HomeMy WebLinkAboutR-2013-004 Executed an Agreement for an Amendment of a Notation on a Plat for Harbour Towne Marina Plat (Plat 056-MP-82) RESOLUTION NO. 2013-004
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO
EXECUTE AN AGREEMENT FOR AN AMENDMENT OF A NOTATION ON A
PLAT, FOR THE HARBOUR TOWNE MARINA PLAT (PLAT 056-MP-82);
PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS,the City of Dania Beach("City")is the owner of the property included within
the Harbour Towne Marina Plat ("Plat"), which was originally approved by the Board of County
Commissioners of Broward County on July 20, 1982 as Plat 056-MP-82; and
WHEREAS,the City has determined that there exists a need for amendment of the notation
on the face of the Plat; and
WHEREAS, on December 11, 2012, the Board of County Commissioners of Broward
County approved the amendment of the notation on the face of the Plat; and
WHEREAS, the City Commission finds that it is in the best interest of the citizens and
residents of the City to authorize the proper City officials to execute the Agreement for Amendment
of Notation on Plat for the Harbour Towne Marina Plat;
NOW, THEREFORE,BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH,FLORIDA:
Section 1. That the Agreement for Amendment of Notation on Plat for the Harbour
Towne Marina Plat(Plat 056-MP-82),in substantial form as attached as Exhibit"A"which is made
a part of and incorporated into this Resolution by this reference, is approved and the proper City
officials are authorized to execute it.
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repealed to the extent of such conflict.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 the City Manager and City Attorney are authorized to make minor
revisions to the Agreement for Amendment of Notation on Plat which are deemed necessary and
proper and in the best interests of the City.
Section 4. That this Resolution shall be in force and take effect immediately upon its
passage and adoption
PASSED AND ADOPTED on January 8, 2013.
ATTEST:
C�4,t
1"4 7Z
LOUISE STILSON, CMC ALTER DUKE III
CITY CLERK MAYOR
OWN W'S F/�1
APPROVED A4A TO FORM AND CORRECTNESS
1
TH* S J
CITY ATT IEYV nr�o
2 RESOLUTION#2013-004
CITY OF DANIA BEACH
COMMUNITY DEVELOPMENT DEPARTMENT
STAFF REPORT
DATE: January 8, 2013
TO: Robert Baldwin, City Manager
VIA: Marc LaFerrier, AICP, Dir
FROM: Corinne Lajoie,AICP, LEED Green Associate, Principal Plannerp�a�`G-v
SUBJECT: PL-34-12: Agreement for amendment of plat note for the property /
located at 801-901 NE 3 Street.
PROPERTY INFORMATION:
ZONING: Commercial (C-4) & Open Space(OS)
FUTURE LAND USE: Commercial & Parks and Recreation
The subject property is located in the Harbour Towne Marina, which is located on the south
side of the Dania Canal. This property is owned by the city and was originally approved by
Broward County on July 20, 1982.
On September 25, 2012 the City Commission approved a plat note amendment reflecting
existing uses on the property and allowing for a small increase in the floor area for additional
support services. On December 11, 2012 Broward County approved a modified plat note
amendment allowing for a modification only to validate existing uses. Therefore, as owner
of the property, the City of Dania Beach must approve the agreement for amendment of the
plat note, consistent with the actions of the County Commission.
The amendment approved by Broward County reads as follows:
This plat is restricted to a marina with 45,359 sq. ft. of boat storage for 232 dry
boat slips, 97 wet boat slips, a 9,200 sq. ft. community center, 28,256 sq. ft. of
general industrial use(existing), ,
and 17,085 sq.ft. of office use(existing).
CITY COMMISSION PREVIOUS ACTION
On September 25, 2012 the City Commission approved the original plat note amendment
reflecting today's uses of the property and 5,000 additional square feet.
STAFF RECOMMENDATION
Approve.
l �
City of Dania Beady Ronda
Department of CorarrN sky Devdopmeat
Planning and Zoning Division
(954)924-MS X3643
(954)922-2687 Fax
Standard dopn>len .Appicatlon
O Administrative variance
O Land Use Amendment
O Plat
(3 Resoning Date Reed:
0 5ibe Plan PetltJon No.:
O Special f ceptlan
0 Variance
0 Other: PLATWMAMENMANT (MA/MK=0gIU1fWS0MK4EFdWVPA6E33l4)
THIS APPLICATION MALL NOT BE ACCEPTED UNTIL IT IS COMPLETE AND SUBMJTTED WITH
ALL NECESARRY DOCUMENTS. Refer to the application type at the top of this form and "Rmpdmd
DocumentalJon"checidist to determine the s40ernental documents required with each application.
For after the fact applications, the responsible contractor of record shall be present at the board tmtng.
