HomeMy WebLinkAboutR-2010-081 Agreement with BC Restriction of Residential Development within 60 DNL line RESOLUTION NO. 2010-081
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO
ENTER INTO AN AGREEMENT WITH BROWARD COUNTY TO
RESTRICT NEW RESIDENTIAL DEVELOPMENT WITHIN 60+ DNL (AND
ABOVE) NOISE CONTOURS AND TO PROHIBIT NON-AIRPORT
COMPATIBLE LAND USES; PROVIDING FOR CONFLICTS; FURTHER,
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Dania Beach has initiated a proposed Land Use Plan
Amendment (PC 09-5) establishing a Regional Activity Center ("RAC") land use designation, to
promote economic vitality and community redevelopment within the City; and
WHEREAS, the City of Dania Beach is proposing the inclusion of approximately 7,818
residential units within the RAC; and
WHEREAS, Broward County is the owner and operator of the Fort Lauderdale-
Hollywood International Airport; and
WHEREAS, as a condition of approval of the Land Use Plan Amendment PC 09-5 by
Broward County, the City of Dania Beach has voluntarily agreed to enter into an agreement
restricting new residential development in the areas of the Regional Activity Center ("RAC")
that fall within the Airport's 60 DNL (and above) noise contours as shown on the most current
FAA approved Noise Exposure Map for the Airport and prohibiting incompatible uses within the
RAC as identified in Chapter 333, Florida Statutes;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1. That the City Commission of the City of Dania Beach authorizes the
proper City officials to enter into an agreement with Broward County restricting residential
development in the areas of the Regional Activity Center that fall within the Airport's 60 DNL
(and above) noise contours and to enable legal enforcement of the commitments made by the
City of Dania Beach to Broward County, a copy of which Agreement is attached as Exhibit "A".
Section 2. That all resolutions or parts of resolutions in conflict with this Resolution
are repealed to the extent of such conflict.
Section 3. That this Resolution shall be in force and take effect immediately upon its
passage and adoption.
PASSED and ADOPTED on May 25, 2010.
/ =g O
05 FIRST C/ cELYEA
ATTEST:_ yaps` T YOR—COMMISSIONER
LOUISE STILSON, CMC
CITY CLERK
1
aoRnho
APPR/O'VED AS F AND CORREC ESS:
THOMIASJ.hkNSBItO
CITY ATTORNEY
2 RESOLUTION 42010-081
IKOTICE: DEVELOPERS, PURCHASERS, GRANTEES, HEIRS, SUCCESSORS AND
ASSIGNS OF ANY INTEREST IN THE PROPERTY SET FORTH ON EXHIBIT "A"
ARE HEREBY PUT ON NOTICE OF THE OBLIGATIONS SET FORTH WITHIN THIS
AGREEMENT WHICH SHALL RUN WITH THE PROPERTY UNTIL FULLY
PERFORMED.
AGREEMENT RESTRICTING NEW RESIDENTIAL DEVELOPMENT WITHIN 60+
DNL NOISE CONTOURS
AND NON-AIRPORT COMPATIBLE LAtSES
This is an Agreement, made and entered into_b
W 4* between: BROWARD
COUNTY, a political subdivision of the state of Flcn9da, hereafter referred to as
"COUNTY,"
AND
CITY OF DANIA BEACH, a municipal corporate of the state of Florida
hereinafter referred to as "CITY."
:RECITALS
WHEREAS, CITY is in the prtess of�rovingltedevelopment plan for the
Property more particularly described in Exhibit °� °� ed Mreto ("Property"); and
WHEREAS, C'Y' initiated a prop ed Land Use Plan Amendment PC-09-5
(Amendment PC O for the Pialperty establishing a Regional Activity Center ("RAC„)
land use designaC ,,to promotconomic vlity and community redevelopment within
the City, a copy of wl is tto asachibit "B"; and
V1t� ;the CITY is proposing the inclusion of approximately 7,818
resided units wi ,the I ;.and
,-WHEREAS, CO * Y is the owner and operator of the Fort Lauderdale-
Hollywo6 ernational At rt ("Airport"); and
WHER 1 CITY agrees to restrict new residential development in the areas of
the RAC that fall a Airport's 60 DNL and above noise contours as shown on the
FAA approved 20ise Exposure Map for the Airport, a copy of which is attached
hereto as Exhibit "C"; and prohibit non-compatible uses within the RAC as identified in
Chapter 333, Florida Statutes; and
WHEREAS, the CITY has voluntarily agreed to enter into this Agreement as a
condition of approval of Amendment PC 09-5 to enable legal enforcement of the
commitments made by the City to the County herein; NOW, THEREFORE,
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IN CONSIDERATION of the mutual terms, conditions, promises, and covenants
hereinafter set forth and other good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, COUNTY and CITY agree as follows:
1. RECITALS
The above recitals are true and correct and incorporated herein by reference.
2. NOISE MITIGATION MEASURES
2.01 CITY agrees that any application for a resirtolftl building permit for any
new residential development within that portion of the ji6kbioceted within the 60 DNL
and above noise contours as shown on the FAA approved 2020 Noise Exposure Map
for the Airport, a copy of which is attached hereto es Exhibit "B'; 9W be subject to the
requirement that the developer provide appropri0e noise mitigation measures for such
residential development in order to achieves'Otttdoor-to-indoor Noise Level Reduction
(NLR) of at least twenty-five decibels (25 dB) to thirty dec1s (30 dB).
