Y
Fj,rf +dry,
"Partial Year Solid Waste Service Assessment" means a special
assessment lawfully imposed by the City against Residential
5 d
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compensation insurance, or other employment benefits; (D) the cost
t of computer services, data processing, and communications; (E) the
cost of training, travel and per diem; (F) the recovery of unpaid
or delinquent fees or charges advanced by the City and due for
s solid waste management and disposal services
< p programs or
facilities allocable to specific parcels; (G) the cost of
ii
' fl Vv engineering, financial, legal or other professional services; (H)
G ,Y
, .' all costs associated with the structure, implementation, f4
w
collection, and enforcement of the Partial Year Solid Waste Service `+r � 3,Assessments including any service charges of the Tax Collector or
Property Appraiser; (I) all other costs and expenses necessary or
e,p'1 r ',•
x7 "; incidental to the acquisition, provision, or delivery of the r
9 f r r atk• ��
h
services, programs or facilities funded by the Partial Year Solidfsf
Waste Service Assessment, and such other expenses as may be
�' y or incidental to any related financing authorized by they ;
�r,aia=v necessary
t4'9� 4Z Yk >r
�? City Commission; (J) a reasonable amount for contingency and 4 ,`
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a) , anticipated delinquencies and uncollectible Partial Year Solid ` '' cn
" h( i + • Waste Service Assessments; and (K) reimbursement to the City or any
other Person for any monies advanced for any costs incurred by the
City or such Person in connection with any of the foregoing items
raSyr '
h"L#-'• f Jry t�e#•k yt RieP`ihyJ
of Solid Waste Cost . M,
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SECTION 1.02. INTERPRETATION. Unless the context indicates
,
otherwise, words importing the singular number include the plural
number, and vice versa; the terms "hereof, "hereby, "
, herein, " <;
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"hereto, " "hereunder" and similar terms refer to this Ordinance; ;
and the term "hereafter" means after, and the term "heretofore"
"w means before, the effective date of this Ordinance. Words of any
+ gender include the correlative words of the other gender, unless z,
the sense indicates otherwise .
SECTION 1.03 . FINDINGS. It is hereby ascertained, , „
F
determined, and declared that : "
(A) Pursuant to Article VIII, Section 2 of the Florida
Constitution, and sections 166 . 021 and 166 . 041, Florida Statutes, �� J '
the City Commission has all powers of local self-government to
..3
perform city functions and to render services in a manner not
inconsistent with general law or special law and such power may be wk ;
rs x z '
exercised by the enactment of city ordinances.
(B) The City Commission may exercise any g
b ,
overnmental,
d y 1 EY
N, 1 4Ay Y 4 Q corporate, or proprietary power for a municipal purpose except when ;' "yy;�
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expressly prohibited by law, and the City Commission may legislate"din a y
t.'l on any subject matter on which the Florida Legislature may act,
, ir3CP`� r
except those subjects described in paragraphs (a) , " % 9 = (
.I (b) , (c) , and �rk� � ;�m����-•,
(d) of section 166 . 021 (3) , Florida Statutes . The subject matter of
10
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paragraphs (a) , (b) , (c) and (d) of section 166. 021 (3) , Florida N
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Statutes, are not relevant to the imposition of assessments related
to solid waste collection and disposal services .
(C) Pursuant to section 403 . 706 (1) , Florida Statutes, the a
City has the general responsibility and authority to provide for
A�
the collection and transport of solid waste generated within its
r ^ incorporated area to appropriate solid waste disposal facilities. w
6`< + (D) In fulfilling its responsibilities, the City has entered
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into various agreements with contractors for the furnishing of
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t t Solid Waste collection and disposal services and programs withinJkak
ss )
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1 J7'f y pt f� r the City. The City pays the contractors for such services provided ° t,J ;
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to Residential Property and in turn separately bills the respective ) `
Owners of such Residential Property.
P Y• Due to widely �
varied �
;'rf � din production of Solid Waste among the many and varied types of
+i i S1 Jf�j �4
U.;q, Commercial Property, the contractors bill and collect directly from" Owners of Commercial Property, ro` g 'n
' ZI (E) The City is currently including charges for Solid Waste tray>s
management and disposal services and programs on the water and
1
sewer utility bill or providing a separate bill for such services ' Fd
and programs. However, the water and sewer utility bill collection
mechanism does not reach recently annexed areas or areas served by
other water and sewer service providers and the City suffers from > Mn
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1 11
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fIy f � F 'l�,;W9rfY ,r `A'MP,es yz.. 4
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\ J`N �xtt ?.ti,L$ � , z A ° F' ,r Y. 7 . •^� .`M1`,1��m'HiS,F %j11`' , ,' Maez
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a number of unpaid or delinquent fees or charges due the City for F,
Solid Waste management and disposal services .
(F) The existence of any building or other improvement on :
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Improved Property results in such property generating Solid Waste
or being capable of generating Solid Waste .
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(G) The imposition of a Partial Year Solid Waste Service
Assessment is an alternative, equitable and efficient method of
, r `
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allocating and collecting the Solid Waste management and disposal
costs experienced by the City among parcels of Residential Property 1fix t ;'
within the incorporated area.
(H) A Partial Year Solid Waste Service Assessment imposed
pursuant to this Ordinance provides an interim mechanism to
h
r
efficiently generate revenue from parcels of Residential Property ti
'? rRl+b",' for the last six months of the 95/96 Fiscal Year and will provide
�, i>�Yry a practical opportunity to thereafter transition to an annual non x
-
ad valorem assessment within the meaning and intent of the Uniforms i
Assessment Collection Act .
rr , �
(I) A Partial Year Solid Waste Service Assessment imposedrA "
a
� pursuant to this Ordinance is indicative of a mechanism to generate xM•+`* s" ��>,"-
revenue from parcels of Assessable Property located within the City
on a recurring annual basis which fairly and reasonably apportions
the cost to provide the solid waste collection and disposal ka .r
12
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w $F Y'F-„'t.a � + ;.•g4,w�r.� � l( ri i, zl ,iz+i+} �x a `�`
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services, programs and facilities allocable to such Assessable
r Property.
x' (J) With regard to unpaid fees, charges or assessments which
have not employed the use of the uniform method of collection
authorized by the Uniform Assessment Collection Act, a Partial Year
Solid Waste Service Assessment imposed pursuant to this Ordinance
# " provides a mechanism to equitably and efficiently address payment
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delinquencies and recover funds advanced for solid waste management
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and disposal services, programs and facilities which are allocable
K �
to specific parcels of Assessable Property.
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(K) The benefits to affected lands provided as a result of a
Partial Year Solid Waste Service Assessment include by way of �
l
example and not limitation, the availability and use of collection
services and disposal facilities by the Owners and occupants of ='
c°'hs Residential Property to properly, safely and cost effectively P Y P P Y a Y
t
' � kr dispose of Solid Waste generated on such property a potential
�?.
increase in value to Residential Property, better service to Owners
tkrw and tenants, and the enhancement of environmentally responsible use ✓iti rF"x,'
` and enjoyment of Residential Property.
wF'
u { (L) The Solid Waste Service Assessment imposed pursuant to
1 this Ordinance is imposed by the City Commission, not the Broward
r r ,
County Board of County Commissioners, Property Appraiser or Tax
13 p.
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` Collector. Any activity of the Property Appraiser or Tax Collector _
ti #1: under the provisions of this Ordinance shall be construed as
ministerial .
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ARTICLE II
{1: i
4 PARTIAL YEAR SOLID WASTE SERVICE ASSESSMENT S
SECTION 2 .01 . GENERAL AUTHORITY.
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(A) The City Commission is hereby authorized to impose a
z Partial Year Solid Waste Service Assessment to fund all or any
portion of the Solid Waste Cost upon benefitted property at a rate
f of assessment based on the special benefit accruing to such
3 ' ryn
s property from the City' s provision of solid waste collection andryg ,
r
,
disposal services, programs or facilities. The City Commission may „rr ;
impose by resolution, adopted at a single public meeting, a Partial
Year Solid Waste Service Assessment which shall be collected by any
lawful means. In the event that any Partial Year Solid Waste
Service Assessment is not paid, that amount which is unpaid may be
included in a subsequent Solid Waste service assessment collected
on the annual tax bill pursuant to the Uniform Assessment
etr Collection Act . The Partial Year Solid Waste Service Assessments # ",
t ,
ishall be imposed substantially in conformance with the authority
+ and procedures set forth in this Article II .
(B) The amount of the Partial Year Solid Waste Service
Assessment imposed hereunder against each parcel of Residential
Property shall be determined pursuant to an apportionment `x
methodology designed to
n yy g provide a fair and reasonable apportionment
4
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' of the Solid Waste Cost among
properties on a basis reasonably
d related to the special benefit provided by solid waste collection
4 t\'
and disposal services, programs or facilities funded with
r" z assessment proceeds .
I
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(C) Any unpaid or delinquent fees or charges due the City for
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solid waste management and disposal services or facilities which
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"I are allocable to specific parcels of Assessable Property may be
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;• ' included in the respective Partial Year Solid Waste Service °'4k
4
V�s �S ' Assessment for such parcels . In such an event, any existing lien
� �,��h�• ART.y` :J �.t� � .
on each affected parcel for the unpaid or delinquent fees or
0 7 :
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charges shall be supplanted by the lien resulting from the
inclusion of such unpaid or delinquent fees and charges in the , r
� r
r54,} amount of the Partial Year Solid Waste Service Assessment . +, '
SECTION 2 . 02 . INITIAL PROCEEDINGS. The initial proceeding
for the imposition of a Partial Year Solid Waste Service Assessment
3t ' j shall be the City Commission' s adoption of an Initial Assessment
N
L Resolution (A) containing a brief and general description of the ;`s!
kxs ;� b solid waste collection and disposal services, programs or
facilities to be provided;
P (B) describing the method ofWii
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apportioning the Solid Waste Cost and the computation of the
7Y.
Partial Year Solid Waste Service Assessment; and (C) directing the City Clerk to (1) prepare the initial Assessment Roll, as required16
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a. and hour, not earlier than 7 calendar days from such publication,
which meeting shall be a regular, adjourned, or special meeting,
the City Commission will hear objections of all interested persons ...
to the Partial Year Assessment Resolution which shall establish the
rate and amount of assessment and approve the aforementioned
initial Assessment Roll . Such notice shall include (A) a
geographic depiction of the area subject to the Partial Year Solid
,
Waste Service Assessment, (B) a brief and general description of
e z
the solid waste collection and disposal services, programs or
t a � �
" - ' facilities to be provided, (C) the rate of assessment,
f .,
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>> - notification that unpaid or delinquent fees or charges due the City
for Solid Waste management and disposal services allocable to
specific P parcels will be additionally included in the Partial Year
Solid Waste Service ,
Assessment,
(E) the procedure for objecting
T Yv+=
provided in Section 2 . 06 hereof, (F) the method by which the r }x
%u { Partial Year Solid Waste Service Assessment will be collected, and
l 1
� ° Ty (G) a statement that the initial Assessment Roll is available for
I� inspection at the office of the City Clerk and all interested
1
�1
y�„. � persons may ascertain the amount to be assessed against any parcel
q POMI of Assessable Property �S w
z P y at the office of the City Clerk.
' SECTION 2 .05. ADOPTION OF PARTIAL YEAR, ASSESSMENT RESOLUTION. r'Yuu
At the time named in such notice, or to which an adjournment or � ?
18 � a
,. � , - , ➢ .^R,•+cT+ery+ r .mod:--. '�, . ? ,����r.�
0) �, q �5 .L : �:4ap�,.✓a-a-a._.. —.�_ �.N� t 'ry F t'V e`(y�ni�� �t 91 v ti J��r,.�
7}iq-0&�F'� �Y� ���1�I + . �."^`• �u. ���r .1 l: 4 �� 5 � i,�� f h
� �. h t�' T`a yY�t, ✓` :, � rv� ., _ 4.,. .� 1 .Y. ,. j, t�u�'''�r.'�..1t',D.?',i_n.'�t, .
f.'
1
f
j M1,
continuance may be taken by the City Commission, the City
Commission shall receive any written objections of interested
persons and may then, or at any subsequent meeting of the City
v s
Commission, adopt the Partial Year Assessment Resolution which
shall (A) confirm, modify, or repeal the Initial Assessment
?ti
r
;F Resolution with such amendments, if any, as may be deemed
f appropriate by the City Commission; (B) set the rate of assessment ax
,
to be imposed for the Assessment Period; (C) approve the inclusion t
� M
+
of any unpaid or delinquent fees or charges due the City,
y and (D)
j 4
v approve the initial Assessment Roll, with such amendments as it
deems just and right. All parcels assessed shall derive a special
benefit from the solid waste collection and disposal services,
programs or facilities to be provided or allocated to such parcelsPi;`,
^ly� y21 and the Partial Year Solid Waste Service Assessment shall be fairly
and reasonably apportioned between the properties that receive the
special benefit . All objections to the Partial Year Assessment
Y
P v
Y Resolution shall be made in writing, and filed with the City Clerk
FY at or before the time or adjourned time of such hearing. w
x
SECTION 2 .06. EFFECT OF PARTIAL YEAR ASSESSMENT RESOLUTION. +b, x, �;'
The Partial Year Solid Waste Service Assessments for the Assessment
tv Period shall be established upon adoption of the Partial Year
Assessment Resolution. The adoption of the Partial Year Assessment
I
19 Se'"�
; ;�,
i
Y.
i
/,jy�4F J}k,������Yi lxv ,.,-.-..... <._.� _ _ �a ?�i b 4 ':•}r ( +,i ><'t„_y�l"54 i k ��,`
I
,
j
3
J J
u SECTION 2 .08 . REVISIONS TO PARTIAL YEAR SOLID WASTE SERVICE
j ASSESSMENTS. If any Partial Year Solid Waste Service Assessment
t
made under the provisions of this Ordinance is either in whole or
in part annulled, vacated, or set aside by the judgment of any t�
o court, or if the City Commission is satisfied that any such Partial
defective
or egu
Year Solid Waste Service Assessment is so irregular d
C s ,! 5
that the same cannot be enforced or collected, or if the City
Commission has omitted to include any property on the Assessment ':
Roll which property should have been so included, the City ''„r
^� Commission may take all necessary steps to impose a new Partial
Year Solid Waste Service Assessment against any property benefited
by the Solid Waste Costs, following as nearly as may be
�$ practicable, the provisions of this Ordinance and in case such r ,
1 r,
Safi �11 �
?I second assessment is annulled, vacated, or set aside, the City ,
Commission may obtain and impose another Partial Year Solid Waste � r
L �l li V
K� A
Service Assessment until a valid Partial Year Solid Waste Service
t � Assessment is imposed.
t> SECTION 2 . 09. PROCEDURAL IRREGULARITIES. Any informality orTel
< Jc`
a x.
y1 irregularity in the proceedings in connection with the levy of any
Partial Year Solid Waste Service Assessment under the provisions of
!
this Ordinance shall not affect the validity of the same after the
f
approval thereof, and any Partial Year Solid Waste Service A
21
Y
!
x�.
_Y
}
r
l
�f
rl
i
1,
u
n
7q.
waste collection and disposal services, programs or facilities, but
that such property was omitted from the Assessment Roll, the City
i' may, u Commission
Y+ on P provision of appropriate notice as set forth
in this Article II, impose the applicable Partial Year Solid Waste
,. Service Assessment for the Fiscal Year in which such error is
' r discovered, together with any other delinquent or prior unpaid
' charges or fees for Solid Waste management services provided to
such property. Such Partial Year Solid Waste Service Assessmentv� x ';
shall become delinquent if not fully paid upon the expiration of 90
' days from the date of the adoption of said resolution. The Partial
� r .
r y a^
Year Solid Waste Service Assessment so imposed shall constitute a r '7fx x
^
lien against such property equal in rank and dignity with the liens
1!i of all state, county, district, or municipal taxes and special
assessments, and superior in rank and dignity to all other prior
M, liens, mortgages, titles and claims in and to or against the real r
property involved and may be collected as provided in Article
r
s rr
hereof .
1f )
L f L
(C) The City Clerk shall have the authorityat any time, upon
15A'A" ,
t i
her own initiative or in response to a timely
R� Y filed petition from u
'F the owner of any property subject to a Partial Year Solid Waste'��9 i1f�SS•� � h ✓A/ � L{
i�� ;3�aFap Service Assessment, to correct any error in applying the Solid
y 4
` Waste Service Assessment apportionment method to any particular
23
S>
f
i
1777
t yy
y -
'r
,
. F •
i
/ c
f parcel of property not otherwise requiring the provision of notice
pursuant to the Uniform Assessment Collection Act . Any such
t + correction shall be considered valid ab initio and shall in no way
1
affect the enforcement of the Partial Year Solid Waste Service
Assessment imposed under the provisions of this Ordinance. Any
is ,
such correction which increases a Partial Year Solid Waste Service ,
r it x•" Assessment, shall first require a ff d
4 notice to the affected Owner at "
" the address shown on the Tax Roll notifying the Owner of the date, ,
time and place that the Board will
consider confirming >" „
the
correction and offering the Owner an opportunity to be heard at
that time. w �.
,
0 7
(4�3 �"NjoJ,M
sR
40.
S
i��� .' ♦ Y T
c
F
9 ii 9 ny
e ,{� r rr t k�° Ir �• �� i
24
I
9
5�-
Q
T�c`4�y 1 MR >,
91 tS����AT) aF Y ..((r , �a'tA h{
5 S f
L, �S.YY ..
i
1
i
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I
I
Waste Service Assessment shown thereon is due and payable, and (8)
l v:
' lyds
the location at which payment will be accepted.
4
(B) A general notice of the lien resulting from imposition of
r
the Partial Year Solid Waste Service Assessment shall be recorded
in the Official Records of the County. Nothing herein shall be
t construed to require that individual liens or releases be filed inF. it
c.
pe
` the Official Records . '
i * Yiaw
F (C) The City shall have the right to appoint or retain an
Y�
TA
agent to foreclose and collect all delinquent Partial Year- Solid � w
H + �
{ Waste Service Assessments in any lawful manner. A Partial Year s7
Solid Waste Service Assessment shall become delinquent if it is not
r�i5v: paid on or before the date any installment is due. The City or its F{ a
z� I
agent shall notify any property owner who is delinquent in payment Asr '
,{
of his or her Partial Year Solid Waste Service Assessment within 60 "
�V` 1
r; ti
# { days from the date such assessment was due. Such notice shall
state in effect that the City or its agent will either (1) initiate " ?
sigh r k '�15!
a foreclosure action or suit in equity and cause the foreclosure of
i
such property subject to a delinquent Partial Year Solid Waste
Service Assessment in a method now or hereafter provided by law for
foreclosure of mortgages on real property; or (2) cause an amounts
� r
equivalent to the delinquent Partial Year Solid Waste Service,
r, l yt+r LTbw Y"„
� � 2 '�'ii ✓t "�°a t fir.
Assessment, not previously subject to collection using the uniform
26 `
f
t2:
��,•—a„�, ly in �xv '. st�l S.J
'v I \ 1 T .
f %
J
1 J rl
,
i t
�i
d
method under the'Uniform Assessment Collection Act, to be collected
c on the tax bill for a subsequent year.
(D) All costs, fees and ex
1
penses, including reasonable
attorney fees and title search expenses, related to any foreclosure
action as described herein shall be included in any judgment or
r A
M1{ i f
e.decree rendered therein At the sal
pursuant to decree in any
such action, the City may be the purchaser to the same extent as an s
`t individual person or corporation. The City y may join in one
ti Yih <
4 foreclosure action the collection of Partial Year Solid Waste
Service Assessments against any or all ro ert e'a
P p y assessed in k ^•
accordance with the provisions hereof. All delinquent Owners whose
r
>i property is foreclosed shall be able for an a ,�a Y liable apportioned amount of ' Ri '
+`, @ reasonable costs and expenses incurred by r¢{"V �„ the City and its agents,
'N'F� 1
includin
g reasonable attorney fees, in collection of. such
41 ft ING
delinquent Partial Year Solid Waste Service Assessments and any
r _
s �''"'
other costs incurred by
the City as a result of such delinquent ` ht
Partial Year Solid Waste Service Assessments and the same shall be Y fil ,
jY�r��xk`z
collectible as a r ;gw part of or in addition to, the costs of the Ar Hifa d '
s
action.
h f ,,
(E) In lieu of� foreclosure, an delinquent Y ent Partial Year Solid
u �sTMe, . Waste Service Assessment and the c expenses
}krt � X`rj costs, fees and ex
attributable thereto, may be collected
Pursuant to the Uniform
�. wU '� n4F �
w w
27 5yit4 { �ilsd
ti
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L yr
w
A ,
0
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1
1
Assessment Collection Act
4 provided however, that (1) notice is
provided to the Owner in the manner required by law and this
Ordinance and 2
( ) any existing lien of record on the affected
parcel for the delinquent Partial Year Solid Waste Service
�d.