Their failure to attend may hnpact upon the disposition of your application. As always,the applicant or threw
authorized legal agent must be present at all meetings. All projects must also obtain a building permit from
the City Building Division. For more Information please reference the Dania Beach LmW Development
Code Part 6,Devabpment Review Praoeduns and Rerlydremenb.
Location Address: 801/901 NE 3 ST, Dania Beach, FL 33004
Loks): Block• Subdivision:
Recorded Plat Name: HARBOUR TOWNE MARINA
sow 3516 OM, Parcels A$B PB 118-34
Fdlo Number(s): SM 3516 0010 Legal Description:
( �onsultantf Legal Representative(cMe ans) Craven Thompson & Associates; Inc.
Address ofApplicant 3563 NW 53 ST, Fort Lauderdale, FL 33309
Business Telephone: 954-739-6400 Home. Fax: 954-739-6409
Email address: Catherine A. Donn: cdonn@craventhompson.com
Name of"erty owner: City of Dania Beach
Address of Property Owner: 100 W Dania Beach Blvd, Dania Beach, FL 33004
Business Telephone: 954-92"300 Home. Fax:
EgAanatlon of Request To bring the plat note in conformance with the approved site plan.
Far Pk&pie proAate propel Plat/lance har ldbrhrscler phow attadi kAMNAMWas
Secftw 62F.40 of&W Load orraAoyr merit Cods.
Prop. Net Acreage: 21.2162 Gross Acreage: 23.399 gyp.Square Footage: 924,179 SF
Existing Use: Marina,Community Center Proposed Use: Martha,communky CenW,Gen.hrdusUial,once
This requires a plat note amendment agreement to be approved and executed by the city.
1 �
is property owned individually, by a corporation, association, or a joint
venture? Property owned by City&leased by Harbour Towne Marina LLC fka Harbour Towne Associate
APPUZUKENT OF AN AUTHORIZED REPRESENTATIVE
1/we are fully aware of the request being made to the City of Dania Beach. H i/we are unable
to be present,I/we hereby authorize Craven Thompson&Associates,Inc.
(individual/firm) to represent me/us in all matters related to this application. I/we hereby
acknowledge that the applicable fee was established to offset administrative costs and Is not
refundable,
I/we are fully aware that all approvals automatically expire wNhin 12 months of City of Donis
Beady Planning and Board or city Commission approval, or pursuant to the expiration
tbnsh"no listed hIpfaceg of the Danis Beads Land Development Code.
( signature*) (]oint owner signature N applicable)
N Y REQun>;Eo:
,4M> "J'at
» /�
was&CIOW"ifeow,
WFORE ME 7MW t t"%DAYOF 20—i-01—fir.
l sir— r&§Wft,wm WA%*WxNQ
Who is/ onaiI known to me _ or produced Ideri f catlon to a TGWMW VM
T"M of Identl tatlon pro uce r nse Noiuy Poore-eau of FWW
•: My comet.6pkn Aw 27.2413
Commission#W M822
n
Notary Signature:
Bonded Inman NWWW NaUry Ann.
Printed name of
*If joint ownership, both parties must sign. If partnership, corporation or
association,an authorized officer must sign on behalf of the group. A notarized
letter of authorization from the owner of record must accompany the
application if an authorized a signs for the awn s .
NOAPPLICATION WILL BEAUTOMATICALL YSCHEDULED FOR A MEETING.
ALL APPLICATIONS MUST BE DETERMINED COMPLETE 8YSTAFF
BEFORE PROCESSIMG OCCURS.
2 of 4
j
PREVIOUS ITEM BROWARD COUNTY NEXT ITEM
BOARD OF COUNTY COMMISSIONERS
BIB ARD Meeting Date
4W. COUNTY AGENDA ITEM # 12/11/12
10:00 A.M.
Page 1 of 2
Requested Action (Identify app►oprkte Action or Motion,Authorfty or Requirement for Hem end l kmw the ouloome
and/or purpose of Hem.)
DELEGATION: Catherine Donn, representing the City of Dania Beach, regarding request to amend
the plat note on Harbour Towne Marina (056-MP-82). (Commission District 7) (Deferred from
November 27,2012—Item No. 22)
Why Action Is Necessary: Chapter 5, Article IX of the Broward County Code of Ordinances (The
Broward County Land Development Code) requires changes to previously
approved or recorded plats to be approved by the Board of County
Commissioners.
What Action Accomplishes: Compliance with the Broward County Land Development Code.
Is this Action Commission Goal Related? ❑ Yes ® No
Is this Action related to the American Recovery and Reinvestment Act of 2009? ❑ Yes ® No
(The first sentence Includes fhe Agency recommendation.Provide an executive
Summary Explanation/Background summary of the action Est gives an overview of the relevant dslaaa for the item.