2.02 CITY shall provide written notice, the COUNTY'S Director of
Environmental Protection and Groaanagement Department, or designee, upon site
plan or plat approval of any residential pact author iead,pursuant to Amendment PC
09-5. Such notification shall include pMject loc on and number and type of units at the
time of site plan or plat approval and shall b�:bohfirmed by the CITY at the time of
building permit.
2.03 CITY ees it wilt accept an application for a building permit for any
new residential us4eveloprit within fhe 60 DNL Area shown on Exhibit "C",
attached hereto and e a � unless CITY receives documentation from the
developer king fE! sion of'n mitigation measures in the construction of
the pr 0 in ianco h subsection 2.01 above, and a commitment from the
develr to prov'i potic all purchasers of such residential housing that the
pro*ty lies within the 00 DNE wise contour and up to but not including the 65 DNL
noise contour, as shown ;the most current FAA approved Noise Exposure Map.
2 04v;� a(1y other reirements of this Agreement notwithstanding, the following
conditions will beexemptfibm the requirements of Sections 2.01 and 2.03.
(a) Any reential project which is the subject of an approved site plan or
building permit that was issued prior to December 8, 2009, provided the
number of residential units with respect to the project shall not be
increased above the number that was approved for the project prior to
December 8, 2009.
(b) Replacement of residential units that existed on a parcel prior to
December 8, 2009 provided there shall be no increase in the number of
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residential units above the number that existed on the parcel on
December 8, 2009.
(c) Issuance of building permits relating to residential uses that exist on
December 8, 2009 provided that there shall be no increase in the number
of residential units on any parcel above that which existed on the parcel
on December 8, 2009,
2.05 Prior to issuance of a building permit for the construction or erection of any
structure to be located in the RAC, City shall verify that,_C and the developer are
complying with the provisions of this Section 2.
3. DEFAULT BY CITY
3.01 CITY, its successor and assigns, agrees that no building permits or
certificate of occupancy shall be obtained from the CITY for any residential development
on any property shown in Exhibit "C until such time as t ,developer provides the noise
mitigation measures required herein. Failure to insure that such residential
development includes such noise mitigation measures shall constitute a default of this
Agreement.
3.02 Nothing herein shall waive or affect the rlgftt of COUNTY to otherwise
require the CITY to comply with the condits of, Amendment PC 09-5 or this
Agreement by any rem zf?r ded by law br bquity. In the event of a breach of this
Agreement, or if enfprcemenf this Agreement is required, the parties agree that
COUNTY shall not be obligated to pay for any noise mitigation measures for any
residential projects or any other`°projects whatsoever within the RAC that are not in
compliance with this Agreemeo,
103 In to event CITY fails to ensure that Developer incorporates noise
mitigation measures resi0aptial developments within the RAC shown in Exhibit "C,
as mired by Section 2 above, ;CITY agrees to accept responsibility for such noise
mitigation measures.
3.04 A failure by CITY to perform hereunder shall be considered a material
breach of this Agreement and COUNTY shall be entitled to seek such legal remedies
against CITY as available to COUNTY.
4. GOVERNMENTAL IMMUNITY
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4.01 CITY is a municipality as defined in Chapter 768.28, Florida Statutes, and
agrees to be responsible for acts and omissions of its agents or employees when
required by law. Nothing herein is intended to serve as a waiver of sovereign immunity
by CITY to the extent sovereign immunity may be applicable. Nothing herein shall be
construed as consent by CITY to be sued by third parties in any matter arising out of
this Agreement or any other contract.
4.02 COUNTY is a political subdivision of the state as defined in Chapter
768.28, Florida Statutes, and agrees to be responsible for sad and omissions of its
agents or employees when required by law. Nothing heron;is intended to serve as a
waiver of sovereign immunity by COUNTY to the exte IOvereign immunity may be
applicable. Nothing herein shall be construed as co by WUNTY to be sued by
third parties in any matter arising out of this Agreement or any other contract.
5. CONTRACT INDEMNIFICATION &,'CITY
As consideration for the COUNTY entering into Ns Agreement with CITY and
adopting the Land Use Plan Amendment iden in tt Agreement, CITY shall, to the
full extent permitted by law, at all times indemn* load harmless and, at the County
Attorney's option, defend or pay a,attorney sited by the County Attorney to
defend COUNTY, its officers, age' s, and oyees from and against any
and all causes of action, demands,� ims, " liabis and expenditures of any
kind, including attorney f s, court cow and ems, re bted in any respect to the
subject matter of this ent, th or a"r�. relopment within the RAC,
including without " tion, ip
py and claims, losses, liabilities, expenditures,
demands or caua lft�B'of action 4 f any n*We whatsoever resulting from injuries or
damages sustaii ,, by any-,,,person or property, or resulting from any inverse
condemnation action* othz � tecjaims. In the event any lawsuit or other
proceeds, �� pught COUNTY by reason of any such claim, cause of action
or de ; ;fall, written notice from COUNTY, resist and defend such
law"alJsr proceeds co w_ I satisfactory to COUNTY or, at COUNTY'S option, pay
for An.attorney selec ,y Cry Attorney to defend COUNTY. The provisions and
obligates of this sec shalt survive the expiration or earlier termination of this
Agreeme6t,
6. !ti
CITY is an subject to Section 768.28, Florida Statutes, and CITY shall
furnish COUNTY with written verification of liability protection in accordance with state
law prior to final execution of this Agreement.