Assessment is supplanted by the lien resulting from certification
% of the Assessment Roll, as applicable, to the Tax Collect
or.
Any City Commission action required in the collection of
i ✓ F
Partial Year Solid Waste Service A
e ssessments may be by resolution. Y
SECTION 3 . 02 . RESPONSIBILITY FOR ENFORCEMENT. It shall be1G3
the duty of the City and its agent, if an
g y, to enforce the prompt
Ipj
` collection of Partial Year Solid Waste Service Assessments by thea ,
dtk
means herein provided. The duties related to collection of Partial
r P . •
Y"1Ti s
Year Solid Waste Service Assessments may be enforced at the suit of 3xc{
any holder of Obligations, if an secured '
' any, by such Partial Year
r Solid Waste Service Assessments in a
court Of competent
,
,t jurisdiction by mandamus or other a
ppropriate proceedings or k
TM •s
a
action. ,
N �I k iY,�M'A j1y ty X
y
� • s
1 k
r 28
r
l ( i .
'3k yea, +'t t� { -._.p: �A",., .- __•':�..__._,. .. _ __ �R' � ; r 1�, ire"`'t"Nr+�oz�..ltx6� � � 1
}
v).
4
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� � V'•�v4�� e i8ty 3r'C L> .,�v� L ..., � r�t r
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1
Sn PASSED AND ADOPTED on First Reading on the day of
'u
t
° ' February, 1996 .
t,sWT
?° PASSED AND ADOPTED on Second and Final Reading on the
i I;ti
o.
k 4s day of March, 1996 .
4
MAYOR-COMMISSIONER
f A ATTEST:
Y.
r CITY CLERK-AUDITOR
22~t•
rs.
rrr APPROVED AS TO FORM AND CORRECTNESS �x
7 : 4 . a
..y
i
a ,» CITY ATTORNEY l "acx
a r# a r
s "• an fi� �,v`�
51,
,a tin
� 7 {wi rr�Ya
x 1�
G�' a
8 d s» .t }�3�x r5yur� a
� 4
+ ,33'y`vsai lIn tH;a�"�J^�r r
� ff". Cti' Ltyt�CJ1�
4S+
j,
30
, j
4 .;
L 6 P Y*rf'i �4 :.. 1Q �t°.3'l41 'r':*v. .+.a�';a"OFry, � �♦.Y
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14
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J
INDEX
apartment . . .
s . assessable property 1
eke assessment period 2/ 5, 7, 12, 13, 16-18, 25
4,
assessment roll • • ' ' ' • • • 1/ 7/ 19
building 2, 9, 16-21, 23 , 25, 28
'+ g . . . . . . . . . . . . . 1-4 , 12
city 1, 1, 2, 4, 5, 7, 8, 10-13, 15-23, 25-30
city clerk
city commission 2, 16-20, 22, 2? , 30
clean debris
1, 2, 8, 10, 13, 15, 17-23, 25, 28
.
2 commercial collection service
7
commercial property 3 , 7
1 hV
-:A construction and demolition debris 3/ 11
count 3, 9
arc Y 3, 6, 9, 13, 17, 20, 23 , 25, 26
dwelling unit
Vr-
fiscal year . . . . . . . . . 1, 3 by R
t garbage 4, 12, 23 °s3 `
hazardous waste , r r:
improved property . . 4 , 7, g
. .
initial assessment resolution 3/ 4, 6, 12 ��+
land clearing debris . . . ' ' ' • • • . 5, 6, 16, 19
obligations . . . 5, 9
ordinance
5, 28
S
owner 24, 28/ 29
1, 1, 5, 10, 12-14 , 21, 22,
z
3/ 5, 17, 23-2
partial year assessment resolution 0 , 28
r
2, 5, 7, 18-2 , 25 •�partial year solid waste service assessment 2
5, 8, 12, 13, 15-
pa
28
rtial year solid waste service assessments '
1, 8, 15, 19-21,
person 25-28
27
property appraiser . . . . . . 5, 6, 8,
aCP recovered materials 6, 8, 9/ 13 , 14 22 {
a residential property 6 `
1, / 15
3, 6, 11-13 6; aS
rubbish
solid waste 7
1, 1-8, 11-13, 15-28 ,^ u as&
solid waste cost
-K.. -8, 15, 16 ;nSr a rt7i
x �^ �C,./�} special waste 5 t , �
tax collector
8, 9, 14 , 22, 28 wF
tax roll „
f� Pa 1� . . . . . . . . . . . . . . . . . 9 17 24
y uniform assessment collection act
white goods . . , . . . . . . . . • . , 9/ 12, 13 , 15, 24 , 27, 28 , M7,
yard trash ,q � ,��*�,�rnfi`"at••
a
+
Y ..fit i
M
I
t ,J
1
J
k
l"
t I
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rt x lt.
y -
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{
yi: t
x �
1
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1 J°y�rtibt 5� . ryfl q. i
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T3 .yJnn } i' y 1
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f✓x rI,
W.
f� 7
iw .r,
wy
a��S XF�i pl��ArAYy
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L
r IAW OFFTOES
ADLER, TOLAR & ADLERI
,u I'ICO N.E.I6TII5T0.EET,SU:TE< to�
,
3* FORT LAUDERDALE, FLORIDA 33305
r.
ri JOHNN.TOLAR (1912-1978) TELEPHONE(305)566-3237 "-
FRANKC.ADLER
C, FACSIMILE(305)566-3239
.'� KARL V ADLER
l �
TIMOTHY A.FISCHER
February 20, 1996
9 TELEFAX NO. 407/368-4008 TELEFAX NO. 305/523-1722
Robert I . MaCLaren, II, Esquire Donald Hall, Esquire
Siemon, Larsen & Marsh Gunster, Yoakley
Mizner Park 500 East Broward Boulevard �
�. 433 Plaza Real, Suite 339 Fort Lauderdale, FL 33399
y ) '
Boca Raton, FL 33432
RE: CITY OF DANIA/SEAFAIR - Settlement Agreement and 1996 Lease ` '
and License Agreement and Cancellation Agreement delivered
February 16, 1996.
Gentlemen: t '' �'♦a
J
,fix 'k`Nyi The following additional changes to the proposed February 16, 1996 ,
q��n
hr
Draft of the Lease and Licensing Agreement are hereby requested as,y
follows :
M r ; A. Paragraph Six (6) Us-e. Third sentence of the first paragraphs
starting six lines from the bottom should have the additional `
' language added thereto as highlighted herein:
4c � x "Anything contained herein to the contrary
notwithstanding, Aragon shall have the right to operate
a commercial marina available to the public and all uses
and all activities related or ancillary thereto in the
Y
Aragon License Area onl ?pti1'd d Axa 4n aCld the Ae enb5 1
9 r '
tiµ . ' sksall not construct any building or..structure {durznq ttte'
'gas r; t� y tsa ttl of a s 96 ease and 5��cene Ica eQment} .�apcix
,yfiH�;a „�,r aksrawe the Azac�ctnx Licese ArF aArago s parcels and ,rtiN
gd(vt1'�.'""a� nt� 1 F7h4.'C.h ,5ha1.lxCeed OTIe :, (1} `{'(7L' and .further $alf,{
*` buad�n c7r structure steal} kie sub'eck � Elie consent and 'r' r'��' yy;'
�, `� �p�+rocral. ' of kls Ciky of Rans.a 'twhiGh shall not bc� >m�y'$��'�a�' �Yp *
r x{''y g4`b§uYkl�l�
una easotsably w3 thhe�d) and stake a envies haxrin ,x � Yw
�ur> sd3ctxon The above described rights of use are y "�
specifically subject to the following limitations : . . .
R
I,.
a�
ien.. 5
•Yr l�Y' r
ni .. ,. ,.. ..,.tr.M1 },.•.., r .
, t 1
i,
r
_, Robert I. MacLaren, II, Esquire
Donald Hall, Esquire
February 16, 1996
r
Page 2
(It
6 j
i NOTE: The Aragon Parcel "C" consists of docks over new river
sound, the City certainly would require approval of any structure
K in said Parcel "C"; and the Aragon Parcel "B" is only 84' wide and
it is essentially east of the construction control line that runs
essentially along the bulkhead line. The City does not wish to
F have unreasonable air, visual and light obstructions to the west of
r
their beach area.
B. Paragraph six (6) (c) , Page eight (8) ; at the end of the next
' to last sentence, seven lines from the bottom of said
,t
Paragraph
p and following the word "approvals add a new
sentence as follows All construction arlef improvements upon +e
� 'fie laased and licensed pramsses shill, be sub,�eetj; �n site ,p3.ar� �, ,
xr
hy�
NOTE: The City recognizes it will not exercise any authority as to
construction and inspections, as the University is exempt A "^ pt by law.
BK�I
C. (6
Paragraph six
) (c) . The last sentence of paragraph �r �
six (6) (c) , Page eight (8) dealing with gambling and
beginning with the word "Anything" and ending with the �s
word "discretion. " should be ma de a new numbered
Paragraph six (6) (d) and deleted from Paragraph six a�M
D. Paragraph nine (9) (a) , The following new sentence should be
added at the end one
"Agreement. " . page ten (10) after the word
1 Notwithstanding , aaythi.ng:. herein
ont ar, Aragan's zicense • end rq ,ert to the
h >i
a subject to ad p Y ..; rights shall
valorem
sA(� taxes
Very truly Y yours,
KARL
4,
y� rr
W. ADLER
3 cc: Frank Adler, Esquire - City of Dania d�
7nNf c 1
Oki
Mike Smith, City Manager - City of Dania �m �' fY'fjki y� ;
Both Via Facsimile No. 954/921-2604
� rJ s�
Y '
{
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sa
t
y {I v er 7777
, .
,{ { �* f+'rI a,_. _ `nt � 1 y^ r�'A' � xty�,,S_d+ �•�
•�I � t � �}I:�k�$ t .r : , - .. '. � ' 4- ail 4 ;i ,5,y��tira;.�y��'� f,�+t;t'
v �
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( y� LAWOFFICES fi
ADLER, TOLAR & ADLER
n>n 170D N.E.26TH STREET,SUITE
FORT LAUDERDALE,FLORIDA 33305
1OHNN.TOLAR (1912-1978) TELEPHONE(305)566-3237
( FRANK C.ADLER FACSIMILE(305)566-3239 �?
:,'• KARL W.ADLER
TIMOTHY A.FISCHER
February 19, 1996
TELEFAX NO. 407/368-4008 TELEFAX NO. 305/523-1722
ors;
V.
Robert I . MacLaren, II, Esquire Donald Hall, Esquire �
Siemon, Larsen & Marsh Gunster, Yoakley }ytris
{r1 , T Mizner Park 500 East Broward Boulevard ,
433 Plaza Real, Suite 339 Fort Lauderdale, FL 33394
cca ,
Boca Raton, FL 33432
RE: CITY OF DANIA/SEAFAIR - Settlement Agreement and 1996 Lease
and License Agreement and Cancellation Agreement delivered
,p . v February 16, 1996. r
R �
Gentlemen: ;:rre
The following highlights additional revisions which have been made
this day to the Settlement Agreement, Paragraph four 4 Page two
4
t, Yu (2) . They are as follows :
A. The Settlement Agreement at Paragraph four (4) , Page two (2) , ;
"t4 third sentence shall be amended to read as follows : "The "c
^>! ' a parties' intent is each year to commence fully supporting a
minimum of one student through that student' s completion of an
undergraduate degree; . wh1.Ch S�.t2oldr�kta.��yy si cTrt ' ezi0d�, C�S�'
1}�
extend beyond the tin. year charity fund raising pr�r2�rd. In N
3 �1'
A4) the event that in any particular semester a qualified student
t
from Dania cannot be identified, the funds shall continue to
accumulate until such a student or students are
�,k• 'dentified. 11 . . . r trst
� i ddl xk y^<
E �I��r{���•�,� Very t Uly OUrS,
✓ A � �//p_p �A.��{Y 1X1 �,1'+l 51 +art,„AiyY7,`
KAR W. ADLER4 � �55
t 3re 4p �r+fi,
cc: Frank Adler, Esquire - City of Dania u:
Mike Smith, City Manager - City of Dania
i
Both Via Facsimile No. 954/921-2604
L .
ru,�5{„yt c
3�at", s �.< .c
� `YWFirin—�.-r.... -�—y, __
u i{.if��Y'��10,M t"rj ' a v ..•.v ttr r�s ��<�S �i! y,,{t 1a(�a�t �'�Ryl
.y: .� b�.E•9. ( h ! A �J�i. f,v1U-�Y l..-',
a+
r
,Fy
,
r s
SETTLEMENT AGREEMENT
* WHEREAS, the City of Dania("Dania") is the owner of certain real property which was
ease and Licensing Agreement dated January 16, 1981
leased to Saturday Corporation pursuant to a L
as amended from time to time(hereinafter"the 1981 Lease and Licensing Agreement"); and
WHEREAS,The Aragon Group,Inc. ("Aragon") is the successor in interest to the Saturday "
Corporation; and
WHEREAS, pursuant to the 1981 Lease and Licensing Agreement,Aragon occupied the
leased and licensed premises and constructed a retail, restaurant and marina complex popularly
referred to as "Seafair'; and
WHEREAS, in conjunction with the negotiations in regard to the lease by the Board of 4fi
" + Regents of the State University System of Florida relative to the SeaFair premises, Dania implied
r '
that Aragon was in default of its obligations under its 1981 Lease and Licensing Agreement for the f r
reason that most of the SeaFair structure was not open; and
WHEREAS, on September 26, 1995, the Dania City Commission gave Dania's special �
litigation counsel authority to have Aragon declared in default of its obligations under the 1981
Lease and Licensing Agreement and to seek a termination of Aragon's interest in the 1981 Lease and yM�
' £ " Licensing Agreement; and a, M1 •�",' �z,�J}� , S r
WHEREAS, Aragon denies that it was or is in default of any of its obligations under the
i , , y a': 4RJ,=nN •3
4
i i iti•4 1981 Lease and Licensing Agreement; and
WHEREAS, notwithstanding their differences over Aragon's compliance with its a.
obligations under the 1981 Lease and Licensing Agreement Aragon and Dania wish to see SeaFair
renovated as an FAU ocean engineering research center; and
WHEREAS, Aragon and Dania wish to avoid what would be lengthy and costly litigation
in regard to Aragon's compliance with its obligations under the 1981 Lease and Licensing
pit = lid Agreement; and
r
WHEREAS, Aragon and Dania wish to resolve their differences in an amicable and
,+1 mutually beneficial manner.
NOW THEREFORE COME the CITY OF DAN1A, a Florida municipal corporation, and
THE ARAGON GROUP, INC. and agree as follows: rl
, ( 1. That certain Lease and Licensing Agreement,as amended from time to time, between
Dania and Aragon which is attached hereto as Exhibit 1 to this Settlement Agreement andk=£
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SETTLEMENT AGREEMENT Page 1
Execution Copy/February 16, 1996 *i 10
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incorporated herein and hereinafter referred to as the"1981 Lease and Licensing Agreement"except
s as specifically provided herein and in the 1996 LEASE AND LICENSING AGREEMENT in the
`f form attached hereto as Exhibit 3 and referred to as the "1996 LEASE AND LICENSIN
• x AGREEMENT" by and between the City of Dania, a Florida municipal corporation and the Board
of Regents of the State University System of Florida, shall be canceled upon the happening of the
last of the events provided for in this Settlement Agreement.
3 2. In consideration for the cancellation of the 1981 Lease and Licensing Agreement,
except as specifically provided herein and in the 1996 LEASE AND LICENSING AGREEMENT
the Board of Regents of the State University System of Florida agrees to pay on that date which is
the later of May 1, 1996 or that date which is Forty (40) days subsequent to the Effective Date of
this Settlement Agreement, to Aragon the sum of Four Million Two Hundred Thousand and 00/100 a "
($4,200,000.00) U.S. Dollars by voucher, and to Dania the sum of One Million and 00/100 =
($1,000,000.00) U.S. Dollars by voucher, and the parties agree to execute and record the
" 14 CANCELLATION OF 1981 LEASE AND LICENSING AGREEMENT and Supplements in
the form attached hereto as Exhibit 2 and on the Effective Date to execute and deliver the 1996 t ''
LEASE AND LICENSING AGREEMENT.
rRrf i �
3. Dania agrees to lease and license the premises which were the subject of the 1981
;, Lease and Licensing Agreement to the Board of Regents of the State University System of Florida
and the Premises as defined in the 1996 LEASE AND LICENSING AGREEMENT for the
d
�
reevelopment of SeaFair into an ocean engineering and research institute and for other educational a �
uses incidental and complementary thereto, to be operated by Florida Atlantic University pursuant
to the 1996 LEASE AND LICENSING AGREEMENT which 1996 LEASE AND LICENSING y
AGREEMENT shall prohibit until December 31, 2012 and shall prohibit after December 31, 2012
unless such prohibition is rescinded by Dania (1) the use of the Premises, in whole or in part, for
.: gambling of any type or form at any time; and(2)the docking or mooring in adjacent waterways of ? a
h 1 any boat or ship which is engaged in gambling of any type or form while in port or at sea.
s�
a t y 4. Aragon shall provide a letter to Florida Atlantic University and Dania wherein
r *, Aragon, to the extent permitted by law,shall cause Florida Atlantic University to be included in one
(1) chanty event per year for ten (10) years which event shall be conducted at Dania Jai Alai as
authorized by Florida Statutes, with the proceeds contributed to Florida Atlantic University, and
t Florida Atlantic University shall utilize such proceeds for the purpose of providing scholarships to
economically disadvantaged students from Dania. The number and amount of scholarships will
Qt "
depend on the availability of funds. The parties' intent is to fully support a minimum of one student
at a time through that student's completion of an undergraduate degree. In the event that in any ;
I ,
particular semester a qualified student from Dania cannot be identified, the funds shall continue to
accumulate until such a student is identified. The City Commission may recommend candidates for
the scholarship.
w
5. Provided that Dania shall have complied with this Settlement Agreement, Aragon
'ry �st'cA`tl�. SETTLEMENT AGREEMENT Page
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F agrees that, for and in consideration of the promises of compliance and/or performance as well as
the release granted to it in Paragraph 6, for itself and on behalf of its successors, assigns, officers,
employees, agents, independent contractors and representatives, does hereby remise, release and
' forever discharge Dania, its Mayor and Commissioners, its successors, heirs, assigns, officers,
employees,agents and independent contractors and representatives,from any and all claims,actions,
l liabilities,judgments, debts, demands, damages, sums of money, accounts, compensation of all
forms and descriptions, contracts, covenants,promises,representations and transactions which it has
had or now has against Dania for or by any reason of or in any way related to any matter,transaction,
course of conduct,contract,cause or thing whatsoever,including without limitation of the foregoing:
!, certain incidents, facts, and circumstances which are related to the 1981 Lease and Licensing
' Agreement.
6. Provided that Aragon shall have complied with this Settlement Agreement, Dania
agrees that, for and in consideration of the promises of compliance and/or performance as well as
the release granted to it in Paragraph 5, for itself and on behalf of its successors, assigns, officers, ,
employees, agents, independent contractors and representatives, does hereby remise, release and i
forever discharge Aragon,its successors,heirs,assigns, officers,employees,agents and independent i
contractors and representatives, from any and all claims, actions, liabilities, judgments, debts, y
demands,damages,sums of money,accounts,compensation of all forms and descriptions,contracts, i
covenants,promises,representations and transactions which it has had or now has against Dania for
or by any reason of or in any way related to any matter, transaction, course of conduct, contract, "
cause or thing whatsoever,including without limitation of the foregoing: certain incidents,facts,and
/ circumstances of which are related to the 1981 Lease and Licensing Agreement.