Idenft how Hem masts Comm' lion Challenge Goal.)
THE ENVIRONMENTAL PROTECTION AND GROWTH MANAGEMENT DEPARTMENT AND
PLANNING AND ENVIRONMENTAL REGULATION DIVISION RECOMMEND APPROVAL, subject
to staff recommendations and conditions which will assure compliance with the standards and
requirements of Chapter 5, Article IX of the Broward County Code of Ordinances. See attached
Staff Report.
Fiscal Ire ct/Cost Summary (Include projected cost,approved budget amount and account number,source of funds,and
ry any future funding requirements.)
No Fiscal Impact
Exhibits Attached perwefwom ) (Pleae number exhibits mnsecutively.)
Exhibit 1 —Staff Report
Authorized Signature ScheduNng
Oftnetursoonflinne that regulind somyeft Ilrornot1wanandles have been recelived—aw2.Pumbeellne.BodaK IWh NUK Afternst C=ftA&WnfiA@l9
signature: Date: Type:Nern%Tide,Agency,and Phone
Cynthia S. Chambers, Director,
Environmental Protection and
Growth Management Department
954-357-6613
Source of oddlHonal Information:Type Name,Agency,and Phone
Henryniezek, Director, Planningand Environmental Regulation Division - 954-357-6670
ry 9
Form 107-1-A Revised 06/15/2009
}
Continued. Page 2 of 2
Document Control Commission Action
Executed original(s)for permanent record ❑ APPROVED ❑ DENIED
(NuffW
(MMW Executed copies return to: ❑ DEFERRED
Other Instructions(krctuda name,agency,and phone)
From:
To:
1
EXHOIT 1
Page 1 of 15
STAFF REPORT
Harbour Towne Marina
056-MP-82
A request to amend the note on the plat has been filed with the Planning and
Environmental Regulation Division. This plat was approved by the County Commission
on July 20, 1982 for a marina, boat launch ramps, commercial and community center on
23.4 acres. The properly is located north of Dania Beach Boulevard and east of
Gulfstream Road, in the City of Dania Beach. The plat was recorded on January 17,
1984 (Plat Book 118, Page 34)wfth the followiing note:
Parcel A is restricted to a 186 boat slip marina, 5 boat launch ramps and an
8,000 square foot.community center.
Parcel B is restricted to commercial use only (Restaurant). The Restaurant
Building will be constructed entirely within Parcel B.
Ms. Donn, representing the City of Dania Beach, is requesting to amend the note to
reflect the existing uses on the property. The net effect of the current request will
eliminate the commercial use on Parcel B (1.1. acres), increase the number of boat
slips from 186 to 329, and add 1,200 square feet of community center, 33,256 square
feet of industrial use and 17,085 square feet of office use to the note restricting
development. The requested note reads as follows:
This plat is restricted to a marina with 45,359 square feet of boat storage for 232
dry boat slips, 97 wet boat slips, a 9,200 square foot community center, 28,256
square feet of general industrial use (existing) and 17,085 square feet of office
use (existing). Commercial/retail uses are not permitted without the approval of
the Board of County Commissioners who shall review and address these uses
for increased impacts. No more than 3011A ancillary office per bay or single
tenant building within the industrial uses.
This request was evaluated by the Reviewing Agencies. The attached memorandum
from the Broward County Planning Council indicates that the effective land use plan
designates the area covered by this plat for the uses permitted in the "Parks and
Recreation" (Parcel A) and 'Commercial" (Parcel B) land use categories. The existing
and proposed marina and community center uses are in compliance with the permitted
uses of the effective land use plan.
The existing general industrial and office uses on the portion of the plat designated
Parks and Recreation (Parcel A) are not in compliance with the permitted uses of the
effective land use plan. Planning Council, in consultation with the Planning Council
Attorney and the City of Dania Beach, has determined that the existing industrial and
office uses predate the adoption of the 1989 Broward County Land Use Plan and the
City of Dania Beach's land use plan and therefore would not be considered "not in
compliance'with the effective land use plan.
The Aviation Department has indicated that the property is located within 20,000 feet of
the Fort Lauderdale-Hollywood International Airport. Any proposed construction or the
use of construction cranes must be reviewed to determine if Federal Aviation Regulation
Part 77, Florida Statutes Chapter 333 and/or the Broward County Airport Zoning
Ordinance apply. Based on the location of the proposed project, the FAA may need to
EXHIBIT 1
Page 2 of 15
review to determine whether the project is a potential hazard to aviation. To initiate the
Federal Aviation Review, access the FAA Web page at:,
https://oeaaa.faa.aov/oeaaa/extern al/portal.isa
The attached comments from the Historical Commission indicate that there is little
potential for the discovery of unrecorded archaeological and/or historical cultural
resources within the proposed project boundary.