7. NOTICES
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Whenever either party desires to give notice to the other, such notice must be in
writing, sent by certified United States Mail, postage prepaid, return receipt requested,
or by hand-delivery with a request for a written receipt of acknowledgment of delivery,
addressed to the party for whom it is intended at the place last specified. The place for
giving notice shall remain as set forth herein until changed in writing in the manner
provided in this section. For the present, the parties designate the following:
FOR BROWARD COUNTY:
County Administrator
Government Center, Suite 409
115 South Andrews Avenue
Fort Lauderdale, Florida 33301
WITH COPY TO:
Director
Environmental Protection and Growth Manage'
115 South Andrews Avenue
Fort Lauderdale, Florida 33301
FOR CITY:
City Manager
City of Dania h
100 W. Dane each Blvd
Dania Bead° L 33004
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8. THIRD PARTY BENEFICIARIES
Neither CITY nor COUNTY intends to directly or substantially benefit a third party
by this Agreement. The parties expressly acknowledge that it is not their intent to
create any rights in or obligations to any third person or entity by this Agreement;
therefore, the parties agree that there are no third party beneficiaries to this Agreement
and that no third party shall be entitled to assert a claim agar either of them based
upon this Agreement.
10. WAIVER OF BREACH
COUNTY'S failure to enforce any provi of this Agreement shall not be
deemed a waiver of such provision or modifn of this Agreem unless it is in
writing, signed by COUNTY, and such wrif3 waiver shall only be applicable to the
specific instance to which it relates and shalt t ube deem-to be a continuing or future
waiver, shall not be deemed a waiver of an ubs,,"pent breach, and shall not be
construed to be a modification of any of the terms, 1"reement.
10. SEVERANCE
In the event that afovision of ftiis Agr - found by a court of competent
jurisdiction to be invaE I or unenable, remaining provisions shall
continue to be effect iv'
11. JOIt PREPARAWN AND INURPRETATION
The f"s ackf7ffbge that have sought and received whatever
compet�t� rwF�i��a nd v6 sel necessary for them to form a full and complete
undeiding of hts obligations herein and that the preparation of this
Agr nt has been join rt. The language agreed to herein expresses their
mutuat pnt and the f ulting document shall not, solely as a matter of judicial
construcil6h,be construedirore severely against one of the parties than any other.
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12. CONSTRUCTION OF AGREEMENT; COOPERATION
The parties agree that they will cooperate, act in good faith, and make best
efforts to accomplish any and all of the terms, conditions, and provisions of this
Agreement, and shall take all appropriate and necessary actions and execute such
additional documents as are necessary to effectuate this Agreement.
13. PRIORITY OF PROVISIONS
If there is a conflict or inconsistency between any tq_ } statement, requirement,
or provision of any exhibit attached hereto, any document`,ovents referred to herein,
or any document incorporated into this Agreement bXy re and a term, statement,
requirement, or provision of this Agreement, the t , statlnt, requirement, or
provision contained in Articles 1 through 21 of this Agreement sha}wprevail and be given
effect.
14. JURISDICTION, VENUE, WAI OF JURY TRIAL
This Agreement shall be interpreted and trued in accordance with and
governed by the laws of the stain,.vf ,Florida -i",parties agree and accept that
jurisdiction of any controversies or l 6t` ems ar'*w%out of this Agreement, and
any action involving the enforcemenfVr inte 'on of rights hereunder, shall be
in the state courts of the venteenthl udiciai BMWard County, Florida, and
venue for litigation an g suite this Aglrrshalhl such state courts, forsaking
any other jurisdiction Mich eft* party 'rn claim by virtue of its residency or other
jurisdictional device By enter into thi8 Agreement, CITY and COUNTY hereby
expressly waive alhy;rjghts eittW,, party may have to a trial by jury of any civil litigation
related to this Agreement.
15. AMEh}Ts
No modification, mends t, or alteration in the terms or conditions contained
herein shell be effective tess coained in a written document prepared with the same
or similar formality as thisAagreement and executed by COUNTY and CITY, or others
delegated atprity to or otherwise authorized to execute same on their behalf.
16. PRIQR EEMENTS
This document represents the final and complete understanding of the parties
and incorporates or supersedes all prior negotiations, correspondence, conversations,
agreements, and understandings applicable to the matters contained herein. The
parties agree that there is no commitment, agreement, or understanding concerning the
subject matter of this Agreement that is not contained in this written document.
Accordingly, the parties agree that no deviation from the terms hereof shall be
predicated upon any prior representation or agreement, whether oral or written.
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17. REMEDIES
In the event of breach or default of any term, condition, covenant, or obligation of
this Agreement by either party, the other party may exercise any right available to it at
law or equity, including without limitation, actions for specific performance and injunctive
relief, and all such remedies shall be cumulative.
18. INCORPORATION BY REFERENCE
The truth and accuracy of each 'Whereas" clause set forth above is
acknowledged by the parties. The attached Exhibits;X and "B" are incorporated into
and made a part of this Agreement.