� N
• 'w 7. At the time of the receipt of the sum of Four Million Two Hundred Thousand and
t 00/100 ($4,200,000.00) U.S. Dollars by Aragon pursuant to Paragraph 2 of this Settlement
Agreement, Aragon shall satisfy all liens upon the SeaFair premises that are security for any debt
of Aragon and/or were placed or caused to be placed against or upon the leasehold and/or license of 1
7, u ' Aragon and/or the improvements thereon or adjacent thereto by Aragon and Aragon shall provide
{ 1 [ satisfactory documentation of satisfaction and discharge of any such liens or interest in the SeaFair v
* , ! premises and/or the Aragon leasehold and license interest therein for the improvements located rah Y
a xis
h, a thereon or adjacent thereto. i
1' 8. At the time of the receipt of the sum of Four Million Two Hundred Thousand and
00/100 ($4,200,000.00) U.S. Dollars by Aragon pursuant to Paragraph 2 of this Settlement
Agreement, Aragon shall quit claim, subject to the Aragon License Area pursuant to and in
F 1 ? accordance with the 1996 LEASE AND LICENSING AGREEMENT, to Dania any and all
'/ F interest Aragon may have in and to the SeaFair Premises, including the real property, improvements
f� ` affixed thereto, including the docks and other marine improvements, chattels real, and fixtures, and
to further assign all permits, licenses,plans, drawings, surveys, and approvals for the operation of y
the SeaFair premises not specifically required, needed or to be utilized by Aragon in the use and
operation of the commercial marina in the Aragon License Area during the Aragon License Area
�^1r
SETTLEMENT AGREEMENT Page '
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Term as specifically described and set forth in the 1996 LEASE AND LICENSING
AGREEMENT, all of which shall become part of the premises leased or licensed to the Board of
Regents of the State University System of Florida pursuant to and in accordance with the 996
LEASE AND IKENSING A REEMENT . Anything contained herein to the contrary
notwithstanding, the title to personal property shall not be quit claimed,transferred, set over, and/or
assigned by Aragon pursuant to the terms hereof as Aragon shall remove all such personal property
f from all portions of the SeaFair premises other than the Aragon License Area in accordance with and
`t pursuant to the terms of the 1996 LEASE AND LICENSING AGREEWNT except that in the
event any unique and/or specially designed equipment exists that is necessary for the proper
;x mechanical operation of the SeaFair premises, then, Aragon shall deliver to Dania any such
equipment and quit claim the title thereto to Dania. 17
I , I
?" 9. The interpretation, validity and enforceability of the Settlement Agreement and any C �I
Yagreement to be executed in connection herewith, including all terms,provisions, rights and duties !
?. set forth herein, shall be interpreted and construed in accordance with the law of the State of Florida '
without reference to rules governing any conflict of laws. �, t
10. The determination by any court of competent jurisdiction that any provision of this
Settlement Agreement, or any agreement entered into in connection herewith is not enforceable in
accordance with its terms and conditions shall not affect the validity or enforceability of any of the
' remaining provisions; rather, any such unenforceable provision shall be stricken or modified in l
accordance with the Court's decision, this Settlement Agreement, or any other agreement to be $? J
entered into in connection herewith,as modified,shall continue to bind the parties thereto. Anything i ,f
contained herein to the contrary notwithstanding in the event any such decision of the court shall
cause a material element hereof to be unenforceable in accordance with its terms and conditions
such that an inequitable and/or unconscionable circumstance would result, then, in that event, anyparty hereto may apply to any court of competent jurisdiction which court shall have the power and
a authority to modify the remaining terms and conditions of this Settlement Agreement in order that y�y}
any such inequitable and unconscionable circumstance may be eliminated to the fullest extent Y
' possible. w *
T�1e
k 11. This Settlement Agreement may be executed in one or more counterparts, each of t
which shall be deemed an original, but all of which together shall constitute one and the same
t a
instrument.
12. This Settlement Agreement among the parties consists only of the express written
terms and conditions set forth in this Settlement Agreement or any other agreement entered into in "
$ F, connection herewith. All understandings and agreements heretofore made between the parties have
been merged into this Settlement Agreement,which alone fully and completely express the parties
'
understanding. There are no promises or agreements, oral or otherwise, inducing en g try into this
Settlement Agreement,EXCEPT ONLY AS EXPRESSLY SET FORTH IN WRITING HEREIN,
THE PARTIES ARE RELYING ONLY ON THE EXPRESS TERMS, CONDITIONS AND
SETTLEMENT AGREEMENT
Page 4
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IN WITNESS WHEREOF, the CITY OF DANIA, a Florida municipal corporation, has
caused this Settlement Agreement to be executed in its corporate name by William Hyde,its Mayor- tX'
Commissioner, and by Mike Smith, its City Manager,and has further caused its corporate seal to
+ be affixed, attested by its undersigned City Clerk-Auditor, on this day of
F 1996. r.`
J,
j` IN WITNESS WHEREOF, THE ARAGON GROUP, INC., a Florida corporation, has
rcaused this Settlement Agreement to be executed in its corporate name by Stephen F. Snyder, its
undersigned President, and Owen P. Bell, its undersigned Secretary, on this day of 1996.
Signed, sealed and delivered U
x p CITY OF DANIA, a Florida Municipal
in the presence of: ��,
t. Corporation
By:
WILLIAM HYDE, Mayor-Commissioner r '
By:
Yc
f
MIKE SMITH, City Manager
r A
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Signed, sealed and delivered ' r
i in the presence of: THE ARAGON GROUP INC., a Florida
Corporation „
yy By:
! L �� STEPHEN F. SNYDER,President
Attest:
OWEN P. BELL, Secretary
r r{�4 4r h
,C'•��,�4ns I �<�"ea?F s�lii�lt'¢i#t4.4r�r''1
SETTLEMENT AGREEMENT
Execution Copy/February 16, 1996 Page 6 �` « f S
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CONSENT AND ACCEPTANCE OF SETTLEMENT AGREEMENT
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IN WITNESS WHEREOF,the Board of Regents of the State University System of Florida
Y hereby consents to and agrees to comply with the terms and conditions of this SETTLEMENT
AGREEMENT this day of 1996.
' Signed, sealed,and delivered The Board of Regents of the State University
in the presence of: System of Florida
iYC 1
l
V.
, By:
CHARLES B. REED, ChancellorT' <
Printed Nameit'.
t� tlt1 Y.,r4.`. rzt�y�� tk)� 3111
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Printed Name
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! SETTLEMENT AGREEMENT Page 7 �
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STATE OF FLORIDA
COUNTY OF BROWARD
`s
The foregoing instrument was acknowledged before me this_day of
1996 by William Hyde,as Mayor-Commissioner, Mike Smith, as City Manager, and
ft°' as City Clerk Auditor of CITY OF DANIA, a Florida municipal corporation, on
f:r;
behalf of said corporation.
ry who:
❑ he is personally known to me, for]
❑ has produced as identification.
:L'tK
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Notary Public
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x . My Commission Expires:
r*en' Printed Name of Notary
Notary Commission No. "^
c � 4 i
STATE OF FLORIDAlea
F
r''"s4rs, COUNTY OF BROWARD
' The foregoing instrument was acknowledged before me this day of
1996 by STEPHEN F. SNYDER,President and OWEN P. BELL, Secretary, of THE ARAGON
>( � GROUP, INC., a Florida corporation, on behalf of said corporation who:
$Y ❑ he is personally known to me, [or] z
c " r
}] ❑ has produced as identification.
Sa t� � Y�yt cYf"
yI ,S
f Notary Public
xl, My Commission Expires:
,e� •, a +,,a ^ y
' Printed Name ofNotary
� , iN
p Notary Commission No.
Y )
1 SETTLEMENT AGREEMENT Page 8
Execution Copy/February 16, 1996 "
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STATE OF FLORIDA
' COUNTY OF BROWARD
The foregoing instrument was acknowledged before me this_day of
1996, by Charles B. Reed, Chancellor for the Board of Regents of the State University System
of Florida, on behalf of said Board of Regents of the State University System of Florida,who:
0 he is personally known to me, for]
❑has produced as identification.
."etM19A
F
Notary Public
My Commission Expires: ;
+�Yn x7r Jr:,.u. fil
Printed Name of Notary
�5� p Y erl4!
�fq'r^Y`a of bpi, v�'f
a '4 Notary Commission No.
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I SETTLEMENT AGREEMENT f 3
Execution Copy/February 16, 1996 Page 9
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LEASE AND LICENSING AGREEMENT
THIS LEASE AND LICENSING AGREEMENT made and entered
into this t6'�hday of January , 1981, by and between
A t�
" CITY OF DANIA, a Florida municipal
corporation (hereinafter sometimes
referred to as "City of Dania") ,
di i
> ' and
x! SATURDAY CORPORATION, a Florida corporation, h'hr
t its successors or assigns (hereinafter some- [r *f
times referred to as "Saturday") ,
c ?
W I T N E S S E T H:
i
City of Dania for and in consideration of the mutual
covenants which are hereinafter stated and in further con- s "
sideration of the sum of Ten and no/100 Dollars ($10.00)
t at
paid by each of the parties to the other, receipt of which ]10 " r
�� t� •j is hereby acknowledged, IT IS MUTUALLY AGREED AS FOLLOWS:
(1) City of Dania does hereby lease and/or license
p
1{•ft y,
31�ti F+t�`. to Saturday, and Saturday does hereby lease and/or license
from Cie of Dania, the following described Y � property situate, + (
lying and being in Broward County, Florida, to wit:
Block 203 and that portion of Ocean Drive
adjacent to Block 203, in HOLLYWOOD CENTRAL
REACH,� according to the plat thereof recorded in Plat Book 4,�Page 20, Public Records . s' rsta'e`
of Broward Councy, Florida, LESS chat portion naw,
of Ocean Drive adjacent to Block 203, as
. shown on State Road De artment Right ofqj�
,fit ` Y P, P c
" Wa Ma Section No. 86514-2601; and
j� 4z `i"3xi f That portion of Fifty-first Street (Cambridge
d=r L,
gra"' Street) adjacent to Block 203 as shown
' I-'5t. A,—
,,� on said Plat of HOLLY1400D CENTRAL BEACH, ly-
ing
''� '> East of Ocean Drive as shown on State
Road Department Right of Way Map, Sectiony
No. 8603-175; and , t
That portion of New River Sound as shown
on said plat of HOLLYWOOD CENTRAL BEACH, -
ofi
described ed as follows:
�� K• Commencing at the Northeast corner of said "x5 `vf �s
4 Block 203, run Southeasterly along the
• �jJA/ East line of Block 203, a distance of 53.45
1 feet, more or less, to the North face of
an existing bulkhead and a point of beginning;
thence, run Easterly along c-he North�'ace
of said bulkhead 186.6 6 feet, more or less, � F ' '.
" to the West face of an existing bulkhead; o
EXH181T thence, Northerly along the West face of.7,7
XYA
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Intracoastal Waterway and New River Sound.
Ix. C. City of Dania should apply to Home Seekers Realty - _
i •
Company (or its successor) and the City of Hollywood
y ... to obtain a release of the Deed restriction concerning
the property acquired from them in 1927.
d. City of Dania should apply to the State of Florida } .
(Department of Transportation) for a conveyance to the
I � ,
City of Dania whereby State of Florida releases to the
City of Dania all of the right, title and interest in / y
and to South 1/2 of that part of Fifty-first Street
(formerly Cambridge Street) which was recently vacated IF,
by City of Dania.
r3 r
e. The City shall obtain from the Department of Natural
1 )
t
Resources or other appropriate state agency a release
>t ,><� +, of all oil and mineral reservations existing on the
subject property.
The City of Dania shall immediately proceed
to clear the foregoing exceptions (a through e) . Further,
} City of Dania agrees to assist Saturday in the leasing l�MFgN
{ ssYS:w from the Department of Transportation of State of Florida
the following described lands:
y� " fi Lots 1, 2, 11, 12, 13, 14 , 15, and 16,
a3 Block 202, HOLLYWOOD CENTRAL BEACH, ac-
cording to the Plat thereof, recorded rR
lic
of Browardo County, Florida,�bsaidRlandss
situate, lying and being in Broward County,
Florida, subject to verification by ac- yY
curate survey to be prepared by M.E. Berry :, �x�`y< •'�;
and Associates, land surveyors.
5 N'
t °
(3) To the extent that any of the subject lands fall within , •�+e"�y,a"' �'_
the lands acquired by City of Dania in 1952 by Deed No. 20057 from 'G ✓r
the Trustees of the Internal Improvement Fund of the State of Florida,
* )
y); ( a«e+:♦ dated June 6, 1952, and recorded June 9, 1952 ac Deed Book 779, Page t + t ^ a r
t
373, of the Public Records of Broward County, Florida, this agree- 21
gd4Pr
ment shall be deemed to be an exclusive license or permit running
from City of Dania to Saturday and shall not represent an attempt
on the part of City of Dania to lease any of the said lands. Neverthe-
FU (4tM!
less, the exclusive license shall he for exactly the same Germ of •years ,
3
a .
7
fY
A
I
as the lease and any provisions in the within agreement as to
r .ti the rights of Saturday at the end of the term, regarding the
q - lease, shall apply not only to the leased lands but also to
any lands which are the subject of the said exclusive license.
k' t
ti
The fact that City of Dania does not have the apparent authority
to lease any of the lands falling within the lands described
in the above described deed and that it has only the authority
to grant an exclusive license concering same shall not be deemed
to be an exception to title. That is, the fact that Saturday
is receiving only an exclusive license as to the lands falling
within the lands acquired by said deed shall not be deemed an �-
exception, or objection, to title,
r �a s
The lease of the demised premises shall include the right w (7
to use all adjacent waterways, canals and water frontage as
permitted by the laws of the State of Florida and to the same
yS4 Rr '
extent that other members of the lit general public + Y�
+ ' - 8 p has a right
,I
to use same, If any par[ of such waterways,
,
canals and water , �„�y •.+
s j frontage lies within the lands acquired by City of Dania and { 9A-
Cr L f
forming a par[ of the 1952 chain of title, City of Dania grants i p�
[Y • ti '�` Unto Saturday,y, its agents, guests end invitees for the general
I4f: purpose of allowing guests, invitees and patrons of the demised
premises to dock their boats and vessels along .1.
any portion of
the licensed premises which constitutes water frontage.00.
W!t
�p yq If Saturday accepts the title on or about March 31, 1981,
either because all exceptions have been removed or because Saturday
•aW ' IX elects to accept the title "as is")�� r." (if there are still any excep- d"s�,y,4.
'"•'1' tions outstanding) , the parties recognize that there will exist
r � rz,sp: a period of approximately 270 days before the actual or beginning
date of the term of the lease. That is, if Saturday .....
is required " ^e
to accept the title on or about March 31 1981. Saturday, Or if
7,
voluncarily elects to accept title "as is" on or about March
rFr'�
31, 1981, and if the beginning date of X the lease term of 30 47a.`;LS'v iY� P1 �p9
years is January 1, 1982, there is an interval of approximately�'
-I
270 days between March 31, 1981, and January 1, 1982. The said
r'ram 4,"P e+�k>Y phi ' dyi
period of time of approximately 270 days is sometimes referred
to in the within lease and licensing agreement as the "beginning
�rho-rq,$fti 'E
feasibility study period." : •
a6� ,
'tom`
2
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i
7
F. TI
1
IV, ri
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(1) During the period from January 1, 1982, to June
f
30, 1984, inclusive (that is, during the first 30 months of
the lease and licensing term) , Saturday shall have the right
yl to raze and demolish the existing salt water
marinearium
structure at its own expense. The right to raze and demolishW.
r ;
" F the marinearium structure shall include the right to dismantle 'hSr�
Fand remove all related tanks, r
pumps, piping, lines and structures
and any other types of land improvements r*p vemenes which may have been
constructed in approximately 1964 as an incident tfi{ h r
' a of such co the construction marinearium structure,
If such demolished improvements
r•ti` kip, '. have any salvage value Saturday shall pay all sums received
"
C n
therefor to the City. 4�
(2) During the first 30 months of
the lease and licensing term, Saturday shall cause the demised premises to be improved
1F
a[ its own ex
� z
pense b construction
the
Y [hereon of a basic `
restaurant t 7 iti�
type of building so
ia ' �" "�"" `• 8 as to constitute a restaurant '
( h a
complex or restaurant enterprise of the scope and extent ,C"�
described
as follows:
"restaurant
prise' , as usedcomplex-- or restaurant enter-
herein, shall mean and refer to the general t
r ,y s yq ype of facility +`p '}� r which Saturdayhas 0 Llroposed to City�. w "� Dania since March 1978, for constru a q,.
bdYp Lion and operation by Saturday, c-
with the
term contemplating a aco a of construction
0'�'�7`r: •j' - and operation which would pF z
Y c allow
the construct' not only
��'
y ton of a restaurant and ban-
`�a-,1 1. quet facility, but would also allow the
�t' 5'„ r";mlypl'c construction of any and s11 types of related d,• " s
facilities including„ but not limited to,
gift sho s curio
nightclubShops, souvenier shops,
alls, cocktail lounges and an and ' x'
ocher types of incidentalfacilitiesSr "'
which would be related to, or
, he o compatible
with operation
s• ,�¢� rr P n of a major restaurant enterprise and
Dania restaurant attraction at �x Beach that may be approved b '
City Commission of the City of Dania from
a
time to time during the term of this agree-
ment. q
7
�4a In addition, at its
option, Saturday may also construct on
the demised premises whatever related wharves, boat docking s;
/ r facilities, if permitted b + •� rF�.""
y the laws of the State of Florida, �
nightclub facilities, paving, landscaping and related lease-
.
y
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y( �x. rt{J+ti 3, __ ryty �4 y ���SrR '` �d, "��• �i
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If
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hold improvements that it deems appropriate and compatible
with said restaurant type of building. For example, Saturday
ti
may construct facilities suitable to house gift shops, curio
shops, souvenir shops , nightclubs,cocktail lounges and any _
h � 1 and all other types of incidental facilities which would
be related to, or compatible with, the operation of a major
�ra
restaurant enterprise and restaurant attraction at Dania
Beach. Also, Saturday may, if permitted by the State of
' t'. •� jyt'��xt
$' Florida to do so, construct wharves, seawalls, boat docking x flr
t
F facilities, piers and related types of dock improvements s n
at any part of a waterway which is adjacent to the leased r• r
or licensed premises. All income derived from such facilities
shall be included in and be a part of the gross sales of S ��
, q irv� Saturday even though generated in areas not included in the
legal descriptions of the leased and licensed premises. Further,
Y 11 �.; YMF r a •_
Saturday may construct one (1) single residential type of
Mf
housing unit designed Co accommodate an employee or agent 4` •` G ```
of Saturday and not intended for rent to the public generally.
(3) Further, in addition to its right to construct ay
Y
all of the aforesaid types of facilities, which would be � "tl•y'�'
compatible with the operation of a restaurant complex or ,.,, K. -„
restaurant enterprise. Saturday may actually use the leased
and licensed premises as a place of business for the operation
of a restaurant and banquet facility and as a place of business
f "
:3 )ar d �tkt for the operation of related Facilities such as (but not
limited to) gift shops, curio shops, souvenir shops, cocktail
8 P P P
w �u(sk,et3 lounges, bars, snack shops, sandwich shops, food stands and
`, ......l f' ,; .. (/^
Du i o �M� c£0. Vln like food service facilities; however, no part of any said
s (.�?rt�i•. ;y�?' ('){� facilities shall ever be used or operated as a gambling casino
#� 4`/ of any kind or nature, Saturday shall have the further right
1 , � t •ti.p
.�° to construct and operate on the subject premises a swimming
pool facility and any and all types of parking facilities to �np"n � k% ,t
accommodate the employees, guests. and invitees of Saturday. f ,
V E
7
u
j u z a s ^'2., vT C �'*a� yn� I;
H
Y ''�, y .lp� Y !1 .r'�z'N4`1Fp'" '' ^�tv sd �;
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4
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. 1
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V.