19. RECORDING OF AGREEMENT
The CITY agrees to record this Agreement in the Official Records of Broward
County, Florida, at its expense.
20. MULTIPLE ORIGINALS
Multiple copies of this Agreement may executed by all parties, each of which,
bearing original signatures, shall have the force and effect of� in original document.
IN WITNESS.", IEREOF, the parties have made and executed this Agreement
on the respective s under each signat ; BROWARD COUNTY through its Board
of County Commisi06pers, sign V by and thigh its Mayor or Vice Mayor, authorized
to execute same on the ly#f 20 and CITY, signing by
and through;its CJITY fU" r, duly auth!*�d to execute same on the day of
2000UNTY
ATTEST: BROWARD COUNTY, by and through its
Board of County Commissioners
By
County Administrator and Ex-Officio Mayor
Clerk of the Board of County
Commissioners of Broward County, day of , 20
Florida
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AGREEMENT BETWEEN THE CITY OF DANIA BEACH AND BROWARD COUNTY
RESTRICTING NEW RESIDENTIAL DEVELOPMENT WITHIN 60 DNL+ NOISE
CONTOURS AND NON-AIRPORT COMPATIBLE LAND USES
Approved as to form
Jeffrey J. Newton, County Attorney
Governmental Center, Suite 423
115 South Andrewstue
Fort Lauderdale, Fj01
Telephone: 954-367=?600
Telecopier: 95 - 7-7641
By
Christine C. Lee
Senior Assistant County Attorney
CITY
ATTEST: CITY OF DANIA BEACH
By
City Clerk
City Manager
day of , 20_
Approved as to Form:
By
City Attorney
8/25/2009
#06-401.39
#09-071.31
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ACKNOWLEDGEMENT FOR CITY
STATE OF FLORIDA )
COUNTY OF BROWARD )
The foregoing instrument was acknowledged before me this _ day of
, 20_ by , as City Manager of the City of Dania
Beach, a Florida municipal corporation, on behalf of the municipal corporation, who is personally
known to me.
My Commission Expires:
(Signature of Notary Wing acknowledgement)
NOTARY PUBLIC, STATE OF FLORIDA
Commission Number:
(Name of Wknowledger typedlprlinled/stamped)
STATE OF FLORIDA )
COUNTY OF BROWARD )
The foregoing instrument was, acknowledged before me this day of
, 20_, by City Clerk of the City of Dania
Beach, a Florida municipal corporation, on behalf of the municipal corporation, who is personally
known to me.
My Commission Expires:
(Signature of Notary taking acknowledgement)
NOTARY PUBLIC, STATE OF FLORIDA
Commission Number:
(Name of Acknowledger typed, printed or stamped)
ACKNMEDGEMENT FOR COUNTY
STATE OF FLORIDA )
COUNTY O#lBROWARD j
The fore gong instrument was acknowledged before me this day of
, 20_ by as MayorNice Mayor of the
Broward County Board'of County Commissioners, a political subdivision of the State of Florida,
on behalf of Broward County, who is personally known to me.
My Commission Expires:
(Signature of Notary taking acknowledgement)
NOTARY PUBLIC, STATE OF FLORIDA
Commission Number:
(Name of Acknowledger typed, printed or stamped)
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EXHIBIT "A'
Property
EXHIBIT "B"
Land Use Plan Amendment PC-09-5
EXHIBIT "C"
60 DNL Area
Return recorded document to:
Director, Environmental Protection &
Growth Management Department
115 South Andrews Avenue
Fort Lauderdale, Florida 33301
Document Prepared by:
Christine C. Lee, Senior Assistant County Attorney
Office of Broward County Attorney
c/o Aviation Department
100 Aviation Boulevard
Fort Lauderdale, Florida 33315
NOTICE: DEVELOPERS, PURCHASERS, GRANTEES, HEIRS, SUCCESSORS AND
ASSIGNS OF ANY INTEREST IN THE PROPERTY SET FORTH ON EXHIBIT "D"
ARE HEREBY PUT ON NOTICE OF THE OBLIGATIONS SET FORTH WITHIN THIS
AGREEMENT WHICH SHALL RUN WITH THE PROPERTY UNTIL FULLY
PERFORMED.
AGREEMENT RESTRICTING NEW RESIDENTIAL DWELLING UNITS
WITHIN 60+ DNL NOISE CONTOURS
AND NON-AIRPORT COMPATIBLE LAND USES
This is an Agreement, made and entered into by and between: BROWARD
COUNTY, a political subdivision of the state of Florida, hereinafter referred to as
"COUNTY,"
AND
CITY OF DANIA BEACH, a municipal corporation of the state of Florida
hereinafter referred to as "CITY."
RECITALS
WHEREAS, CITY initiated a proposed Land Use Plan Amendment (PC 09-5)
("Amendment PC 09-5") establishing a Regional Activity Center ('RAC") land use
designation, to promote economic vitality and community redevelopment within the
CITY, a legal description is attached hereto as Exhibit "D"; and
WHEREAS, the CITY is proposing the inclusion of approximately 7,818
residential dwelling units within the RAC; and
WHEREAS, CITY is in the process of approving a redevelopment plan for
vacant, residentially zoned Property, containing approximately 42+/- acres which are
currently vested for a maximum of 402 dwelling units, more particularly described in
Exhibit "A", Exhibit "B" and Exhibit "C" attached hereto ("Property"); and
WHEREAS, the CITY seeks to maintain the existing residential development
rights on the vacant, residentially zoned "Property' described in Exhibit "A", Exhibit "B"
and Exhibit "C"; and
WHEREAS, COUNTY is the owner and operator of the Fort Lauderdale-
Hollywood International Airport ("Airport"); and
WHEREAS, CITY agrees to prohibit new residential dwelling units in the areas of
the RAC that fall within the Airport's 60 DNL and above noise contours as shown on the
most recent FAA accepted long range noise exposure contours for the Airport ("60+
DNL Area"), except as provided for by Sections 2.03 and 2.05, and to prohibit non-
airport compatible uses within the RAC as identified in Chapter 333, Florida Statutes,
and also Table 1, 14 CFR Part 150, Appendix B, as amended from time to time; and
WHEREAS, CITY has voluntarily agreed to enter into this Agreement as a
condition of approval of Amendment PC 09-5 to enable legal enforcement of the
commitments made by the CITY to the COUNTY herein; NOW, THEREFORE,
IN CONSIDERATION of the mutual terms, conditions, promises, and covenants
hereinafter set forth and other good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, COUNTY and CITY agree as follows:
1. RECITALS
1.01 The above recitals are true and correct and incorporated herein by
reference.
1.02 For the purposes of this Agreement, "current Noise Exposure Map for the
Airport" shall mean and refer to the then most recent FAA accepted long range noise
exposure contours for the Airport.
2. LAND USE REQUIREMENTS
2.01 Except as provided for in Section 2.03, CITY agrees that it will not accept
an application for a building permit for any new residential dwelling unit within that
portion of the RAC located within the 60+ DNL Area and it will not permit any non-airport
compatible land uses within the RAC, as identified in Chapter 333, Florida Statutes, and
also Table 1, 14 CFR Part 150, Appendix B, as amended from time to time.
2.02 CITY shall provide written notice to the COUNTY's Director of the
Environmental Protection and Growth Management Department, or designee, upon site
plan or plat approval of any residential project authorized pursuant to Amendment PC
09-5. Such notification shall include project location and number and type of units at the
time of site plan or plat approval and shall be confirmed by the CITY at the time of
building permit.
2
2.03 Any other requirements of this Agreement notwithstanding, the following
conditions will be exempt from the requirements of Section 2.01:
(a) Any residential project which is the subject of an approved, unexpired plat,
site plan or building permit where said approval was issued prior to December 8,
2009, or any property which was residentially zoned as of December 8, 2009,
provided the number of residential dwelling units shall not be increased above
the number that was approved prior to December 8, 2009.
(b) Replacement of residential dwelling units that existed on a parcel prior to
December 8, 2009, provided there shall be no increase in the number of
residential dwelling units above the number that existed on the parcel on
December 8, 2009.
(c) Issuance of building permits for new residential dwelling units constructed
within the parcels depicted on the attached Exhibit "A", Exhibit "B" and Exhibit "C"
provided there shall be no increase in the amount of residential density above the
amount of residential density that was permitted on any said parcel prior to
December 8, 2009.
2.04 CITY agrees that any application for a residential building permit for any
new residential dwelling unit authorized under Sections 2.03 and 2.05 and within that
portion of the RAC located within the 60+ DNL Area shall be subject to the requirement
that the developer provide appropriate noise mitigation measures for such residential
dwelling unit in order to achieve outdoor-to-indoor Noise Level Reduction (NLR) of at
least twenty-five decibels (25 dB) to thirty decibels (30 dB).
2.05 CITY agrees that any application for a residential building permit for any
new residential dwelling unit on property which was not located within that portion of the
RAC located within the 60+ DNL Area under the current Noise Exposure Map for the
Airport as of the execution of this Agreement, but which falls within the 60+ DNL Area
under any subsequent change to the current Noise Exposure Map for the Airport, shall
be subject to the requirement that the developer record a separate document in the
Broward County public records against all the property in the subject development to
provide notification of potential aircraft overflight and noise impacts on the property
pursuant to Subsection 5-182 (n), Broward County Code of Ordinances.
2.06 Prior to issuance of a building permit for the construction or erection of any
structure to be located in the RAC, CITY shall verify that CITY and the developer are
complying with the provisions of this Section 2.
3. DEFAULT BY CITY
3.01 CITY, its successors and assigns, agrees that no building permit or
certificate of occupancy shall be obtained from the CITY for any new residential dwelling
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unit within that portion of the RAC located within the 60+ DNL Area, except as
specifically provided for in Sections 2.03 and 2.05, or for any non-airport compatible
land use within the RAC, as identified in Chapter 333, Florida Statutes, and also Table
1, 14 CFR Part 150, Appendix B, as amended from time to time. Failure to comply with
these requirements shall constitute a default of this Agreement.
3.02 Nothing herein shall waive or affect the right of COUNTY to otherwise
require the CITY to comply with the conditions of Amendment PC 09-5 and this
Agreement by any remedy provided by law or equity. In the event of a breach of this
Agreement, or if enforcement of this Agreement is" required, the parties agree that
COUNTY shall not be obligated to pay for any noise mitigation measures or for any
other measures, or take any action whatsoever, with respect to any residential projects
or other projects within the RAC that are not in compliance with this Agreement.