(1) During the term of the lease and licensing agreement
' and after Saturday has had the opportunity to construct thereon
the leasehold improvements and facilities which are described
' in subparagraph (2) of paragraph IV, Saturday may use the demised
' and licensed premises as a site or place of business for the
operation of each and every type of use described in subparagraph
(3) of paragraph IV. During the term of the lease and licensing
t � agreement and with regard to the total area now known as Dania ti R
u'
<µf Beach, City of Dania agrees that the only other facilities at _ `Lv
said Dania Beach which may sell food and alcoholic beverages 'JF{
shall be the restaurant presently knoam as Dania Beach Crill
' yN and the restaurant located in the structure commonly known as {x;avt i
Dania Fishing Pier; however, notwithstanding anything to the i
contrary herein both said facilities shall be at all times material �'' ry�vi 7t oi�
.. �,
herein subject to enlargement and expansions (but consistent
with the scope of present usages) as the City may approve from
time to time. During the entire term of this lease and licensing
x a
x
agreement, and during any renewal terms, City of Dania agrees
that it shall not attempt to expand the hours, which are at
the time of execution of this lease from 8:00 a.m. to 6:00 p.m. , ,yeyyiyf +
H�' A (.
when the parking control created by the parking meters at Dania �i ,
j �W�; 5 Beach are in effect. The City of Dania further agrees chat such
x�aa`.> `^+, parking charges shall be reasonable. At all times during the
term of this agreement and any renewals [hereof, City of Dania
shall not construct toll gates, barriers or other types of devices A is
>'
s iM1 1
restricting the free access to all areas at Dania Beach and
'41 he only parking controls shall be accomplished through the
r"3 �Y�`r 3'tisri �� e of such parking meters. It is mutually agreed that one
�.!¢^�n ' : i''.•' Hof the inducements which has caused City of Dania to enter into
the within lease and licensing agreement is the commitment on
� Y
the par[ of Saturday to develop the leased and licensed prem-
ises in accordance with the scope and general uses set forth
8
in paragraph IV. Therefore, the rental provisions provided
EE h� by the within lease and licensing agreement are expressly de-
signed to encourage Saturday not only. to make the largest capital
r.5.3,�Cr�yyk �3�Y'i
investment economically feasible at the beginning of the leaseh'
A
{
U
Yl a
( `F3"
hc',r'r.F1 xk1 i, x
t and licensing agreement, bur is also designed CO encourage Saturday
to make additional and substantial capital investments throughout
the term of the lease and licensing agreement (up to its very
expiration date) and all renewals thereof. Oecause of the desire
of City of Dania to encourage Saturday to make maximum capital
expenditures throughout the full term of the agreement and regarding
' t the development of the leased and licensed premises, the amount
iq of the rents and revenues paid to City of Dania shall be a
f , per-
centage amount, related to gross sales or revenues derived by �4�h
Saturday and/or its sublessees, but with the percentage rate
being related to the amount of the capital investment, as herein
n '�+ it z
defined, made by Saturday during +
c the term of 'r,Af
agreement• the lease and licensing
, r ,
� 3
4 i (2) The to
� "capital investment" is defined
'� } ,• having the following meaning, herein as
Co wit:
"capital investment", as defined herein shallr1' �nir
i
include funds incurred or expended b
�,w "� k:• or its sublessees for the project constructedy
on the leased premises by Saturday architectural, desi n including
t ., construction and demolition eco costs, directattorn labor, Yy 3
fees paid in connection with clearing title [o
" the subject property and sewer lines toY' cost of extension, of water r''�` ft ^��
,.f,. Y Property, permanently affixed
? machiner and fixtures, f .
such property, directly related to
Further, "Capital inv shall ` , !�
4 estments' include not only w
t I °
all
abeginning so include
ptial investment amounts but shall al
i,
future capital investment amounts ended ex
P during the term + ' �
of the lease and licensing agreement or any renewals thereof.All amounts expended by Saturday subsequent to March 17, 1978,
,lY �
but prior to the acutal execution of this agreement may be
Y" included in the beginning determination of capital investment
+�pr +tit if such expenditures were
made forpreliminary1
and/or an architectural engineering fees of a nature related to the restaurant + f ;
enterprise. #
� '�'1'gg'yl�++At2'l• � +'✓ �i1`5, t��,q�M1 Oft�SS?�f
10
8
H4 }
� v
s
�}g t
M .{�
yy t
�un�}4$ 'rh •3a ne,a t 4 a ,., Y 3 Y✓t'ri° ,
(
', .\. ..c.. .-r spa �.. ✓•- l
4 r
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,!
1�.
i
(3) The parties mutually recognize and agree that the
' =f fiscal year of Saturday begins on December 1 of any given
` year and ends on November 30 of the following year. The
first months under this lease and licensing agreement for
all account purposes, shall be prorated or adjusted to December
1 of the first year that the agreement is in effect so that
n
thereafter, and whenever reasonably necessary in accordance e¢
'x with sound and recognized accounting principals and throughoutr'�"y
c the term of the agreement, all accounting reports, statements
Yp of a financial nature and fiscal data shall be related toP " ti
the fiscal year of Saturday (as stated aforesaid) , rather
than to a calendar year.
(4) Within 90 days after the end of each fiscal year
of Saturday, Saturday shall furnish to City of Dania a certi-
fication by the accountants of Saturday showing the balance
in whatever account is maintained by Saturday to show the F ,F;y�xta
amount of its capital investment, as defined herein, as of Nye
�i. u' 15�'j' r.�.�t"✓7
the end of said fiscal year in the total restaurant enterprise
which is the subject of this lease and licensing agreement.
V1. ;
(1) The term "gross receipts" as used in this lease
and licensing agreement shall mean all of the following sums + , '
(whether in cash, on credit or otherwise, and notwith-
standing
payable
S
standing that a collection of such sums may be made elsewhere
than ,on the premises or by someone other than Saturday, or t + +
that rights to collection may be assigned, sold or transferred „ 4 dswl
to any other person or business) including, but not limited
a; ` �Jzv to, the following:
(a) The selling price of all merchandise,
food or any other thing whatsoever, sold
on, from or through the leased and licensed
� � . premises by Saturday or any sublessee,
Slg S licensee or concessionaire of Saturday, BF ;ie '
whether delivered or shipped from the leased
and licensed premises or any ocher place 'z,�' w �"�
upon orders taken in or transmitted through �mW6r(
i�k'"17 s'j�* Puy''+tE
the leased or licensed premises or obtained pYrpp, y�x
by persons reporting to the leased and
licensed premises;
11
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IId >>�'�'�
1.
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(b) The charges made for all services rendered
on the leased and licensed premises by
•,, Saturday or any sublessee, licensee or
concessionaire of Saturday on orders taken
in or transmitted through the leased and
licensed premises or obtained by persons
reporting to the leased and licensed prem-
ises;
' } r (c) The amount of money paid by customers, i
patrons or users in connection with any
use or occupancy of the leased and licensed
premises or any part thereof or any instal- r<.'�
' lment therein, including, but not limited
�4t to, coin-operated devices and facilities
. , on the leased and licensed premises . h
N
(d) The amount of money paid by customers, ;m 'i"r `
` oatrons and users in connection with the `?r
rental, leasing or other occupancy of the
+� leased and licensed premises or any part �1' 4"4"
1
r r thereof;
(a) Finance charges collected by Saturday A, r� "
on credit sales; and
(f) The selling price of all alcoholic
,'•,:•
fi beverages.
[Credit Sales shall be deemed to be gross
ri (sales made on the date when sale is made
[on service rendered, or items sold. Pro-
[vided, however, in the event that any
K. [sale made by Saturday, or any sublessee, ] u"•�
" (licensee or concessionaire of Saturday
(for which the renumeration paid to Sat- J '
[urday by such sublessee, licensee or
�dy« [concessionaire of Saturday is by way of ] 's
� (commission or fee, then and in such event
�"*1 the amount of such sale shall be limited
>° (to the amount of such commission or fee
�"+- [otherwise paid to or collected by Saturday] Tian,
for such sublessee, licensee or concession-]
- i
[afire. ] ,• .¢C
a
(2) There shall be excluded from gross receipts all
H{
sales or use taxes which Saturday is required to collect
from its customers and remit to any governmental agency or
body.
A yti
(3) The following shall be excluded from gross receipts:
(a) The amount of any cash or credit refunds f
� Y or allowance to customers, to the extent Off �s ti�� yli&fit{
ny
such amounts are included in a previous L�,✓, r,t`��� � �F�
gross sales statement.
r -; (b) The amount of any customary, bona
"•"' fide discount allowed to an employee co
.. ,`xYTp}1,i,.�1y pT�'t)2'Cr �1Y7w
12
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01
4s
fi"cl + : a y�,tw r•
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j2zt
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5
' the extent included in gross sales, pro-
'� vided that such deduction is claimed in
the same gross sales statement as the sale
`. co which such discount applies.
(c) Receipts from the sale of waste or
'.; scrap materials resulting from Saturday's _
h..`- operations on the leased and licensed prem-
ises.
(d) Receipts from the sale or trade-in
value of any furniture, fixtures or equip-
' men[ used on the leased and licensed premises.
' tr ; (a) The amount of an gratuities given by
c patrons to employees of Saturday.
' (f) The cost or value of food and beverage
used for promotional purposes, and for which
no renumeration is given or collected.
Y
( ) The amount of any rent from sublessee
. to Saturday if Saturday is paying to City
of Dania a percentage rental amount baseda "* ;
upon gross receipts of said sublessee. ,
�v c
�'h.r' • (h) Credic card fees paid credit card companies.
r
a VII.
YN
x °�+ ti�• " (1) The rent to be paid to City of Dania by Saturday shall
rv,
rr�< dot;°r1 be the dollar amount resulting from the applicable percentage
rate (to be derermined in the manner hereinafter stated) multi-
H
1 t t
a , kF� ,y plied against the gross receipts of Saturday (as defined in n,
paragraph VI) , with the percentage race being determined for k f
any fiscal year of Saturday by the amount of the capital investment
i
of Saturday at the beginning of such fiscal year. That is,
�c v
fr .. in order to induce Saturday to make as large a beginning capital >+yrr{y3
investment as may be reasonably sound and in order to induce
ail
Saturday to make further capital investments throughout the
entire term of this lease and licensing agreement, and any
renewals [hereof, the rent to be paid by Saturday shall be 4 1 �rc
a percentage of its gross receipts. However, the percentage
shall be a variable percentage rate which decreases as the r,
amount of the capital investment increases (which is consistent
ys with the concept of encouraging maximum capital investments) .
The following is a table which shows the percentage rate which
+' 1' „E •1 5f'4�'
�y� • shall be determined for any fiscal year by relationship to
13
. 4 _
Z77
s. 3 r •,
�+,�+�•pqq� S � �F � aY�}y......... .�_ —— � :. n 'u�4*yh^�p y�"ha�"`°s•r
�" $41s��°✓( .�T1`J ;_`' � �, ,; sfi ..., s 1i .r ' ' en 4 t�}`n r'}rs8.��s" ('""n%=! a") Q -',a1
l
+ r'� f T �.. .S� � b�i ��^�r rw• +...row r..:! _ � ,r
1
e
the amount of the capital investment at the beginning of the
)' fiscal year:
Percentage Rate to be
+ Applied Against Gross —
.r Capital Investment as of Begin- Revenue for Such Fiscal
'k ninR of Any Fiscal Year Year, to Determine Rents
Due City of Dania for Year
k _ Any amount not exceeding $350,000.00 67.
Any amount not less than $350,000.01
1, and not exceeding $500,000.00 5% if'`
Any amount not less than $500,000.01
and not exceeding $750,000.00 4% « x
Z Any amount not less than $750,000.01
i
and not exceeding $1,000,000.00 37.
,
Any amount not less than $1,000,000.01
x and nor exceeding $1,400,000.00 2.5Z
wr ai.z.
Any amount nor less than $1,400,000.01
rc: and nor exceeding $2,000,000,00 2.OZ
IN r'
q f Any amount exceeding $2,000,000.00 1.SZ ' x
tag
(2) During the term of this lease and licensing agreement,
ft' r j1�l xr and any renewals or extensions thereof, Saturday shall pay unto City
of Dania a rental for any fiscal year of its operations whichs3
is equal to the proper peecentage rate (as determined in the
Jai Ar.
4r� '�„i_ previous subparagraph) multiplied against the gross revenues
° derived by Saturday from the operation of the enterprise at
W'T'D�r.} a Dania Beach during the fiscal year. For example, if the capital
�{irk
investment at the beginning of a fiscal year (end of a previous `szr
4 y1t ', fiscal year) is $400,000.00, the percentage factor for such
fiscal year shall be 5% for the purpose of computing rents
due Cityof Dania. Continuing with such example, if the Y P Rross
Si b' s11�3° i( ca
revenues during the fiscal year were $1,200,000.00, the rental
tobe paid to City of Dania during such fiscal year would be
$60,000.00 (that is, the result of multiplying the gross revenues r ".
+ n�§j r}yr/j3 of $1, 200,000.00 by the percentage factor related to capital
s �
`t` ;1rs's investment of 5Z) . The rentals shall be payable quarter annually,
within 45 days after the end of each quarter during the fiscal{ r Y �
�Srsw ' r year of Saturday.
�vu 14
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si
a,
' { a 7 r ¢ '�, , .air x 1 e , �w5•yh`I`� Ay Ilk
y�l ��i
— 1 C^ H �v
5�
r
I
a .i 'G.V-Y.z....,✓. .A r'4.
Is
r a
r As such quarter annual rental payment is made, Saturday shall certify
to City of Dania the amount of gross revenues or gross sales during
a particular quarter and shall show with a simple statement the basic
computations showing the amount of rentals due City of Dania. During
v the course of a fiscal year and as such quarter annual installments
are paid, the percentage factor shall be based on the capital investment
•t. - at the beginning of the fiscal year.
(3) At any time during the term of this lease and licensing agree-
menc, City of Dania shall have the right to instruct its independent
xC e
auditors (provided [hat same constitute an independent accounting firm
rY employed by City of Dania to audit its own books and records) to meet
with the accounting representatives of Saturday to conduct jointly w
reasonable auditing procedures and auditing checks to verify the accuracy �E~
of the rental determinations made by Saturday. Generally, such auditing T('t �~ i ',r•
procedures which may be verified by City of Dania are [hose which t
will enable City of Dania to verify the balance in the capital improve-
! , mencs account, from year to year, and to verify the amounts of gross
Y
revenues. Saturday shall record all of its gross sales, made in the
ordinary course of its business regarding the restaurant enterprise, on
r ,
5 i "• cash registers which contain cumulative tapes and with a cumulative
m
capacity that is satisfactory to City of Dania. Such cash register
M {,� � i •' 4 tapes shall be made available to auditors of City of Dania at all >_wn
t
y reasonable times which such auditors may request to examine same. r" * °
(4) Commencing January 1, 1983 the minimum rental which shall "I
be paid to the City of Dania shall be at the rate of $3000000 per
,
, . +;
Y.�i�Nhtl Fx f� {
fiscal year of Saturday. This is, if the formula to determine rents yob + 3
Natty } r (multiplying revenues by the proper percentage rate) does not pro-
" r duce a minimum rent due Cityof Dania of $30 000,00 per fiscal' year,
Saturday shall, nevertheless, pay a minimum rental of $30,000.00 '+ r
� Per
4 ,rt fiscal year to City of Dania to be +
prorated for any period less than
a full year. No rent shall be due and payable for any period prior
..
to January 1, 1983 during an antici aced planning and construction
P
+, niQ ttwi phase; however, subsequent to that date Saturday {P shall pay said
minimum rental rate of $30,000.00 per year even though the leased
FA^ll and licensed
censed premises may produce no revenues to Saturday during
6 9
hn�t,A, `f S,!' y� )u� r4 ✓ ., y1p 4
15
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rvqq r�
:u'gf�dtr� . .ti
mt
.' .'��`•4�1`.G�y9�a. .a
�s ��n
(��Aj+�i37��j%� F���+r1� + ', ,;` ..-r.". .}�i . ..Sir.,•. t v . �` t { x i +G t t �+����i('� 4 qS �;
vc �� - _
�A1
{ Ina tx {
'J����"'`A��'.`� ='e'' . ^%:Y � , }. Nam-�ir:'� Sti.....c:. .fY...•..,.-� ..
G
0
I
3
r. the offer of Saturday and lease and license the property
to the third party offeror, Saturday
, as the lessee and
y %F licensee under this beginning lease and licensing agreement
:v, r
(or any renewal thereof) shall be entitled cc receive (in
' cash) from City of Dania at the expiration of the lease
and license term - - and provided that Saturday is not then
. r
o- in default under any of the terms and conditions of the
t f lease and licensing agreement - - an amount equal to the
' difference between the appraised value, (which is defined ,rfI
as fair market value as determined by a member of a nationali? rl
F`K appraisal association) of all leasehold improvements made
r ; during the entire term of the "agreement (with the appraised , i
value to be determined at the and of the agreement) and
C the accumulated depreciation taken by Saturday on such leasehold �5'
r
improvements during the term of the agreement (and duringb
the term of any renewals if Saturday has renewed the original
agreement) . Specifically, without limitation on the foregoing I� rrr#.� ii
and merely as a statement of general intent, is is one of (�' ° vi
'Jill . , ` the purposes of the within subparagraph to grant unto Saturday
a �:;; - the right to recover the difference between the appraised
value of all leasehold improvements made by Saturday, (during I•�r,r
the entire term of this lease and licensing agreement and
rr•r` 'tryi `�.
any renewals thereof) , and the accumulated depreciation d•�
x
taken by Saturday on such leasehold improvements during
a
the term of this lease and licensing agreement (and any renewal •��
thereof) all on the premise and general understanding that
Saturday negotiates in good faith with City of Dania tq
w e renew the lease and licensing agreement for a renewal term
(having the same term of ears as contained in any offer
y
fn '
from a third party offeror) and on the further premise that k s
an<�-� City of Dania then elects to lease and license the property u P P Y
in question for a term of years to a third party lessee
"yt �, g{p fT (i;Yyt and licensee, notwithstanding the fact that Saturday has �r .. y v, i
.4
a n> t d1 W
?ak +` offered to renew the lease and licensing agreement under
the same terms and conditions as are stated in the proposed lease and licensing agreement between City of Dania and h
,
the third party lessee and licensee. Further, if at the
17 CIO
2.
T
d �.�. °iM� vti �� ts. ,• 'a.... __ '» f h .� ,tr ,kl �iYr A",
bl - "it,J
D 7T
i
r ,r expiration of this original lease and licensing agreement,
or any renewals thereof, City of Dania itself elects to
r Y ' operate the enterprise originally the subject of the within
,
lease and licensing agreement, Saturday, as the original
4
' lessee (under this beginning agreement or any renewals chereo`)
shall have the right to recover the difference between the
appraised value of all leasehold improvements made by Saturday
and the accumulated depreciation taken by Saturday on such
�s
leasehold improvements during the term of this agreement.
^ �
(3) The aforesaid provisions in the previous subparagraph w�„
(2) , concerning the right of Saturday to recover the difference � ) ,
between the appraised value of all leasehold improvements + „�+
and the accumulated depreciation taken by Saturday thereon,
shall be referred to generally in the within subparagraph �;(,s
v rA
t ,
as the "recapture rights". Subject to the express terms
E � , t and conditions stated in the previous subparagraph (2) , Saturday
has the said defined recapture rights against City of Dania ,i, E�iF , r
in the situation where Saturday (in general terms) is willing
_ to match the reasonable offer of any bona fide third
party offeror to lease and license the premises at Dania Beach
(upon the expiration of this agreement or any renewals
ft,-,��' i._' - thereof) and where, notwithstanding the offer to match
of Saturday, City of Dania elects to accept the proposal °
of the third party offeror. Further, similar recapture
rights exist if City of Dania elects to operate the restaurant `
1't� J�, enterprise itself, or for its own account, after the expiration
9 p.17rq
of the within agreement, or any renewals thereof. Until
such time as City of Dania may possibly decide that is desires
z,
r
f �x�f�y)rk`ar+{t4, to accept the proposal of a third party offeror (notwiChstand- r r.
, � s
`;, ing the offer to match of Saturday) or during the interval
e
�^ of time while City of Dania may possibly elect to operate
the restaurant enterprise itself, or for its own account, Ir ra".
all after the expiration of the within agreement, Saturday
0/ shall continue in possession as a tenant on a month to month
y , basis, with its recapture rights remaining in full force
and effect while it is a tenant on a mooch to mooch basis,18
°ryF 1
Ei
i
S �f
J ig•.trd u n 1
�..;ry„��S
,p ,� � �.r4 ly � "+, •"�.�_._ ___—_ e h A y hpY3`4F 'y�'iE S . :,�
az {� �iq•V'�.)�tt��`� �x 'r �,` -- '�. _, �"' " 4. " ;���chr+ws�'{�� 'LS.3y o tY�� p'�n
` f:N,FiO.P i �L. } � r 4>` . ., • ._ � .,n 1('�..,�'i4E"� A�"1
��c fis x
r.