3.03 A failure by CITY to perform hereunder shall be considered a material
breach of this Agreement and COUNTY shall be entitled to seek such legal remedies
against CITY as may be available to COUNTY.
4. GOVERNMENTAL IMMUNITY
4.01 CITY is a municipality as defined in Chapter 768.28, Florida Statutes, and
agrees to be responsible for acts and omissions of its agents or employees when
required by law. Nothing herein is intended to serve as a waiver of sovereign immunity
by CITY to the extent sovereign immunity may be applicable. Nothing herein shall be
construed as consent by CITY to be sued by third parties in any matter arising out of
this Agreement or any other contract.
4.02 COUNTY is a political subdivision of the state as defined in Chapter
768.28, Florida Statutes, and agrees to be responsible for acts and omissions of its
agents or employees when required by law. Nothing herein is intended to serve as a
waiver of sovereign immunity by COUNTY to the extent sovereign immunity may be
applicable. Nothing herein shall be construed as consent by COUNTY to be sued by
third parties in any matter arising out of this Agreement or any other contract.
5. CONTRACT INDEMNIFICATION BY CITY
As consideration for the COUNTY entering into this Agreement with CITY and
adopting the Land Use Plan Amendment identified in this Agreement, CITY shall, to
the full extent permitted by law, at all times indemnify, hold harmless and, at the
County Attorney's option, defend or pay for an attorney selected by the County
Attorney to defend COUNTY, its officers, agents, servants, and employees from and
against any and all causes of action, demands, claims, losses, liabilities and
expenditures of any kind, including attorney fees, court costs, and expenses, related in
any respect to the subject matter of this Agreement, the RAC or any development
within the RAC, including without limitation, any and all claims, losses, liabilities,
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expenditures, demands or causes of action of any nature whatsoever resulting from
injuries or damages sustained by any person or property, or resulting from any inverse
condemnation action or other takings related claims. In the event any lawsuit or other
proceeding is brought against COUNTY by reason of any such claim, cause of action
or demand, CITY shall, upon written notice from COUNTY, resist and defend such
lawsuit or proceeding by counsel satisfactory to COUNTY or, at COUNTY's option, pay
for an attorney selected by County Attorney to defend COUNTY. The provisions and
obligations of this section shall survive the expiration or earlier termination of this
Agreement.
6. INSURANCE
CITY is an entity subject to Section 768.28, Florida Statutes, and CITY shall
furnish COUNTY with written verification of liability protection in accordance with state
law prior to final execution of this Agreement.
7. NOTICES
Whenever either party desires to give notice to the other, such notice must be in
writing, sent by certified United States Mail, postage prepaid, return receipt requested,
or by hand-delivery with a request for a written receipt of acknowledgment of delivery,
addressed to the party for whom it is intended at the place last specified. The place for
giving notice shall remain as set forth herein until changed in writing in the manner
provided in this section. For the present, the parties designate the following:
FOR BROWARD COUNTY:
County Administrator
Government Center, Suite 409
115 South Andrews Avenue
Fort Lauderdale, Florida 33301
WITH COPY TO:
Director
Environmental Protection and Growth Management Department
115 South Andrews Avenue
Fort Lauderdale, Florida 33301
FOR CITY:
City Manager
City of Dania Beach
100 West Dania Beach Boulevard
City of Dania Beach, Florida 33004
- 5 -
8. THIRD PARTY BENEFICIARIES
Neither CITY nor COUNTY intends to directly or substantially benefit a third party
by this Agreement. The parties expressly acknowledge that it is not their intent to
create any rights in or obligations to any third person or entity by this Agreement;
therefore, the parties agree that there are no third party beneficiaries to this Agreement
and that no third party shall be entitled to assert a claim against either of them based
upon this Agreement.
9. WAIVER OF BREACH
COUNTY's failure to enforce any provision of this Agreement shall not be
deemed a waiver of such provision or modification of this Agreement unless it is in
writing, signed by COUNTY, and such written waiver shall only be applicable to the
specific instance to which it relates and shall not be deemed to be a continuing or future
waiver, shall not be deemed a waiver of any subsequent breach, and shall not be
construed to be a modification of any of the terms of this Agreement.
10. SEVERANCE
In the event that a provision of this Agreement is found by a court of competent
jurisdiction to be invalid, illegal or unenforceable, the remaining provisions shall
continue to be effective.
11. JOINT PREPARATION AND INTERPRETATION
The parties acknowledge that they have sought and received whatever
competent advice and counsel necessary for them to form a full and complete
understanding of all rights and obligations herein and that the preparation of this
Agreement has been their joint effort. The language agreed to herein expresses their
mutual intent and the resulting document shall not, solely as a matter of judicial
construction, be construed more severely against one of the parties than any other.
12. CONSTRUCTION OF AGREEMENT: COOPERATION
The parties agree that they will cooperate, act in good faith, and make best
efforts to accomplish any and all of the terms, conditions, and provisions of this
Agreement, and shall take all appropriate and necessary actions and execute such
additional documents as are necessary to effectuate this Agreement.