.� and until such time as City of Dania makes a final decision
s
as to whether it wishes to accept the possible proposal
` ! — of a third party offeror or, alternatively until City of
w `•� Dania decides whether it might elect to operate the restaurant
`r enterprise itself. Specifically, and without limitation
on the foregoing, is is the general purpose and intent
sks to allow Saturday to remain in possession, as a tenant on
a month to month basis, until such time as City of Dania
a'
elects what course of action is may wish to follow regarding
713., L the restaurant enterprise (after the expiration of the within
agreement, or any renewals) and with the said recapture
4
rights to be fully effective until such time as City of
Dania does make some decision or determination in the matter, 1 e 4
IX. 4t^i n
K.r
+t Saturday shall pay all real property taxes and/or intangibleAl
taxes attributable both to the land and the imorovementsf
constructed thereon and all personal property [axes during �;b !,
r nos ,
r ` the term of this agreement or any renewals or extensions
thereof. Saturday shall receive a credit against the rents
as herein provided to be paid for all that portion of such rr,ka�
", fr
taxes that are received by theCity of Dania.X.
c
City of Dania and Saturday agree that the most feasable
4 t�i � k
way of furnishing water and sanitary sewer services to the
leased and licensed premises may be determined robe through
ti
connections to the lines of City of Hollywood. While Saturday °n "
Y +
shall always have the expense of paying for the cost of
any construction and extensions of any type of water and
� y r is
sanitary sewer lines, City of Dania shall always cooperate { +
Mjt b4'1 , iTv ' t{
L
with Saturday in such construction and shall grant reasonable
" r w'j
'f'�rj 3yM,rt �;;= easements over its remaining lands at Dania Beach (to accommodate r .;
t 1 y�l' 4.i x t "• !J xa f i ki
,a,' .�`
�� the location of any required water and sanitary sewer facilities)
n .x
regardless of whether water and sanitary sewer service is
i/'L re8
S .i3 'yfF +�w, �� obtained from City of Hollywood or by an extension of water
and sanitary sewer lines from the main part of Dania. If
it becomes necessary to enter into any type of agreement
with City of Hollywood regarding the furnishing of waters ,
.�y g{�'2i'�iF ytr �—�."16^�ra �x._..._ _ _ . _._.__ '� . �� ri �C�� •}F�� "ad�`�� �`�
'Yen tN'*,ikr_'t1.'A .a .:x,.rr_..u<c
l
;i-
i
I
w "• obtained insurance in the type, amount and classifications
yt,
as required for strict compliance with this lease and licensing
agreement. No material change or cancellation of the insurance
shall be effective without 30 days prior written notice
to City of Dania. Said policies of insurance shall specifically
i
declare City of Dania as an additional named insured. Renewal j
u +
certificates or appropriate riders shall be furnished City � .
of Dania from time to time during the term of this agreement
;>! such as will demonstrate continuous coverage during the •' a + '
,. term hereof.
XIII.
a
`+ Saturday at its expense shall purchase and keep in
full force and effect during the entire term of [his agreement
5'
or any extension thereof, fire and extended coverage insurance r"+E.x� s �'•
on any improvements constructed on the leased and licensed ayp
{
premises as well as on all furniture, furnishings, fixtures
t and equipment situate thereon and including all replacements
thereof in amounts equal to eighty percent (SOZ) of insurable t
value. Said policies or certificates of insurance thereon
w
shall be furnished City of Dania from time to time so as
S
�t t
to demonstrate continuous coverage during the term of this
*'!( agreement. Said policies shall be written for the benefit
of City of Dania and Saturday.
XIV.
In the event of destruction of or damage to any of
the leased and licensed property covered by insurance, the
fy4 T I+t .• Yti'4
xrn '"• funds payable in pursuance of said insurance policies shall
be deposited in a commercial bank located in Dania, Florida,
selected by City of Dania, as a trust fund, and said funds
a �
x`i rh shall be used for the purpose of reconstruction or repair
c
as the case ma be of any of the buildings, improvements
y
or personal property so damaged or destroyed; however,
f,, f �•-v,yl ly���e2V°x
''y21
y v + !
Y
r
l
Y
t{
f
such reconstruction shall not be necessary if destruction
+ ��} occurs within the last year of the term hereof (or any renewal
thereof) in which event said funds shall be used to remove
the remaining improvements so that lands will be left clear
and free of debris. All remaining funds shall be paid to
y Saturday. `
+�
No responsibility shall rest upon City of Dania by 't y
1 reason of the condition of the premises nor the equipment
w and structures to be located thereon nor shall City of Dania ka5"i
zbe liable to Saturday or any of its patrons, customers,
y, agents, servants or employees by reason of the condition
of the premises or any improvements, equipment or personal
i 1 property situate thereon. Saturday shall indemnify and Oi1ra `
? l� hold harmless City of Dania against all liability and expenses,
including all judgments, court costs, investigative expenses,
°L attorneys' fees and other charges arising from injuries
+ � � Co the persons or any of its patrons, customers, agents,
servants or employees on or near the leased and licensed
+i li.x
premises or arising from property damage during the term
rt of said agreement or in any manner arising from the negligence '^ t "
of Saturday.
XVI. QarN
Saturday may assign this lease to The Carrousel Croup,
Inc. , without the consent of City of Dania. Otherwise,
Saturday shall not assign its interest in this agreement r J
without prior written consent of City of Dania. However, + `
f
City of Dania agrees that it will not unreasonably withhold r
giving its consent if the assignment shall be for a use
compatible with the uses permitted hereunder. Further,
Saturday may sublease portions of the leased and licensed
f:
� trcl *w•. ..� J v1✓ qh yyy .
premises wi[houc obtaining the consent of City of Dania.
7
"�1,Y`�w,��^•�"{� Further, Saturday may grant incidental or miscellaneous
r
tea p concession rights to independent contractors without first 3>
r Y a U
h' . obtaining the consent of City of Dania. At all times, Saturday '` j'r3*`,i� 3, 1b ,�:.
shall have the right to assign all of its right, title and 4"�
1 V
zz
i
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t 5`y,t�d1'�� 1 ° , ° < R 'a r ♦,
d� ' t M}' F
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1.
t
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f
61
t
.;; interest in and to the within agreement, as collateral, to any
type of institutional lender for the purpose of securing a loan,
or loans for construction purposes or working capital needs.
XVII. !�
Saturday in the use and enjoyment of said leased and
licensed premises shall comply with all governmental regulations,
statutes, ordinances, rules and directives of the federal,
r state, county and municipal governments having jurisdiction
!
over the leased and licensed premisesand the business being
e � conducted thereon.
> XVIIl.
Failure of Saturday to promptly make all payments of ' '�
v ° rentals, charges and fees required to be paid herein shall
r constitute a default, and City of Dania may at its option
terminate this lease and licensing agreement after 30 days
;
w � notice in writing, unless•che default be cured within the '"�'� ''�'' '
a
'` �� "
notice period. Failure of Saturday to comply with any other �A �c.�9� 4
covenants of this lease and licensing agreement shall consti-
tute a default, and City of Dania may at its option terminate +I�•�"y ,
this lease and licensing agreement after 60 days notice in yt
y, writing, unless the default be cured within the notice period, , 4'
r
or in the event such default cannot be cured within such period
! { �+ of time, unless Saturday shall commence to cure same within
such period of time and thereafter prosecute the work incident
thereto uninterrupted and with diligence to conclusion. Add-
y,
A ` itionall be happening
of any of the following events shall
H !
constitute a default by Saturday and should they occur, this
orb
lease and licensing agreement shall automatically terminate;
R�'Y yr abandonment of premises or discontinuation of operation (other F(� �Iv—
r
fix✓! d S� - £ :
than discontinuation of operations involving normal hours of
yJ
�yu+� , t� closing, seasonal closings or resulting from the necessity. to ,t
repair or rebuild) , filing by Saturday of bankruptcy proceedings, G
L
ydr "sk I plan of arrangement, reorganization, composition agreement
or any other proceeding under the Bankruptcy Act or other
la available statutes and'Sacurday not secure a discharge therefrom
e
within 30 days.
23
x �
{ r
Y •,y'1'
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C.
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R �l 4 '.: ✓ .. � i xs.r `Vx�y u + k, P
9µ� h� '4cf'.� r d^ L..F � isW:4 r ., .+ 43 ^o " :S't. r i "' . �.,'� ..� .. t.. ai`�j'ari. L ,..awn 4, `:d
i
t
Sa
.r
XIX.
? City of Dania or any of its authorized agents or employees
t S; shall have the right to enter upon the leased and licensed
a,.
reasonable hours to inspect same for any reason
premises during
Qex or in order co make inquiry with respect to or ascertain whether
u
ti �sa Saturday is complying with the terms of this agreement. In
exercising its right to inspect as provided for herein, City
t d
y l4 of Dania agrees that such right of inspection shall be conducted
i
so as not to interfere with Saturday's occupancy of the leased - 3 +
;( and licensed premises or any business being conducted by Saturday ,
s � s
thereon. SK+.>'•�'°u }i� v:.
n _ XX.
F4 t� �tF'C
The rights of city of Dania hereunder shall be cumulative
and shall be in addition to rights as otherwise provided by
the statutes of the State of Florida. Failure on the part
of City of Dania to exercise promptly any rights afforded it
by said laws shall not operate to forfeit such rights. In ,+ C r
F yy'
`'u rsi y° s the event Saturday should default hereunder and should said c4
1(F k
default not be remedied after notice and the lapsing of time , ! '
rNN provided for in paragraph XVIII above,City of Dania shall have
the right to accelerate and. declare immediately due and payable,
all unpaid rents provided for herein. I
++ ° ^�'';2, This lease and licensing agreement shall be binding upon
the parties hereto, [heir successors and assigns. +� ,
�i.aE`�rl ?St7l XY.II. 'e ! '
+^�tl' �j Saturday shall surrender up and deliver the leased and
a k
FyafF F vy licensed premises to City of Dania upon termination of this
agreement. Provided is is not in default hereunder, Saturday ;
shall have 30 days following the end of the term of this s1`
i Wt�
s a�
§C37t3ruyy;$r agreement, or any extension hereof, within which to remove
all of its personal property from the premises and in such
case Saturday agrees to restore the premises to the condition
� < chat prevailed immediately prior to the removal of such ,personal
. za
tlA. �, hil
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n •,
.�41
4dF t
°{9 ��ilXo�b�'��'� t �'� . vT"'•r.�._.�v '. u 1i
—..-
' bF�'�+gwa��ry��•,n �. ,.k
1 '
t t
I
j
If
' property as might otherwise be required by the terms of this .
* agreement.
M
XXIII.
AiIt is understood and agreed between the parties hereto
+'ttM that time is of the essence of this agreement and this shall
�w apply to all terms and conditions contained herein. .. i .
XXIV. rrr
M. All legal problems arising out of the execution of this ,.F?4;r�
tY �' agreement and any action involving the enforcement of interpreta-
tion of any rights hereunder shall be governed by the laws27
F r 1
of the Stace of Florida. In the event that it should become
necessary for either party to enforce its rights under they7V�`
v � (
terms of this agreement by resorting to court action, the
prevailing party shall have the right to reimbursement for
the costs and expenses, including reasonable attorneys fees,
* tr wy
From the party against whom such rights are asserted. �anrkrp� r
i XXV. w�o tr y
i - If, at any time during the term of this lease and licensing
� a <
1�
agreement the legal title to the leased and licensed land ��€,.�
or the improvements located thereon or any portion thereof
be taken, appropriated, or condemned by reason of eminent
domain, there shall be such division of the proceeds of award
+ Y{
in such condemnation proceeding and such abatement of rent C' -�-` •.'
d
and other adjustments made as shall be just and equitable
under the circumstances. If City of Dania and Saturday are
rF't �P st�a•. .
tt
unable to agree upon what division, annual abatement of
rent
or ocher adjustments are just and equitable within 60 days
after such award shall have been made, Chen the matters in
L�J�a, e�+` '+t � i s i� ✓r
st'r �f/1 dispute shall be by appropriate proceedings, submitted to
a court having jurisdiction of such matters and such controversy
F T��r 1Xh•��.. �1 .1 � ( :F(l 1
for its decision and the determination of such matters inal-
,
s fi k�+�kL}5
dispute. If the legal title co the entire premises be wholly
r,
1 xJtis>i�,�; z•n t
taken b condemnation proceedings, this agreement shall be Y P g B
25
4vv 1
�r v
it
r tH 77777771
.5%1 K/tK4jv, 41' fit\ `i Y.3
53� 15t mµ
Oqt ficr" ...
1 +
:.
notwithstanding such suspension of operations and abatement of
�} rental payments, the rights of Saturday under this Agreement shall
' continue in full force and effect, as vested property rights, and
, ' • until such time as conditions return co normal so as to warrant -
perations. Further, at all times, Saturday
a resumption of o
shall have the right to cancel or suspend (at is notion) this agree-
! men[ if it cannot secure water service, sanitary sewer service,
electrical service or other types of utility services or if it
x
iT cannot enjoy reasonable means of access to the leased and licensed
� 7 • � premises. In the event of a suspension for such reasons, all rental
i
payments shall abate. '"'`. y
sp
u XXIX.
Exhibit A co the within lease and licensing agreement is
hereby incorporated into and made a part hereof to show the Limit'•
ry. lrtG.�
` ' �T�•"t background, basis, premises , history, definitions, legal authorities ra
t
i V
and beginning circumstances which form the basis of the within
lease and licensing agreement,
XXX. {
r
This lease and licensing agreement has been approved by
Ordinance No. 256 adopted on second and final reading by the x�t
f v k f• 'i� - + �k i
):y,, City Commission of the City of Dania, Florida, on the 13th j ;fk
rr
day of January, 1981. �"`�"' ,
IN WITNESS WHEREOF, CITY OF DANIA, a Florida municipal
r "
-
� )��w� ��� corporation, has caused this lease and licensing agreement to
be executed in its corporate name by James C. Adams, its Mayor- r
y
Commissioner, and by Richard Maranc, its City Manager, and has ti•
further caused its corporate seal to be affixed, attested by
Wanda Mullikin, its undersigned City Clerk - Auditor, on [his
j
Y,
/ �) day of January, 1981.
.�• d s , SN ` Fr ,,, SA
IN WITNESS WHEREOF, 'fUA.DAY CORPORATION, a Florida enrpor- f
- ation, has caused this lease and licensing agreement to be
v.•51kYr�,,� 1> ,
executed in its corporate name by Stephen F. Snyder, its
� its undersigned
undersigned President, and Owen P. Bell, ti �4
IN
2 7
Z
� ` 1
ti
N�r54� '.� .�,•
y I
v.di"/ K�r �Y. l� , ,yh r... .—�a>'F py#Y'. ..,.�, r ,"�' ,� .c � v1 ♦t �"'OP�, F ����
- ur•�<mYT ,l �hr s, , >rs.•.......�_.�.. "a _ ,J ,l
:Y
r
i
-CANCELLATION OF 1981 LEASE E ND LICENSING AGREEMENT
AND SUPPLEMENTS
This CANCELLATION OF 1981 LEASE AND LICENSING AGREEMENT AND
` SUPPLEMENTS by and between the City of Dania ("Dania") and The Aragon Group, Inc., a
Florida corporation ("Aragon") made and entered into this day of
1996.
WITNESSETH:
WHEREAS,, the Saturday Corporation and Dania entered into the 1981 LEASE AND
LICENSING AGREEMENT dated January 16, 1981 between City of Dania, a Florida municipal .
corporation and SATURDAY CORPORATION, a Florida corporation, executed on January 16, ,
1981 and recorded February 4, 1981 in Official Records Book 9396 at Page 720 of the Public "
Records of Broward County, Florida, and
Assignment dated February 16, 1981 by SATURDAY CORPORATION, a Florida
corporation to CARROUSEL GROUP,INC.,a Florida corporation of said January 16, 1981 Lease ry
and Licensing Agreement,which Assignment was recorded July 14, 1981 at Official Records Book f c
9688 at Page 378 of the Public Records of Broward County, Florida, and ytyt
\VaJ
st First Supplement dated November 15, 1982 between the City of Dania, a Florida municipal
+J J I L corporation and the CARROUSEL GROUP, INC., a Florida corporation to Lease and Licensing ,xtx
Agreement dated January 16, 1981 which Supplement was executed February 3, 1983 by the City
' of Dania and February 14, 1983 by the CARROUSEL GROUP,INC. and recorded February 15, f `
1983 at Official Records Book 10675 at Page 641 of the Public Records Broward County,F r '�f�
w s o rowarlorida,
and r
41/ rt
Second Supplement to January 16, 1981 Lease and Licensing Agreement between the City R"
< „ of Dania, a Florida municipal corporation and the CARROUSEL GROUP, INC., a Floridan
corporation dated October 9, 1984, executed November 20, 1984 and recorded March 7, 1990 at +
Official Records Book 17221 at Page 638 of the Public Records of Broward County,Florida, and
+
CARROUSEL GROUP, INC., a Florida corporation Articles of Merger with the Aragon '
4, Group,Inc.,a Florida corporation Certificate of the Department of State of the State of Florida,dated
June 3 0, 19 87 and recorded August 1, 1987 in Official Records Book 14673 at Pages 0256 and 0266
' of the Public Records of Broward County, Florida, and
;r Additional Second Supplement between the City of Dania, a Florida municipal corporation
and The Aragon Group,Inc.,a Florida corporation dated March, 1990, executed March 5, 1990 and
VIM`2 ay
"n• ,fi��. ' } CANCELLMON AGREEMENT Page 1
§l, itr Execution Copy/February 16, 1996 h
s;fW nh"'f+f"i=` J:\ar30On'CanCel.ag.? t
uy±P„}rf
EXHIBIT
r yllrr hXtr'i rx 2 v F t't�
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4f y�9rYy�l�$�j R+
77
'�ikgN="G'waFEary.P�'l�ti�
fi f7. 5 C pfvy,.,�A
f�Y•r��I ,� fir��I.
J A
�.
it r+ . r
V EY
reference to rules governing any conflict of laws.
4. The determination by any court of competent jurisdiction that any provision of this
CANCELLATION OF 1981 LEASE AND LICENSING AGREEMENT AND
SUPPLEMENTS or any agreement entered into in connection herewith is not enforceable in
accordance with its terms and conditions shall not affect the validity or enforceability of any of the
remaining provisions; rather, any such unenforceable provision shall be stricken or modified in
accordance with the Court's decision, this CANCELLATION OF 1981 LEASE AND
LICENSING AGREEMENT AND SUPPLEMENTS,or any other agreement to be entered into
y. + in connection herewith,as modified,shall continue to bind the parties thereto. Anything contained
" herein to the contrary notwithstanding, in the event any such decision of the court shall cause a
material element hereof to be unenforceable in accordance with its terms and conditions such that
an inequitable and/or unconscionable circumstance would result,then,in that event,any party hereto 31
may apply to any court of competent jurisdiction which court shall have the power and authority to y
modify the remaining terms and conditions of this CANCELLATION OF 1981 LEASE AND
LICENSING AGREEMENT AND SUPPLEMENTS in order that any such inequitable and
unconscionable circumstance may be eliminated to the fullest extent possible. 1 '
; 1 +
a " 5. This CANCELLATION OF 1981 LEASE AND LICENSING AGREEMENT �
AND SUPPLEMENTS may be executed in one or more counterparts, each of which shall be { 1
deemed an original, but all of which together shall constitute one and the same instrument.
� 6. This CANCELLATION OF 1981 LEASE AND LICENSING AGREEMENT � +
k S"
AND SUPPLEMENTS among the parties consists only of the express written terms and conditions ,
I set forth in this CANCELLATION OF 1981 LEASE AND LICENSING AGREEMENT AND
ti
SUPPLEMENTS or any other agreement entered into in connection herewith. All understandings 1
and agreements heretofore made between the parties have been merged into this CANCELLATION
r
OF 1981 LEASE AND LICENSING AGREEMENT AND SUPPLEMENTS,which alone fully
r and completely express the parties understanding. There are no promises or agreements, oral or
otherwise, inducing entry into this CANCELLATION OF 1981 LEASE AND LICENSING
AGREEMENT AND SUPPLEMENTS, EXCEPT ONLY AS EXPRESSLY SET FORTH IN
t
+ WRITING HEREIN. THE PARTIES ARE RELYING ONLY ON THE EXPRESS TERMS, r
.?' CONDITIONS AND AGREEMENTS SET FORTH HEREIN. THE PARTIES FURTHER AGREEIF�,
u THAT ANY PROMISE OR AGREEEIENT,NOT EXPRESSLY SET FORTH IN WRITING AND
SIGNED BY THE PARTIES, CANNOT BE RELIED UPON AND WILL NOT BE VALID OR
{ ENFORCEABLE.
+ 4 .
f
( 7. The terms and conditions set forth in this CANCELLATION OF 1981 LEASE
AND LICENSING AGREEMENT AND SUPPLEMENTS are the product of mutual
draftsmanship by all parties, each being represented by counsel, and any ambiguities in this
r ,�
Page 3
CANCELLATION AGREEMENT
Execution Copffebruary 16, 1996
j:AaragonAcance1.ag2
�r + fMe ,.n •, r , �i
+
R •�: r � le yl•..3 fA�l Sx rYlv�Yi.'
i1- ViAr 1 i` ' tr{�yLF
fa
lcf,
���P���x4 tl i+ ;,_ :' tW'n+a• � � 35 .ff,4 9' R,4
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••' �;,� n> ry r + w v
a . fix:
r
CANCELLATION OF 1981 LEASE AND LICENSING AGREEMENT AND
SUPPLEMENTS or any documentation prepared pursuant to or in connection with this Settlement
Agreement shall not be construed against any of the parties because of draftsmanship.
8. The parties agree to cooperate with each other and to execute whatever further
documents may be deemed necessary to effectuate the terms of this CANCELLATION OF 1981
LEASE AND LICENSING AGREEMENT AND SUPPLEMENTS.
IN WITNESS WHEREOF, the CITY OF DANIA, a Florida municipal corporation,has
w caused this CANCELLATION OF 1981 LEASE AND LICENSING AGREEMENT AND
�4 SUPPLEMENTS to be executed in its corporate nae by William Hyde, its Mayor-Commissioner,
m
and by Mike Smith,its City Manager,and has further caused its corporate seal to be affixed,attested
by its undersigned City Clerk- Auditor, on this day ofl"
1996.
C� 4,
IN WITNESS WHEREOF, THE ARAGON GROUP, INC., a Florida corporation, has
c' caused this CANCELLATION OF 1981 LEASE AND LICENSING AGREEMENT AND 1 .
SUPPLEMENTS to be executed in its corporate name by Stephen F. Snyder, its undersigned {
f
President, and Owen P. Bell, its undersigned Secretary,on this_day of 1996. TT
j .
f
Signed, sealed and delivered
in the presence of:
CITY OF DANIA, a Florida Municipal
Corporation
w , 1 e2vw
By: �
x WILLIAM HYDE, Mayor-Commissioner }
By:
i MIKE SMITH, City Manager
t x
� t
vti p4�-n4 )
Page 4
CANCELLATION AGREEMENT 'I
1�2 ♦ ) it +
Execution Copy/February 16, 1996
iti'+'�l yK'4JIir .vt j:\aragon\cancel.ag2
v� t F4lcrirtPn:y ,v w P, . ,
4 , i�%;1 gk,•f " p 1 f dq
�F)i�11 ' b11( I` 1p ih,'�f$a hi
��F i ) tP50.f31L tV
N }1M� r H"w C •ti — _ ..nta 'k.'}'� — _ _ !)YwS rt.S'.'F�'N" P'�
d
z
l
1
a.
Signed, sealed and delivered
in the presence of: THE ARAGON GROUP INC., a Florida
Corporation
By:
STEPHEN F. SNYDER,President:
Attest:
k} OWEN P. BELL, Secretary
r f {r 11
STATE OF FLORIDA
COUNTY OF BROWARD
< The foregoing instrument was acknowledged before me this_day of 1996 hY
by William Hyde, as Mayor-Commissioner, Mike Smith, as City Manager, and as
�
City Clerk Auditor of CITY OF DP,NIA, a Florida municipal corporation, on behalf of said
' 'JS�, ktrf
' 4 corporation.
who: '
❑ he is personally known to me, [or]
p
�
as identification.❑ has produced
+
i�p�� M1Y' AIAFl•,� f
Notary Public ava� Y
` My Commission Expires 4 ,
Printed Name of Notary
Notary Commission No.
r ��-
�x
y Page 5
4 > ,
CANCELLATION AGREEMENT N
Execution Copy/February 16, 1996
vtNp; ` iMT j:\aragon\cancel.ag2W I'll
+ £R02 w.
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"�A� tl �'{r cam''• �,k 1 ':'. {t u.
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�9.
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17
j 1
STATE OF FLORIDA
COUNTY OF BROWARD
The foregoing instnunent was acknowledged before me this day of 1996
5a by STEPHEN F. SNYDER,President and OWEN P. BELL, Secretary,of THE ARAGON GROUP,
INC., a Florida corporation, on behalf of said corporation who:
❑ he is personally known to me, for)
❑ has produced as identification.
+
4 a
' Notary Public
F
r My Commission Expires:
Printed Name of Notary
i i cSSr rj✓ ,
>x
Notary Commission No.
1`RIM,
, r
^ 1KS✓r�Je 4
sr rK��ti J r f
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� 11�
a,4yt3, i i` i f.
e �
yu t$��. 4 J•5�y ��
�jn 4 trip Tr. ifpY h+" .
t 'M� 4 if CANCELLATION AGREEMENT Page
Execution Copy/February 16, 1996 B
t
i N r iGF r4`
J:\arugon\Cance1.ag2 ��•� r�v�y�1 rt r�N
VIT
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1996 LEASE AND LICENSING AGREEMENT
THIS 1996 LEASE AND LICENSING AGREEMENT made and entered into this
day of 1996, by and between the CITY OF DANIA,a Florida municipal
corporation (hereinafter referred to as the "City of Dania") and the Board of Regents of the State
University System of Florida(hereinafter referred to as the"Regents"),
WITNESSETH:
+" The City of Dania for and in consideration of the mutual covenants which are hereinafter
' • stated and in further consideration of the sum of Ten and 0 0/100 Dollars ($10.00)paid by each of
y x, the parties to the other and other good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, IT IS MUTUALLY AGREED AS FOLLOWS:
I Lggig.. The City of Dania does hereby lease and/or license to the Regents, and the
Regents do hereby lease and/or license from the City of Dania, the following described property
situate, lying and being in Broward County, Florida, to wit:
' Block 203 and that portion of Ocean Drive adjacent to Block 203,in HOLLYWOODs
r CENTRAL BEACH,according to the plat thereof recorded in Plat Book 4, Page 20, riz
Y' Public Records of Broward County, Florida, LESS that portion of Ocean Drive
,A adjacent to Block 203, as shown on State Road Department Right of Way Map,
i Section No. 86514-2601; and �,<4
�t i 1 ;,. 1 x ;,•,
t r; That portion of Fifty-first Street(Cambridge Street) adjacent to Block 203 as shown
h on said Plat of HOLLYWOOD CENTRAL BEACH, lying East of Ocean Drive as 1r
shown on State Road Department Right of Way Map, Section No. 8603-175; and
That portion of New River Sound as shown on said plat of HOLLYWOOD
CENTRAL BEACH, described as follows: K�k
Commencing at the Northeast corner of said Block 203,run Southeasterly along the <
5 r East line of Block 203,a distance of 53.45 feet, more or less, to the North face of an t �
existing bulkhead and a point of beginning thence,run Easterly along the North face
of said bulkhead 186.66 feet,more or less,to the West face of an existing bulkhead;
thence,Northerly along the West face of said bulkhead 864 feet; thence,Easterly at
; right angles to said Northerly bulkhead 84.46 feet, more or less,to the West face of
r� a concrete strip for parking meters; thence; Southerly along the West face of said
ry,: concrete strip extended 1,011.03 feet, more or less, to a Northerly right of way line
of State Road A-1-A, as shown on State Road Department Right of Way Map
Section No. 8603-175; thence, Westerly along said Northerly right of way 248.19
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LEASE AND LICENSING AGREEMENT Page I t
Execution Copy/February 16, 1996
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feet, more or less, to the East line of said Block 203, thence, Northwesterly along
said East line 150.00 feet,more or less,to the point of beginning, said lands situate,
lying and being in Browazd County, Florida,
together with the following described property situated,lying and being in Browazd County,Florida
to wit:
LEGAL DESCRIPTION
IT
FAU PARCEL "A"
7.
Block 203 and that portion of Ocean Drive adjacent to Block 203, in Hollywood
9s Central Beach, according to the Plat thereof recorded in Plat Book 4, Page 20, of the
Public Records of Browazd County, Florida, less that portion of Ocean Drive
Adjacent to Block 203 as shown on State of Florida Road Department right-of-way :y
map, Section No. 88614-2601 and; j
That portion of Fifty First Street(Cambridge Street) adjacent to Block 203 as shown t`
on said Plat of Hollywood Central Beach, lying East of Ocean Drive as shown on
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State of Florida Road Department right-of--way map Section No. 8603-175 and; tf ,
s r' A portion of New River Sound as shown on said Plat of Hollywood Central Beach,
z all the above being more particularly described as follows: ;
t + Beginning at the Northeast comer of Block 203 of said Plat; *
THENCE S 02° 06' 00" E on an assumed bearing along the East line of said Block r
203 a distance of 53.45 feet,more or less,to the North face of an existing bulkhead; a
ruba
THENCE S 860 16 24" E along the North face of said bulkhead and its extension v
267.15 feet,more or less,to the West face of a concrete strip for parking meters;
THENCE S 050 10' 50" W along the West face of said concrete strip extended
rlt° 149.24 feet more or less, to a Northerly right-of-way line of State Road A-lA as r n
fl
i ^ shown on State of Florida Road Department right-of-way map Section No.8603-175; " ;1
t"41;4.$ `�.b THENCE N 86° 29' 11"W along said Northerly right-of-way line 248.19 feet,more
or less to the East line of said Block 203
THENCE S 020 06 00" E along said East line 10.00 feet to the Southeast comer of ;
said Block 203;
LEASE AND LICENSING AGREEMENT Paget
Execution Copy/February 16, 1996
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THENCE S 02° 54' 10" E 40.00 feet to a point in the South right-of-way line of
Fifty-First Street (Cambridge Street), said South right-of-way line also being a
t Northerly right-of-way line of said State Road A-1-A;
THENCE S 870 26'35"W along the last described line 243.90 feet to a point on the
East line of said Ocean Drive as shown on said Florida Road Department right-of-
way map, Section No. 86514-2601;
1 THENCE N 03°56'31"E along the said East line 280.47 feet to a point"A" at the
�; intersection of the said East line of Ocean Drive with the North line of said Block
203; ,
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THENCE S 86° 03' 29" E along the said North line 215.00 feet to the point of
beginning, at the said Northeast comer of Block 203 and;
COMMENCING at said Point "A"
P .
THENCE N 86° 03' 29" W along said North line 100.00 feet to a point on said >° "
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North line being the point of beginning; 2
s tY° THENCE continue N 86° 03'29" W along said North he 128.25 fee more or less
to the Northwest corner of said Block 203,being a point on the East line of Canal as
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shown on said plat;
THENCE S 03° 56'31"W along said East line of canal 265.61 feet to the Southwest e' G
comer of said Block 203;
,YK ,lj THENCE N 870 26' 35" E along the South line of said Block 203 a distance of
��y_' j 123.07 feet to a point on the West line of said Ocean Drive as shown on said Florida '
+
Road Department right-of--way map, Section No. 86514-2601; 7i;
a ql"; THENCE N NO 56' 31" E along said West line 251.81 feet to the point of r; '
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r T beginning;
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Said Parcel "A" containing 3.06 acres more or less
ARAGON PARCEL
That portion of the New River Sound as shown on the Plat of Hollywood Central
Beach and recorded in Plat Book fib 4e e Records of Page 20 of the Public f B ,
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County, Florida, described as follows:
COMMENCING at the Northeast comer of Block 203 of said Plat;
s THENCE S 020 06 00"E along the East he of said Block 203 a distance of 53.45
feet, more or less, to the North face of said bulkhead;
THENCE Easterly along the North face of said bulkhead 182.66 feet,more or less,
to the West face of an existing bulkhead being the point of beginning;
i
THENCE continue S 86° 18'24" E along on an extension of the North face of said i
bulkhead 84.89 feet, more or less, to the West face of a concrete strip for parking
t meers; `i d
THENCE N 05° 10' 50" E along the West face of said concrete strip 861.86 feet; k a"
r t THENCE N 840 49' 10" W 84.86 feet to a point on the West face of an existing
bulkhead;
Y. THENCE S 050 10' 50" W along the West fact of said bulkhead 864.00 feet to the
t point of beginning. , ` "y
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+ ARAGON PARCEL "C" ', rr
1 That portion of the following described real property which is within the boundaries
t I
of the legal description of that real property described in the legal description of
i ! Parcel 1 (One) described in the 1952 Deed:
That portion of the New River Sound as shown on the Plat of Hollywood Central
' + j Beach and recorded in Plat Book 4 at Page 20 of the Public Records of Broward a ` '
r I County, Florida,described as follows: "P
(4
�4'' COMMENCING at the Northeast comer of Block 203 of said Plat;
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It THENCE S 020 06' 00'E along the East line of said Block 203 a distance of 53.45
�1 a
>to feet more or less to the North face of said bulkhead;
THENCE Easterly along the North face of said bulkhead 182.66 feet,more or less,
„rr to the West face of an existing bulkhead;
r ,+ THENCE N 050 10' 50" E along the West face of said bulkhead 105.50 feet to the
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LEASE AND LICENSING AGREEMENT Page 4
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1> + s Execution Copy/February 16, 1996
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1996 LEASE AND LICENSING AGREEMENT are located within the boundaries of the lands
acquired by the City of Dania in 1952 by Deed No. 20057 from the Trustees of the Internal
Improvement Trust Fund of the State of Florida to the City of Dania, a Florida municipal
corporation,
' dated June 6, 1952,and recorded June 9, 1952 at Deed Book 779, Page 373, of the Public Records
of Broward County,Florida("1952 Deed"), this 1996 LEASE AND LICENSING AGREEMENT
shall be deemed to be an exclusive license or permit running from the City of Dania to the Regents
and shall not represent an attempt on the part of the City of Dania to lease any of the said lands.
Nevertheless, the exclusive license shall be for exactly the same term of years as the lease and any
provisions within the 1996 LEASE AND LICENSING AGREEMENT as to the rights of the
Ff Regents at the end of the term,regarding the lease, shall apply not only to the leased lands but also m r
to any lands which are the subject of the said exclusive license. The fact that the City of Dania does
not have the apparent authority to lease any of the lands falling within the lands described in the +
above described deed and that it has only the authority to grant an exclusive license concerning same
shall not be deemed to be an exception to title. That is, the fact that the Regents are receiving only
an exclusive license as to the lands falling within the lands acquired by said deed shall not be
deemed an exception, or objection, to title. i
Y
r 5. Riparian Rights. The lease and licensing of the Premises shall include the right
to use all adjacent waterways, canals and water frontage as permitted by the laws of the State of t
Florida. If any part of such adjacent waterways, canals and water frontage lies within the lands a •)"
acquired by the City of Dania pursuant to the 1952 Deed, the City of Dania grants the right to dock
or moor any ship, boat, or vessel of any kind unto the Regents, its agents,guests and invitees for the 2 .'
general purpose of allowing guests, invitees and patrons of the Premises to dock their boats and {
rr vessels along any portion of the leased and licensed Premises which constitutes water frontage.
a Anything contained herein to the contrary notwithstanding,in no event whatsoever shall the Regents
and/or Aragon exercise or permit to be exercised any rights or benefits provided herein in any
manner whatsoever that causes or results in passage or navigation by boats or vessels to be
z; unreasonably impeded from and to the New River Sound by and through the East/West Canal from
and to the Intracoastal Waterway as such bodies of water are identified on Exhibit "Y" attached
hereto. Anything contained herein to the contrary notwithstanding, until December 31, 2012 and
after December 31, 2012 unless specifically rescinded by the City of Dania, in no event whatsoever to b
shall the waterways adjacent to the Premises be used for the docking or mooring of any ship, boat,
1 t or vessel of any kind whatsoever which in any way operates, engages in, or conducts or has the
capacity to operate,engage in,conduct, and/or permit any person to engage in gambling of any kind
or nature and/or in any manner whatsoever,whether in port or at sea and the docking and/or mooring
of any such ship, boat, and/or vessel of any kind whatsoever is strictly prohibited at all times. This
i provision shall not be modified, altered, and/or amended prior to December 31, 2012 without the
express written consent of The Aragon Group, Inc., a Florida corporation, in its sole and absolute
b` + '
discretion.
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LEASE AND LICENSING AGREEMENT Page 6
Execution Copy/February 16, 1996
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6. Use. The land which is the subject of this 1996 LEASE AND LICENSING
AGREEMENT is currently improved with a retail, restaurant and marina complex. The Regents
may construct additional improvements and may alter, demolish and/or renovate the existing
improvements in its sole and absolute discretion if such activities are related to the operation of an
oceanographic and/or ocean engineering research and educational institution and/or any other
educational use which in any manner supports and compliments those uses provided that prior to the
demolishing of any improvement, whether now existing or subsequently constructed, the Regents
shall demonstrate to the reasonable satisfaction of the City of Dania that improvements of
substantially equal quality or functional capacity shall be constructed as soon as reasonably possible
following any such demolition. The Regents may use the Premises as an oceanographic and/or ocean
engineering research and educational institution, and/or any other educational use which in any
' manner supports and compliments those uses and all activities related or ancillary thereto. Anything
contained herein to the contrary notwithstanding, Aragon shall have the right to operate a
commercial marina available to the public and all uses and all activities related or ancillary thereto
in the Aragon
on License Area only and during the Aragon License Are Term only,
Aragon may
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construct additional improvements related to the operation of a commercial marina available to the F ;j
public and all activities related or ancillary thereto in the Aragon License Area only. The above ( '
described rights of use are specifically subject to the following limitations:
(a) No restaurant or food service shall be established or operated within the
Premises, except that Florida Atlantic University shall be entitled to operate a cafeteria or dining facility not open to the public and limited to the use of students, faculty, researchers, employees, 1
invitees and guests but specifically not available and/or open to or for patrons of the marina, the "!
general public visiting the beach, and/or the marina and its related facilities. Provided however,
nothing herein shall any way prohibit or be deemed to prohibit in the Aragon License Area the sale
of snack food,beverages,and ice to marina customers by vending machines and/or over the counter '
service but in no event whatsoever shall there be any table service of any kind.
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a (b) No retail sales in the Aragon License Area except for those goods and
services necessary and normally available to physically service vessels at the marina such as marine
t a or boating equipment or related items which are normally available in a commercial marina in
Broward County, Florida; and
' (c) To the extent that parking spaces within the Premises are made available for
t j parking by the general public (which does not include officers, agents,employees, customers and
6 invitees of the marina and/or the research and educational institution) the Regents shall charge for
such parking an amount not less than the amount charged by the City of Dania, Florida at the
# adjacent parking facility of the City of Dania, Florida. Anything contained herein to the contrary
r notwithstanding, parking for officers, agents, employees, customers, students and invitees of the
marina and/or the research and educational institution is not subject to this restriction in any way
whatsoever.
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LEASE AND LICENSING AGREEMENT Page 7
Execution Copy/February 16, 1996
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In connection with the use of the Premises by the Regents during the term of the 1996 LEASE
AND LICENSING AGREEMENT, the City of Dania, Florida agrees that the municipal zoning
ordinances of the City of Dania and any land use plan, including,but not limited to any land use plan
or similar plan adopted pursuant to the Local Government Comprehensive Planning and Land
Development Regulation Act (Part II of Florida Statute Chapter 163 and any and all amendments
thereto)of the City of Dania, Florida permit and allow each and every use authorized by this 1996
LEASE AND LICENSING AGREEMENT or that as soon as reasonably possible it will enact the
type of zoning or grant an exceptional permit,variance pemiit, nonconforming use permit or special
exception use permit as required as a prerequisite to the operation of any of said permitted uses,
provided, however, the City of Dania shall require reasonable conditions for the construction of a
fueling facility to protect the environment, the public, students, real and personal property, by
f requiring necessary safeguards to prevent unreasonable and adverse exposure from such facility.
` Regents and the City of Dania acknowledge and agree that a special exception pursuant to the CodeV "
of Ordinances of the City of Dania to permit the use of the Premises for an educational use("Special
Exception")is required in order for the Regents to make use of the Premises as contemplated herein.