- 6 -
13. PRIORITY OF PROVISIONS
If there is a conflict or inconsistency between any term, statement, requirement,
or provision of any exhibit attached hereto, any document or events referred to herein,
or any document incorporated into this Agreement by reference and a term, statement,
requirement, or provision of this Agreement, the term, statement, requirement, or
provision contained in Articles 1 through 20 of this Agreement shall prevail and be given
effect.
14. JURISDICTION, VENUE, WAIVER OF JURY TRIAL
This Agreement shall be interpreted and construed in accordance with and
governed by the laws of the state of Florida. The parties agree and accept that
jurisdiction of any controversies or legal problems arising out of this Agreement, and
any action involving the enforcement or interpretation of any rights hereunder, shall be
in the state courts of the Seventeenth Judicial Circuit in Broward County, Florida, and
venue for litigation arising out of this Agreement shall be in such state courts, forsaking
any other jurisdiction which either party may claim by virtue of its residency or other
jurisdictional device. By entering into this Agreement, CITY and COUNTY hereby
expressly waive any rights either party may have to a trial by jury of any civil litigation
related to this Agreement.
15. AMENDMENTS
No modification, amendment, or alteration in the terms or conditions contained
herein shall be effective unless contained in a written document prepared with the same
or similar formality as this Agreement and executed by COUNTY and CITY, or others
delegated authority to, or otherwise authorized to, execute same on their behalf.
16. PRIOR AGREEMENTS
This document represents the final and complete understanding of the parties
and incorporates or supersedes all prior negotiations, correspondence, conversations,
agreements, and understandings applicable to the matters contained herein. The
parties agree that there is no commitment, agreement, or understanding concerning the
subject matter of this Agreement that is not contained in this written document.
Accordingly, the parties agree that no deviation from the terms hereof shall be
predicated upon any prior representation or agreement, whether oral or written.
17. REMEDIES
In the event of breach or default of any term, condition, covenant, or obligation of
this Agreement by either party, the other party may exercise any right available to it at
law or equity, including without limitation, actions for specific performance and injunctive
relief, and all such remedies shall be cumulative.
- 7 -
18. INCORPORATION BY REFERENCE
The truth and accuracy of each "Whereas" clause set forth above is
acknowledged by the parties. The attached Exhibit "A", Exhibit "B", and Exhibit "C" are
incorporated into and made a part of this Agreement.
19. RECORDING OF AGREEMENT
The CITY agrees to record this Agreement in the Official Records of Broward
County, Florida, at its expense.
20. MULTIPLE ORIGINALS
Multiple copies of this Agreement may be executed by all parties, each of which,
bearing original signatures, shall have the force and effect of an original document.
[THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK]
- 8 -
IN WITNESS WHEREOF, the parties have made and executed this Agreement
on the respective dates under each signature: BROWARD COUNTY through its Board
of County Commissioners, signing by and through its Mayor or Vice Mayor, authorized
to execute same on the _ day of , 2010, and CITY, signing by
and through its Mayor or Vice Mayor, duly authorized to execute same on the
day of 2010.
COUNTY
ATTEST: BROWARD COUNTY, by and through its
Board of County Commissioners
By
County Administrator and Ex-Officio Mayor
Clerk of the Board of County
Commissioners of Broward County, day of 2010.
Florida
Approved as to form
Jeffrey J. Newton, County Attorney
Governmental Center, Suite 423
115 South Andrews Avenue
Fort Lauderdale, FL 33301
Telephone: 954-357-7600
Telecopier: 954-357-7641
By
Christine C. Lee,
Senior Assistant County Attorney
File 09-071.63
May 11, 2010
- 9 -
AGREEMENT BETWEEN CITY OF DANIA AND COUNTY RESTRICTING NEW
RESIDENTIAL DWELLING UNITS WITHIN 60+ DNL NOISE CONTOURS AND NON-
AIRPORT COMPATIBLE LAND USES
CITY
ATTEST: CITY OF DANIA BEACH
By
Clerk / Mayor
"z5`'day of 2010.
Approved as to Form:
�-1 By �; ' r ' 1
Thomas sb City Attorney
6Q��yRo'S F/
rt
ATED 1gC�
10 -
ACKNOWLEDG -WENT FOR CfTY
STATE OF FLORID"'
COLT 77'Y OF BRDVV"RD
The foregoing instrument v,ra; acknowledged before me this � day of
20,1Q by as Cv/IayoWice Mayor of the City of Dania
Bea , a Florida municipal corporation, on b half of the municipal corporation, who is personally
known to me.
My Commission Expiresl�I��2oIt{ !u�
Ignatur of 'Jotary taking acknowledgement)
_ NOT=,RY PUBLIC, STATE OF FLORIDA
Commission Number. #ZL` IM ff
cia li Le- �cxLn c�
h a f A ' n w edger typed/panted/stamped)
' JANICE L.SAUNDERS
Notary Public-State of Florida
c�..� My Comm.Expires Jul 10,2014
STATE OF FLO. F Commission I EE 1297
COUNTY OF BROVVARD 8endsd Through National Notary Assn.