In the event any ancillary or related use or contemplated improvement requires the approval of any t
other governmental entity, then, in that event, the City of Dania, Florida, and in the event the City
of Dania, Florida is not then the Landlord pursuant to this 1996 LEASE AND LICENSING
AGREEMENT, the Landlord pursuant to this 1996 LEASE AND LICENSING AGREEMENT
shall assist and cooperate with the Regents relative to any such required approvals. Anything l
contained herein to the contrary notwithstanding, in no event whatsoever shall the Premises be used ;
tt by any person in any manner whatsoever to engage in gambling, of any kind or nature whatsoever. {
S t Prior to December 31, 2012, this provision shall not be modified, altered, and/or amended in any ;
manner whatsoever without the express written consent of both the City of Dania and The Aragon
t Group,Inc., a Florida corporation, in their sole and absolute discretion and after December 31, 2012
i
r without the prior written consent of the City of Dania, in its sole and absolute discretion.
7. Rent and Service Fee. The rent to be paid to the City of Dania by the Regents for
the Initial Term shall be paid not later than Forty (40) days subsequent to the Effective Date and
t < " thereafter, on or before each and every anniversary date of this 1996 LEASE AND LICENSING
i AGREEMENT, and shall be the sum of Twenty-Seven Thousand and 00/100 ($27,000.00) U.S.
Dollars ("Service Fee").
} 8. Additional Rent. In addition to the Rent set forth in Paragraph 7 above, the
1; < Regents shall cause Florida Atlantic University ("FAU'� to provide technical consulting services to
the City of Dania equal to the sum of Thirty Thousand and 00/100($30,000.00)Dollars per year for
r. a period of ten (10) years commencing on the Effective Date of this 1996 LEASE AND
LICENSING AGREEMENT which shall be deemed Additional Rent. The technical consulting
` services shall be provided by the FAU's College of Urban and Public Affairs (including the
1 Departments of Urban and Regional Planning and Public Administration) and the FAU/FIU Joint
Center for Urban and Environmental Problems and the Center for Urban Redevelopment and
� r7
LEASE AND LICENSING AGREEMENT Page 8
1 }ti
Execution Copy/February 16, 1996
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Empowerment. Technical and consulting services may include, but shall not be limited to, the
following subject matter areas: comprehensive planning, economic development studies and
assistance,urban and regional planning, employee training, internships, both at undergraduate and
graduate levels, design assistance, site plan assistance, public surveys, demographic research and
grant writing. The Additional Rent obligation set forth herein shall be pursuant to and in accordance
with the standard terms and conditions then in effect and utilized by FAU relative to similar requests
for services from Florida municipal corporations and as more particularly described in the letter from
Carla Coleman to the City Manager of the City of Dania,Florida, a Florida municipal corporation,
dated February 5, 1995,a copy of which is attached hereto as Exhibit"X". It is acknowledged that
such standard terms and conditions may require the City of Dania to pay for any and all actual out
of pocket costs, fees, and/or expenses incurred by FAU incident to such consulting services. Each
lease year shall be an independent accounting period relative to this Additional Rent obligation,such ,
f that the City of Dania will be obligated to pay and shall pay for any consulting services requested
of and received from FAU in excess of Thirty Thousand and 00/100 ($30,000.00) Dollars in any f a
lease year. In the event the value of the consulting services provided in any lease year is not equal
t. to or greater than Thirty Thousand and 00/100 ($30,000.00) Dollars, then, in that event, any ,
unrequested and/or unprovided portion of said Thirty Thousand and 00/100 ($30,000.00) Dollars
4 Additional Rent shall be carried forward and/or allocated to any future lease year. For the purposes
p' of this Paragraph 8, a lease year shall be that period of time from the Effective Date hereof or the
anniversary date of the Effective Date hereof to that date one day prior to the anniversary date of
} s the Effective Date of this 1996 LEASE AND LICENSING AGREEMENT.
9. Marina Use and Operating License.
" s ;;
:% `'! (a) Arayn License Area. Anything contained herein to the contrary
notwithstanding commencing with the term of this 1996 LEASE AND LICENSING
AGREEMENT and ending on December 31, 2012 ("Aragon License Area Term"), the Regents
shall provide to The Aragon Group, Inc., a Florida corporation ("Aragon"), and/or any party
t designated by Aragon,the sole and exclusive right to use and occupy those marina slips,the parking r
area, and the office facility outlined and identified on the site plan of the Premises attached hereto
as Exhibit "Y" (hereinafter referred to as the "Aragon License Area"). The right of Aragon to use r
a and enjoy the Aragon License Area shall be free of any charge except utilities which shall be
independently metered and paid for by Aragon, or, if it is not possible to independently meter any
such portion of the Aragon License Area, then, any such service shall be provided by the Regents
at the actual cost of such utilities to the Regents and paid for by Aragon. Except as specifically
\ ty
provided herein,any party exercising the right to the use and enjoyment of the Aragon License Area
1 ' ! shall comply with and abide by all reasonable rules and regulations relative to the use thereof.
Aragon shall have the right to conduct a commercial marina operation in and upon the Aragon
License Area and Aragon,in the sole and absolute discretion of Aragon may conduct a commercial
marina operation in and upon the Aragon License Area wherein the subject marina slips are rented
to members of the public pursuant to and in accordance with any fee or rental schedule determined
= rs I
LEASE AND LICENSING AGREEMENT Page 9
,) Execution Copy/February 16, 1996
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exercise its option to accept the Regents Offer by written notice to Aragon at any time within Three
(3) days after such Nonelection Notice has been given by Aragon to the Regents ("Regents Review
Period'; and during the Regents Review Period, Aragon shall not assign the Aragon License Area
to any person whatsoever. If the Regents exercises its option to accept the Regents Offer, then, in
that event,the Regents shall notify Aragon of the Regent's acceptance of the Regents Offer which
must be delivered to Aragon during the Regents Review Period. If the Regents has elected to accept
the Regents Offer,then,in that event,the Regents shall execute a contract and/or agreement to assign
the Aragon License Area not later than Seven (7) days subsequent to the expiration of the Regents
Review Period and shall consummate such contract and/or agreement on the same terms and
i
conditions as those contained in the Regents Notice.
t� r In the event Aragon has provided the Regents the Regents Notice and Nonelection Notice
as provided, Aragon may consummate any such assignment the Aragon License Area pursuant to
the terms and conditions set forth in the Regents Notice, within a period of One Hundred Eighty F_.
(ISO) days subsequent to the expiration of the Right of First Refusal Review Period, unless within "
the Regents Review Period, the Regents has notified Aragon of the Regent's election to accept the l
Regents Offer. In the event the Regents has not elected to exercise its option, Aragon shall not
assign the Aragon License Area to any party other than the party designated to the Regents in the j
Regents Notice or pursuant to any terms and conditions that materially vary from those contained
f%4 in the Regents Notice without again providing to the Regents the Regents Notice and complying Gp
with the procedure relative thereto set forth herein. 9
(d) Anything contained herein to the contrary notwithstanding, any sale,transfer
or assignment of the Aragon License Area shall be subject to the express written consent and
t r approval of the Regents which consent and approval shall not be unreasonably withheld.
5 }
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(e) Aragon shall provide at its sole expense continuous Marina Owners Legal
Liability Insurance coverage with minimum limits of$500,000.00 for personal injuries involving
one person,$1,000,000.00 for personal injuries resulting from any one accident and$100,000.00 for
property damage. The insurance coverage required shall include those classifications as listed in
i a standard liability manual,which most nearly reflect the Marina operations of Aragon. All insurance
1. policies required above shall be issued by companies authorized to do business under the laws of the
'; State of Florida and reasonably acceptable to Regents and Dania. Aragon shall famish certificates
t
of insurance to the Regents and Dania on or before the first day of the Initial Term of this 1996
t ;;. LEASE AND LICENSING AGREEMENT which certificates shall clearly indicate that Aragon
has obtained insurance in the type,amount and classifications required for strict compliance with
this Lease and Licensing Agreement. No material change or cancellation of the insurance shall be
effective without Thirty(30) days prior written notice to the Regents and Dania. Said policies of
r insurance shall specifically declare the Regents and Dania as an additional named insured. Renewal
certificates or appropriate riders shall be famished to the Regents and Dania from time to time
during the Aragon License Area Term such as will demonstrate continuous coverage during the term
hereof.
f (fj Aragon,at its expense,shall purchase and keep in full force and effect during
LEASE AND LICENSING AGREEMENT Page 12
Execution Copy/February 16, 1996
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the entire Aragon License Area Term,fire and extended coverage insurance on any improvements
constructed on the Aragon License Area as well as on all furniture, furnishing, fixtures and
equipment situate thereon and including all replacements thereof in amounts equal to eighty percent
(80%)of insurable value. Said policies or certificates of insurance thereon shall be famished to the
Regents and Dania from time to time so as to demonstrate continuous coverage during the term of
this agreement. Said policies shall be written for the benefit of the Regents, Dania and Aragon.
(g) In the event of destruction of or damage to the Premises covered by insurance,
the funds payable pursuant to said insurance policies shall be used for the purpose of reconstruction
or repair as the case may be of any of the buildings, improvements or personal property so damaged
or destroyed. `
(h) If it should prove impossible or impractical for Aragon to obtain insurance ` N
l.;
coverage as required by Sections 9(e)and 9(f)above,either because no reputable insurance company
will insure the risk in whole or in part,or the premiums for such insurance increase more than one
u then in such event Aragon may establish a self-
,.. hundred (100%) percent over the prior year, g Y !
insurance fund,the terms of which will reflect the required insurance coverage and shall be subject
to the Regents' and Dania's reasonable approval.
,
Ef (I) In the event of destruction of or damage to any of the Aragon License Area ►
r property covered by insurance, the funds payable in pursuance of said insurance policies shall be j
deposited in a commercial bank located in Dania,Florida, selected by Regents and Dania, as a trust
> fund,and said funds shall be used for the purpose of reconstruction or repair as the case may be of
c( any of the buildings, improvements or personal property so damaged or destroyed; however, such r {
reconstruction shall not be necessary if destruction occurs within the last year of the Aragon License `
Area Term in which event said funds shall be used to remove the remaining improvements so that
. ' lands will be left clear and free of debris. All remaining funds shall be paidjointly to the Regents
OP
and the City of Dania to be employed for t' : reconstruction of similar improvements.
f (j) No responsibility shall rest upon the Regents and/or Dania by reason of the
condition of the Aragon License Area nor the equipment and structures to be located thereon nor
<' shall the Regents and/or Dania be liable to Aragon or any of its patrons, customers, agents, servants
i or employees by reason of the condition of Aragon License Area or any improvements, equipment t�*'
1 J or personal property situate thereon. Aragon shall indemnify and hold harmless the Regents and
Dania against all liability and expenses,including all judgments,court costs, investigative expenses,
attorneys' fees and other charges arising from injuries to persons or any of its patrons, customers,
' ' \ agents,servants or employees on the Aragon License Area not caused by the Regent's and/or Dania's
` negligence or willful acts or arising from property damage during the term of said agreement not
` caused by the Regent's and/or Dania's negligence or willful acts or in any manner arising from the
sole negligence of the Aragon.
1
�} (k) Failure of Aragon to promptly comply with the terms hereof herein shall
constitute a default,and the Regents and/or Dania may at their option terminate this Aragon License
Area after Sixty(60)days notice in writing,unless the default be cured within the notice period,or , >:
LEASE AND LICENSING AGREEMENT Page 13
Execution Copy/February 16, 1996
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in the event such default cannot be cured within such period of time, unless Aragon shall commence
to cure same within such period of time and thereafter prosecute the work incident thereto with
diligence to conclusion. Additionally,the happening of any of the following events shall constitute
a default by Aragon and should they occur, this Aragon License Area shall automatically terminate
upon the filing by Tenant of bankruptcy proceedings, plan of arrangement, reorganization,
composition agreement or any other proceeding under the Bankruptcy Act or other available statutes
and Aragon cannot secure a discharge therefrom within Thirty(30)days. Anything contained herein
to the contrary notwithstanding. the early termination of the Aragon Lease Area shall have no effect
t? whatsoever on the rights, duties, obligations, and benefits of the Regents pursuant to this 1996
LEASE AND LICENSE AGREEMENT.
` (1) At the expiration of the Aragon License Area Term and/or any early
termination thereof pursuant to Paragraph 9(k) of this 1996 LEASE AND LICENSING
AGREEMENT,anything contained herein to the contrary notwithstanding,in the event the floating
;y
docks identified on Exhibit "Y" attached hereto are in place at the expiration date of the Aragon
License Area Term, then, Aragon shall not remove and shall leave in place such floating docks
which thereafter the City of Dania shall be the record title holder and have title to such floating P I
docks which shall then constitute personal property leased to the Regents pursuant to the terms
hereof.
1 .
i •
(m) If at any time during the first fourteen (14) years of the seventeen(17)year
�` term of the Aragon License Area Term as set forth in this Paragraph 9, Aragon, either by agreement
i'
> r: with the Regents, or eviction or cancellation of the Aragon License Area by court order, the City of
{ b° Dania shall be entitled to succeed at its option to the balance of the seventeen (17) year Aragon J
r' L License Area Term provided for herein. The City of Dania shall have only the financial and
w performance requirements previously required of Aragon under its License with the Regents.
Anything contained herein to the contrary notwithstanding, this Paragraph 9(m)does not apply to
> any sale,transfer,and/or assignment for consideration by Aragon of the use of the Aragon License `
f Area which is governed by Paragraph 9(b), 9(c), and 9(d)of this 1996 LEASE AND LICENSING
r3 AGREEMENT. ;
t (n) This Paragraph 9 shall not be modified, altered and/or amended without the
$ •:
express written consent of Aragon, in its sole and absolute discretion.
10. Fueling Facility. The City of Dania and the Regents recognize and acknowledge
that the operation of a fueling facility on the Premises wherein marine fuel is available for purchase
' by members of the public conducting boating activities, will be of great benefit to the City of Dania
and its citizens. The Regents may at the election of the Regents during the term hereof operate and
maintain or cause to be operated and maintained a fueling facility on the Premises which shall
provide and make available for purchase by the general public fuel for the use and operation of boats
` and vessels. The Regents may sublease portions of the Premises to subtenants which subtenants
may maintain and operate the fueling facility described herein subject only to the reasonable
approval by the City of Dania relative to the location and construction of such fueling facility and
r
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1 ^ > LEASE AND UrENSING AGREEMENT Page 14
S ey Exec uhGr. t,opy/February 16, 1996
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all requirements of Paragraph 6 of this 1996 LEASE AND LICENSING AGREEMENT.
11. Utilities. The City of Dania and the Regents agree that the most feasible way
of furnishing water and sanitary sewer services to the Premises that may be determined to be through
connections to the lines of the City of Hollywood. While the Regents shall always have the expense
of paying for the cost of any construction and extensions of any type of water and sanitary sewer
lines,the City of Dania shall always cooperate with the Regents in such construction and shall grant
reasonable easements over its remaining lands at Dania Beach(to accommodate the location of any
" required water and sanitary sewer facilities)regardless of whether water and sanitary sewer service
is obtained from the City of Hollywood or by an extension of water and sanitary sewer lines from
T' the main part of Dania. If it becomes necessary to enter into any type of agreement with the City
of I.ol:y1lec`41regarding the fiunishing of water and sanitary sewer service to the Premises,the City A �
of Dania shall always join in the execution of such agreements (if required by City of Hollywood)
subject to the limitation that the Regents shall always have the primary responsibility of paying all
charges and expenses incurred as a result of any such agreement with the City of Hollywood. .'
Anything contained herein to the contrary notwithstanding, in the event water and sanitary sewer
services are provided at the request of Aragon and/or to service the Aragon License Area,then,the 1
cost of any construction and extension of any such water and sanitary sewer lines shall be the j
responsibility of Aragon and shall be paid for by Aragon.
` 12. Maintenance and Operation. The Premises,all improvements,both exterior
and interior, and equipment located thereon, shall at all times be maintained in good, serviceable,
neat, clean and presentable condition,all at the expense of the Regents,it being an express condition t
of this agreement that the same be kept in an attractive manner at all times.
L li. Insurance.
(a) The Regents shall enroll the Premises except the Aragon License Area during
t' the Aragon License Area Term in the Florida Fire Trust Fund for the full value of the buildings and
r ? their contents, including, but not limited to, all fiuniture, furnishings, fixtures and equipment. The
Regents ill furnish a copy of the certificate of enrollment to the City of Dania and shall keep the
Premises enrolled during the term of this Agreement.
t In the event of destruction of or damage to the Premises,the funds payable
1 to the Regents from the Florida Fire Trust Fund shall be used by the Regents for the purpose of
! y;
reconstruction or repairs, as the case may be, to any of the buildings, improvements or personal
} property so damaged or destroyed; however, reconstruction shall not be required if destruction
occurs within the last year of the term of this Agreement (or any renewal thereof), in which event
i said funds shall be used to remove the remaining improvements from the land so as to leave it clear
and free of debris. All remaining funds shall be paid to the City of Dania.
t
(b) Sovereign Immunity and Insurance. Notwithstanding anything herein to
the contrary,the Board of Regents of the State University System of Florida, and the City of Dania,
f f 1 F a Florida municipal corporation,agree that the provisions of Florida Statutes Section 768.28(notably
Page 15
fiz , tz LEASE AND LICENSING AGREEMENT B
r'ay;�4bUef1 , Execution Copy/February 16, 1996
7
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Section(18) thereof) are hereby incorporated herein and any provision in this 1996 LEASE AND
LICENSING AGREEMENT contrary thereto is hereby agreed to be void and of no force and I effect.
0
' 14. Indemnification of fity. No responsibility shall rest upon the City of Dania and
the Board of Regents of the State University System of Florida by reason of the condition of the
Aragon License Area during the Aragon Licence Area Term nor the equipment and structures to be
located thereon nor shall the City of Dania nor the Board of Regents of the State University System
of Florida be liable to The Aragon Group,Inc.,a Florida corporation,and its successors and assigns,
or any of its patrons, customers, agents, servants or employees by reason of the condition of the
Aragon License Area or any improvements, equipment or personal property situate thereon during
t r.• the Aragon License Area Term. The Aragon Group, Inc., a Florida corporation, and its successors r
`• and assigns, shall indemnify•and hold harmless the City of Dania and the Board of Regents of the j t
State University System of Florida against all liability and expenses, including all judgments, court
costs, investigative expenses, attorneys' fees and other charges arising from injuries to the persons
or any of its patrons, customers, agents, servants or employees on the Aragon License Area during
the Aragon License Area Term not caused by the City of Dania's and the Board of Regents of the 1
State University System of Florida's negligence or willful acts or arising from property damage i
during the Aragon License Area Term not caused by the City of Dania's or the Board of Regents of
the State University System of Florida's negligence or willful acts or in any manner arising from the
sole negligence of The Aragon Group, Inc., a Florida corporation, and its successors and assigns.
' 15. Auignmen The Regents shall not assign its interest in this 1996 LEASE AND ` �p
LICENSING AGREEMENT without the consent of the City of Dania. Further, the Regents may
1 a sublease portions of the Aragon License Area subsequent to the expiration of the Aragon License i 1,
Area Term after obtaining the consent of the City of Davila. F,.rther, the Regents may grant
incidental or miscellaneous concession rights (excluding restaurant,manna enlargement,and fueling
r "+
facilities) if said concessions will not constitute competition by offering the same goods,products
and other services as other concessionaires, lessees or independent contractors of the City of Dania
on any of their adjoining beach acreage or properties between the Intracoastal Waterway and the
a Atlantic Ocean,without fast obtaining the consent of the City of Dania. Any review,consent,and/or
approval required pursuant to this Paragraph 15 shall employ the standard of "reasonableness"
relative to any such review, comment, and/or approval.
f' 16. Ilse and Enjoymeni. The Regents and Aragon, in the use and enjoyment of the
t
r Premises,shall comply with all governmental regulations, statutes, ordinances, Hiles and directives
i of the federal, state, county and municipal governments which have jurisdiction over(I) the leased
and licensed premises and(ii) the business or activities being conducted thereon.
17. Default. Failure of Regents to promptly make all payments or rentals, charges
and fees required to be paid herein shall constitute a default,and the City of Dania may at its option
` terminate this 1996 LEASE AND LICENSING AGREEMENT after Thirty (30) days notice in
writing, unless the default be cured within the notice period. Failure of Regents to comply with any
other covenants of this 1996 LEASE AND LICENSING AGREEMENT shall constitute a default,
., '
LEASE AND LICENSING AGREEMENT Page 16
Execution Copy/February 16, 1996
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either party to enforce its rights under the terms of this 1996 LEASE AND LICENSING
AGREEMENT by resorting to court action, the prevailing party shall have the right to
reimbursement for the costs and expenses, including reasonable attorneys fees (to the extent
permitted by law), from the party against whom such rights are asserted.
24. Eminent Domain. If, at any time during the term of this 1996 LEASE AND
LICENSING AGREEMENT the legal title to the leased and licensed land or the improvements
located thereon or any portion thereof be taken, appropriated, or condemned by reason of eminent
domain,there shall be such division of the proceeds of award in such condemnation proceeding and
such abatement of rent and other adjustments made as shall be just and equitable under the
s circumstances. If the City of Dania and the Regents are unable to agree upon what division,annual
ry abatement of rent or other adjustments are just and equitable within Sixty(60)days after such award (*"
shall have been made,then the matters in dispute shall be by appropriate proceedings, submitted to
a court having jurisdiction of such matters and such controversy for its decision and the '
determination of such matters in dispute. If the legal title to the entire Premises be wholly taken by
(, condemnation this 1996 LEASE AND LICENSING AGREEMENT shall be
proceedings,
automatically canceled. In general, it is the intent of this paragraph that upon condemnation the
parties Thereto shall share in the award to the extent that their respective interests are destroyed, j
damaged or depreciated by the exercise of the right of eminent domain.
1 � a
25. Notices. All notices required hereunder may be served personally, or at the
! option of the giver may be served by registered or certified mail,return receipt requested, and such
g C notice shall be effective from the date of receipt.
# � -
1
¢; Such notice to the Regents shall be:
Board of Regents
c/o Florida Atlantic University
Attention President
777 Glades Road
Boca Raton,Florida 33431
; 1s Such notice to the City of Dania
shall be: City of Dania t `
' Dania City Hall
100 West Dania Beach Boulevard
w
Dania, Florida 33004
r „ Such notice to Aragon shall be: President
r The Aragon Group, Inc.
' 301 East Dania Beach Boulevard
Dania, Florida 33004
,f> Any parry may change its mailing address herein stipulated upon five (5) days written notice to the
A ,
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LEASE AND LICENSING AGREEMENT Page IS
er .
Execution Copy/February 16, 1996
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other party.
26. Easements. The City of Dania agrees to give and grant unto the Regents all
required easements over, under and across lands owned by the City of Dania that are appropriately
and reasonably needed from time to time to provide utilities for use on the Premises and for access.
Such easements, if needed, will be granted at no additional cost to the Regents.
27. FDOT Parking Area. The FDOT Parking Area is described as follows:
See Addendum A attached hereto for the Department ofTmnsportation parcel
124(Part) for State Road Number A-1-A,Projector Section Number 86030-
2175. Containing 0.806 acres, more or less. "
The City of Dania shall use its best efforts throughout the term of this 1996 LEASE AND J
LICENSING AGREEMENT to acquire a leasehold or license interest in the FDOT Parking Area '?
s from the Department of Transportation, State of Florid which will allow the City of Dania to P P a, t
4` license or lease said parking area to the Regents. In the event the City of Dania is successful in
acquiring a leasehold or license interest in the FDOT Parking Area, the City of Dania will grant to '
the Regents a similar leasehold or license interest in such FDOT Parking Area for the same
consideration as paid by the City of Dania. The City of Dania presently has a public purpose lease
agreement for a term beginning June 8, 1992, renewable for ten (10) years for said parking area
which requires said leased land be used solely for the public purpose of vehicular parking lot without , }
charge or parking meters; and further prohibits subletting of the leased property or any part thereof
f' s I= or assign of ease without the prior written consent of the Florida Department of .s
4 p : 4 assignment the l ith h i
P P
Transportation.
E 3 , :• 28. 1996 LEASE AND LICENSING AGREEMENT Approval. This 1996
" LEASE AND LICENSING AGREEINIENT has been approved by .
and by the City Commission of the City of Dania, Florida, on
the_day of 1996. i
>� t
t s 29. The Effective Date ("Effective Date") of this 1996 LEASE AND LICENSING
' t AGREEMENT shall be the later of the date the Board of Regents of the State University System
of Florida approves and executes or authorizes the execution of this 1996 LEASE AND
1 LICENSING AGREEMENT ("Regents Approval') and/or that date Dania grants the Special
r 1 Y ? Exception and the expiration of the period, if any, during which the granting of the Special
Exception shall be subject to appeal by third parties with no such appeal having been filed, or if
r , filed, has been dismissed by a court of final jurisdiction ("Special Exception Approval'). In the
event the Regent's Approval and the Special Exception Approval are not obtained on or before May
r 31, 1996 such that the Effective Date of this 1996 LEASE AND LICENSING AGREEMENT is
not on or before May 31, 1996, then this 1996 LEASE AND LICENSING AGREEMENT shall
, t
LEASE AND LICENSING AGREEMENT Page 19
rGr ��ry Execution Copy/February 16, 1996
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be null and void ab initio and of no further force and effect whatsoever and no party hereto shall
have any liability hereunder whatsoever.
Y
IN WITNESS WHEREOF, the CITY OF DANIA, a Florida municipal corporation, has
caused this 1996 LEASE AND LICENSING AGREEMENT to be executed in its corporate name
by William Hyde,its Mayor-Commissioner,and by Mike Smith,its City Manager, and has further
caused its corporate seal to be affixed, attested by its undersigned
City Clerk-Auditor, on this day of 11996.
IN WITNESS WHEREOF, the BOARD OF REGENTS OF THE STATE UNIVERSITY
SYSTEM OF FLORIDA,have caused this 1996 LEASE AND LICENSING AGREEMENT to
ri
_ be executed in its corporate name by Charles B. Reed, Chancellor, on this day of
1996Elx
,R rf rl
. AJ yj
Signed, sealed and delivered ;
in the presence of: CITY OF DANIA,a Florida Municipal 1 `
Corporation
F: 1. �! _ 1� A•
4
I
By:
WILLIAM HYDE Mayor-Commissioner `
r By:
MIKE SMITH, City Manager
7 A x
f
Signed, sealed and delivered {
in the presence of.- THE BOARD OF REGENTS OF THE
FLORIDA
STATE UNIVERSITY SYSTEM OF FLOR f
By: �t
Charles B. Reed Chancellor
Attest:
CONSENT AND ACCEPTANCE OF 1996 LEASE AND LICENSINGAGREEMENT
d
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IN WITNESS WHEREOF,The Aragon Group,Inc.,a Florida corporation,hereby consents
Ji
LEASE AND LICENSING AGREEMENT Page 20 ,
Execution Copy/February 16, 1996
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to and agrees to comply within the terms and conditions of this 1996 LEASE AND LICENSING
AGREEMENT this_day of 1996.
Signed, sealed and delivered The Aragon Group,Inc.,a Florida corporation
in the presence of-
By:
Stephen F. Snyder, President
F
Printed Name
�sr4 y�
S` xy
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Printed Name
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LEASE AND LICENSLNG AGREEMENT
Page 21
r , � Execution Copy/February 16, 1996
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,
STATE OF FLORIDA
COUNTY OF BROWARD
The foregoing instrument was acknowledged before me this day of
1996 by Stephen F.Snyder,President of The Aragon Group,Inc.,a Florida
corporation who:
❑he is personally known to me, ]or] j
❑has produced as identification.
Notary Public 2q a
My Commission Expires:
k
Printed Name of Notary
Notary Commission No.
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11
Execution Copy/February 16, 1996 ,~ �
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EXHIBIT "I_'
to the
1966 LEASE AND LEASING AGREEMENT
`y (a) All rights of the State of Florida in and to the rights of way areas vacated by the City
4w
of Dania.
ellt ) ,
(b) The rights of any and all parties relative to the overpass constructed as part of North ' fa,�i
Ocean Drive which passes over and above the East/West Waterway which is immediately North of +
Block 203 and which connects Intracoastal Waterway and New River Sound.
` (c) The Deed restriction concerning the property acquired from Home Seekers f a
Realty,Company and the City Hollywood in 1927. '
(d) All of the right,title and interest of the State of Florida in and to South 1/2 of that part f
of Fifty-First Street (formerly Cambridge Street)which was vacated by City of Dania.
(e) Any and all oil and mineral reservations existing on the subject property. } i r,
t' xr,t i s
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♦ � r�.yk�.:^,' '�"oaf
ARAGOMLEASE.Exf ��pw .',,�•
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FLORIDA ATLANTIC . UNIVERSITY
777 GLADES ROAD
' P.O. Box 3061
•• BOCA RATON, FLORIDA 33431-0991
UNIVERSITY RELATION&
1407i 367-3020
October 6, 1995
y
Mr. Michael Smith
City Manager
City of Dania ri�1
100 West Beach Blvd. 4
.;
Dania Florida 33004 ' "I
c.
Dear Mike: r ''
Per our conversation, attached is a proposed scope of services for the contract
between FAU and the City. We are very excited about working with you on a broad
range of city issues, % `l
r; { I look forward to working with to amend and finalize the scope of services as
1-
soon as I return from my out of town trips. In the meantime, I have asked Dr. John
DeGrove, Director of the Joint Center, to forward copies of the Center's annual t
reports for the past two years as well as copies of the Institute of Government's 1 f '
annual reports.
' 1t Please do not hesitate to contact me to discuss this important project.
t�
Sincerely,
'>s
� z , E
yT
t S`iy Y• x�
Carla:Coleman t
Vice President
h t
` ` i John DeGrove
a� o �� cc Dr.
Mr. Don Hall
> s
V•I, 4r h 1 r. -Y � •
1995
'S''71in1'tI } V
EXHIBIT
}{ Y
"xth "�?'Y3f��a i1 � �' ba9 E In9 yi
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�� ���'Sd I '� CFI���'✓a
Boca,Raton • Fort Lauderdale • Oavle • Pnlm Beach Gardena • Fort Plerca � �o-E
t♦ 4. r rvvxn'i lV' €'',k4w
" +`�.�,�, <•,, A member of the State University System of Florida
Ab AlAimarive Action/Ecuar Oppor•- rritution
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K ftt'b y�,^n�{1 Lr T' ry -_...;•;y i1�+,va�.-e..--..� ,f = •:. Y y ,Fr T`^h yyi'Y� �dM
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Proposed Scope of Services for Agteement .
Between Florida Atlantic University and the City of Dania
Florida Atlantic University agrees to provide in-kitid services as described
below to the City of Dania, such services at a minimum valued at $30,000 annually
for ten years. Specific services will be mutually negotiated between the city manager
and a designated university representative on an annual basis prior to the
conunencement of each calendar year.
F> ••
Services may include but not be limited to the following areas:
• Comprehensive Planning °r>
Economic Development Studies and Assistance ti
• Urban and Regional Planning
Employee Training '
• Internships, both at undergraduate and graduate levels
# ` 3
Design Assistance
• Site Planning Assistance
• Public Surveys
• Demographic Research
Grant Writing
i initially, the College of Urban and Public Affairs (including the departments of Urban & Regional Planning and Public Administration) and the PAU/FN Joint ;
' Center for Urban and Environmental Problems, as well as the Center for Urban ,
' Redevelopment and Empowerment (CURE) will be the principal academic units
•y
i involved with this contract. As the School of Architecture is established, its µ\,
4
^:; s resources may also be utilized.
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TE $ �K I
v 'ei.
��N fi Yo.
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1 I I
WI! AMS, HATFIELD AND STONE INC.
1901 S. C;ONGRESS AVE, ENGINEERS • PLANNERS • SURVEYORp BOYNTON BEACH, FLORIC-
SKETCH AND DESCRIPTION
SEAFAIR SITE, DANIA, FLORIDA
SCALE: 1"—t 00'
INTRAG0A57AL WATER WAY
IGANALI
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7—
Cp I I
1 S OCEAN DRIVE R A of .9 •. a -I II
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ocEArL a g E DRIVE ` 31 a,"� •. '+ I � —I— 7..— Q^ wrn� d aeo`..��— I� i1f�—jaf ) I
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3 a+ 3x
7$ "+ Ar2AGoN LIQ A* E
19
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c tD ARC GoAN L CEN E AREAS'
V e• MZ].1'I r,'
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j -SEAL
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" Nor VALID UNLESS
F SEALED HERE WITH NOTES:
"++ + AN CM80SSED 1, BEARINGS SHOwN HEREON ARE BASED UPON THE SOUTH LINE OF BLOCK 203.
SURVEYOR'S SEAL BEING S87.26'35"W
2. P.O.B. DENOTES POINT OF BEGINNING. SHEET I OF
3. P.O.C. DENOTES POINT OF COMMENCEMENT. THIS IS NOT A SURVE
p c> y
CERTIFICATE
ri1s IS TO CERTIrY THAT THE SKETCH SMOM'N HfREOH ANO THE ATTACHED OESCRIRTION 13 ACCURATE AND CORRECT TO THE
'1,mi�' >.,'� -+ BEST or MY KNOWLEDGE AND SCLIEF AND DOES NOT REPRESENT A rICLO SURVEY. I NRTHER CfRTFY THAT THIS SKETCH ANO 1
A r t 'ti}yv DESCRIPTION MECTS THE MINIMUM TECHNICAL STANDARDS SET FORTH CINDER RULE S1C1T-a C.A.C. ADOPTED BY THE FLORIDA
rk 1{ +I BOARD OF LAND SVRVEYOR9. 4EPTEMBER 1, 190E lid
I RCMyoNt owfC •T JAMES E. PARK
'!h\IIf ✓ " -srA1E or mamcA
E X H I B I T rROrE551414A1 LANDW.
SURKNR ND. 39t5
fit , j 4 ).K2/7/96 JLS oKum JEP
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wLLJAMS, HATFIELD AND STONER. INC.
' 1901 S. CONGRESS AVE. EN GINEERs • PLANNERS - SURVEYORS BOYNTON' BEACH, FLORIDA
DESCRIPTION
FAU PARCEL {'A"
Block 203"and that portion of Ocean Drive adjacent to Block 203, in HOLLYWOOD
CENTRAL.BEACH, according to the Plat thereof recorded in Plat Book 4, Page 20, Of the
Public Records of Broward County, Florida, LESS that portion of Ocean Drive adjacent
to Block 203 as shown on State of Florida Road Department right-of-way map, Section
No. 86514.-2601 and;
l
4[ That port on of Fifty First Street (Cambridge Street) adjacent to Block 203 as shown on
A said Plat of HOLLYWOOD CENTRAL BEACH, lying East of Ocean Drive as shown on ,
It State of Florida Road Department right of-way map Section No 8603-175 and;
A portion°of NEW RIVER SOUND as shown on said Plat of HOLLYWOOD CENTRAL
BEACH, all the above being more particularly described as follows: i
BEGINNING at the Northeast comer of Block 203 of said Plat; I ,i
THENCE.S 02'06' 00" E on an assumed bearing along the East line of said Block 203
a distance of 53.45 feet, more or less, to the North face of an existing bulkhead;
j.
267.15
THENCE S 860 16, 24" E along the North face of
said bulkhead and its extension
feet more or less, to the West face of a concrete strip for parking meters; j
` �• THENCE'S 05* 10' 50" W along the West face of said concrete strip extended 149.24
yl (; feet, more or less, to a Northerly right-of-way line of State Road A-1-A as shown on State
1 of Florida Road Department right-of-way map Section No. 8603-175;
THENCE;N 86° 29' ill, W along said Northerly right-of-way line 248.19 feet, more or less,
jJ
to the East line of said Black 203;
i
THENCE S 020 06' 00" E along said East line 10.00 feet to the Southeast comer of said
Block 203;
J y " THENCE,S 02^ 54' 10" E 40.00 feet to a point in the South right of-way Ilne of Fifty FirstFirst
Street(dambridge Street), said South right-of-way line also being a Northerly right-o
line of said State Road A-1-A;
oi
14 ;
„ THENCE S 87° 26' 35" W along the last described line 243.90 feet to a point On the East ?^'
line of said Ocean Drive as shown on said Florida Road Department right-of-way map,
Section No. 86514-2601;
THENCE N 030 56' 31" E along the said East line 280.47 feet to a point""A" at the
intersection of the said East line of Ocean Drive with the North line of said Block 203;
r THENCE S 860 03' 29" E along the said North line 215.00 feet to the °POINT OF
7 BEGINNING, at the said Northeast comer of Block 203 and;
,F
COMMENCING at said Point 'A';
i
THENCE N 86- 03' 29" W along said North line 100.00 feet to a paint Ort said North line c
being ttie POINT OF BEGINNING;
1 1'
L, PAGE 3 OF 5
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Wt1LL1AMS, HATFIELD AND STONER. INC.
1901 S. CONGRESS AVE. ENGINEERS • PLANNERS • SURVEYORS BOYNTON' 6EACH, FLORIDA
THENCE continue N 86- 03' 29" W along said North line 128.25 feet, more or less, to the
' Northwest corner of said Block 203, being a point on the East line of Canal as shown on
said plat;
THENCE 8 03a 56' 31" W along said East line of Canal 265.61 feet to the Southwest
comer of said Block 203;
THENCE N 87 a 26' 35" E along the South line of said Block 203 a distance of 123.07 feet
to a point on the West line of said Ocean Drive as shown on said Florida Road
l
Department right-of-way map, Section No. 86514-2601;
�c THENCE N 03a 56' 31" E along said West line 251.61 feet to the POINT OF BEGINNING; taw-
Said Parcel "A" containing 3.06 acres, more or less. d
ARAGON PARCEL "B" i
That portion of the NEW RIVER SOUND as shown on the Plat of HOLLYWOOD CENTRAL
ur BEACH and Recorded in Plat Book 4, Page 20, of the Public Records of Broward County, '
Florida, described as follows:
�`. COMMENCING at the Northeast corner of Block 203 of said Plat,
w THENCE S 020 06' 00" E along the East line of said Block 203 a distance of 53.45 feet, i
eM` more or less, to the North face of said bulkhead; ,F
THENCE Easterly along the North face of said bulkhead 182.66 feet, more or less, to the rtt<
West face of an existing bulkhead being the POINT OF BEGINNING;
THENCE continue S 86o 16' 24" E along on an extension of the North face of said
bulkhead 84.49 feet, more or less, to the West face of a concrete strip for parking meters;
THENCE N 05a 10' 50" E along the West face of said concrete strip 861.86 feet; y
r• r .�s
THENCE N 84a 49' 10" W 84.46 feet to a point on the West face of an existing bulkhead; ' 4
a s<„
THENCE S 05a 10 S0" W along the West face of said bulkhead 864.00 feet to the POINT
OF BEGINNING;
ARAGON PARCEL "C"
That portion of the NEW RIVER SOUND as shown on the Plat of HOLLYWOOD'CENTRAL
BEACH and Recorded in Plat Book 4, Page 20, of the Public Records of Broward County,
,
Florida,:described as follows:
,
COMMENCING at the Northeast comer of Block 203 of said Plat;
THENCE S 02a 06' 00" E along the East line of said Block 203 a distance of 53.45 feet,
more or less, to the North face of said bulkhead;
THENCE Easterly along the North face of said bulkhead 182.66 feet, more or less, to the
L4 x
West face o4 an existing bulkhead;
„j.u"A 3t,. sY+w•o PAGE 4 OF 5
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WIILUAMS. HATFIEI..D AND STONER. INC.
1901 S. CONGRESS AVE. ENGINEERS • PLANNERS,. SURVEYORS BOYNTON' BEACH. FLOR10.
i
THENCE N 05" 10'50" E along the West face of said bulkhead 105.50 feet to the POINT
' OF BEGINNING; '
THENCE continue N 05. 10' SO" E along the West face of said bulkhead 758.50 feet,
THENCE N 84^ 49' 10" W 165.00 feet;
THENCE S 05^ 10' SW W 758.69 feet;
THENCE S 86" 16' 24" E 165.05 feet to the POINT OF BEGINNING;
r s.
C Said Parcels "B" and "C" containing 4.91 acres, more or less. "^
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" N EX T
'} These images were
produced ��
produced in the normal AF7
course of business by:
The Microfilm Depot/
Advanced Imaging Solutions
1213 South 30th Avenue
Hollywood Florida 33020
Brow: (954) 927-4404
Dade: (305) 625-0509
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