Th fore-Ding Instrument was acknow!edged before me this -Q-5 day of
�iia
20�0, by as City Clerk of the City of Dania
Be h, a Florida municipal corporation., on behalf of the municipal corporation, who is personally
known to me.My Commission Expires:n Ill$I2Ciy
( ature of N ry taking acknowledgement)
TARY PUBLIC, STATE OF FLORIDA
Commission Number:10-acr 1
Janice- Saunders
JANICE L.SAUNDERS (Name of Acknowledger typed, printed or stamped)
Notary Public-Stale of Florida
• My Comm.Expires Jul 18,2014 ACKNOWLEDGEMENT FOR COUNTY
Commission M EE 1297
BON Through National Notary A
COUNTY OF BROWARD )
The foregoing instrument was acknowledged beforeM e this Mayor day
the
20 , by as
Broward County Board of County Commissioners, a political subdivision of the State of Florida,
on behalf of Broward County, who is personally known to me.
My Commission Expires:
(Signature of Notary taking acknowledgement)
NOTARY PUBLIC, STATE OF FLORIDA
Commission Number:
(Name of Acknowledger typed, printed or stamped)
- 11 -
EXHIBIT "A"
LEGAL DESCRIPTIONS AND SKETCH
(Exempt area pursuant to Subsection 2.03(c))
EXHIBIT "A"
Page 1 of 2
LEGAL DESCRIPTION
Lots 1,2, and 3 "The Pavilion", According to the Plat thereof, as recorded in
Plat Book 77, at Page 20, of the Public Records of Broward County, Florida.
Together with:
The East 1/2 of the NW 1/ of the NE '/4, of the SW 1/4, Section 35, Township 50
South, Range 42 East, Broward County, Florida, and the west 30 feet of
Parcel A, "Roddy Dania Plat No. 1", according to the plat thereof, as
recorded in Plat Book 102, at page 26 of the Public records of Broward
County,Florida.
Rezoned to RM-2 by City of Dania Beach Ordinance 2004-015 on April 13, 2004
EXHIBIT "A"
Page 2 of 2
ser,os -
PARCEL A et
15.02 ACRES 1--�
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LOCATION MAP IL Ofl
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EXHIBIT "B"
LEGAL DESCRIPTION AND SKETCH
(Exempt area Pursuant to Subsection 2.031c))
EXHIBIT "B"
Page 1 of 3
LEGAL DESCRIPTION
Parcel B, "Dania Jai-Alai Plat",According to the Plat thereof, as recorded in
Plat Book 177, at Page 170, of the Public Records of Broward County,
Florida.
EXHIBIT "B"
Page 2 of 3
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EXHIBIT "B"
Page 3 of 3
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EXHIBIT "C"
LEGAL DESCRIPTION AND SKETCH
(Exempt area pursuant to Subsection 2.03(c))
EXHIBIT "C"
Page 1 of 1
LEGAL DESCRIPTION
Amended Plat of a Portion of"Harbor Lawns No 1", Plat Book 34, Page 5;
Containing 12 Acres, more or less;
- - - r
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EXHIBIT "D"
LEGAL DESCRIPTION AND SKETCH OF RAC
EXHIBIT "D"
Page 1 of 2
DESCRIPTION OF THE SIZE AND BOUNDARIES OF THE AMENDMENT:
The total land area of the amendment is 1,349.1 acres. The boundaries of the amendment
site are congruous with the expanded boundaries of the City of Dania Beach Community
Redevelopment Area(CRA)as proposed for adoption.
LEGAL DESCRIPTION OF THE AREA PROPOSED TO BE AMENDED:
Commencing at the intersection of Sheridan Street and North 22nd Avenue, the
Community Redevelopment Area boundary extends east along Sheridan Street to SE 3rd
Avenue, then north to SE l5th Street, then west to SE 2nd Avenue, then north along SE
2nd Avenue to SE 1St Street, then east along SE 1st Street to the city limits of Dania
Beach, then north to Dania Beach Boulevard, then east along Dania Beach Boulevard to
the city limits of Dania Beach, then north approximately 1,300 feet, then west
approximately 680 feet, then south approximately 630 feet, then west to Gulfstream
Road, then south approximately 315 feet, then west approximately 640 feet,then south to
Dania Beach Boulevard,then west along Dania Beach Boulevard to NE 5th Avenue, then
north along NE 5th Avenue to the Dania Beach cut-off canal, then east along the canal
approximately 2,000 feet, then north approximately 1,285 feet to the city limits of Dania
Beach, then west along the city limits of Dania Beach until reaching the single family
homes located on NW 6th Avenue, then south along the east property line of the
aforementioned homes to the Dania Beach cut-off canal, then west along the canal to
North Bryan Road, then south approximately 510 feet, then west approximately 1,325
feet, then south approximately 1,100 feet, then west to 1-95, then south along 1-95 and
continuing south along the 1-95 ramp approximately 2,030 feet, then east 875 feet, then
south to Stirling Road, then east along Stirling Road to North 22nd Avenue, then south
along NE 22nd Avenue to the point of commencement. Said area containing 1,349.1
acres more or less.
PROPOSED `v LjRE LAND USE, :OC- IU14, AND 6vUl\J^.^-.K1 l �l i= EXHIBIT "Dn
Page 2 of 2
,
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Feet '
SHERIDAN ST -
LOCATiCN I✓A? _ _-----
' LEGEND
—r + ' ;;# ADJACENT MUNICIPALITIES
ter' DANIA BEACH MUNICIPAL BOUNDARY
.s
-J"1 ' v� " i x PROPOSED FUTURE LAND USE
--- _'! REGIONAL ACTIVITY CENTER (RAC)
sw