The Natural Resources Planning and Management Division has reviewed this request,
and notes that the plat abuts West Lake Park, across a dedicated waterway, on the
eastern, southern and southwesterly sides. West Lake Park is included in the Protected
Natural Lands Inventory. The applicant is advised that caution should be taken to
ensure that the development within this plat does not have a negative impact upon the
continued preservation of the Natural Land. The Environmental Review Report,
coordinated by the Planning and Environmental Regulation Division, is attached.
The attached letter from the City of Dania Beach approves this request.
This request represents a decrease of 31 P.M. peak hour trips. This plat with the
amended note satisfies the regional transportation network concurrency requirement of
Section 5-182(a)(5) and the solid waste disposal concurrency requirement of Section 5-
182(h)of the Broward County Land Development Code.
The road impact fees, previously assessed, were paid in their entirety prior to plat
recordation. Since the proposed note is less intensive than the original note, no
additional road impact fees or transportation concurrency fees will due.
This request was deferred at the applicant's request on November 27, 2012. Prior to
recordation of the note amendment, the applicant must pay the deferral fee of$166.00
(or the fee in effect at the time of payment) in accordance with County Commission
Resolution No. 95-773, as amended.
Staff recommends APPROVAL of this request provided the applicant accomplishes the
following:
1) Pays the deferral fee of $166.00 (or the fee in effect at the time of
payment) in accordance with County Commission Resolution No. 95-773,
as amended prior to recordation of the agreement amending the plat note;
2) Records a document acceptable to the County Attorney's Office to amend
the note on the face of the plat prior to December 11, 2013.
The note amendment must include language stating that any structure
within this plat must comply with Section IV D.1.f., Development Review
requirements, of the Broward County Land Use Plan, regarding hazards to
air navigation.
In addition, staff recommends that the Board authorize the Mayor to sign an order
approving this agenda item subject to staff findings, comments, and recommendations.
HSAAS
1
EXHIBIT 1
Page 3 of 15
BROWA D COUNTY PLANNING COUNCIL
lid 5OMRANDRZMAVINUE,AWM 307,FORT FAUDE DALE.l'WPJDA 3M(R
TO: Henry A.Sniezek, Director
Planning and Environmental Regulation.Division
Broward County Environmental Protection and Growth Management Department
FROM: Barbara Blake Boy, Executive Director
RE: Delegation Request for Harbour Towne Marina
(056-MP-82) City of Dania Beach
DATE: November 13, 2012
Planning Council staff has reviewed the proposed revision to the restrictive note on the above
referenced plat. The proposal is to change the restrictive note on the plat:
FROM: Parcel "A" is restricted to a 186 boat-slip marina, 5 boat-launch ramps and 8,000
square feet of community center. Parcel "B" is restricted to commercial use only
(restaurant).
TO: This plat is restricted to a marina with 45,359 square feet of boat storage for 232
dry boat slips, 97 wet boat slips, a 9,200 square foot community center, 28,256
square feet of general industrial use (existing), and 17,085 square feet of office
use(existing). No more than 30%ancillary office per bay or single tenant building
within the industrial uses.
The Future Land Use Element of the City of Dania Beach Comprehensive Plan is the effective
land use plan for the City of Dania Beach. That plan designates the area covered by this plat for
the uses permitted in the "Parks and Recreation" (Parcel "A") and "Commercial" (Parcel "B")
land use categories. This plat is generally located on the east side of Gulfstream Road
(Northeast 7 Avenue), between the Dania Beach Cut-off Canal and Northeast 2 Street.
The existing and proposed marina and community center uses are in compliance with the
permitted uses of the effective land use plan.
Plannina Council staff notes that the existing general industrial uses and office uses on that
portion of the plat designated "Parks and Recreation" (Parcel "A") are not in compliance with
the permitted uses of the effective land use plan. However, based on information provided by
the City regarding the development and construction timeline and in consultation with the
Planning Council attorney. it is found that the existing general industrial uses and office uses
predate the adoption of the 1989 Broward County Land Use Plan and the City of Dania Beach's
land use plan and therefore would not be considered "not in compliance" with the effective
land use plan.
...�^, TEWHOM ON M"955 Faa1)397-66015
' DCHIBIT 1
Page 4 of 15
Delegation Request for Harbour Towne Marina (056-MP-82)
October 17,2012
Page Two
The contents of this memorandum are not a judgment as to whether this development
proposal complies with the Broward County Trafficways Plan, local zoning, other land
development regulations or the development review requirements of the Broward County Land
Use Plan including its concurrency requirements.
BBB:MEG
cc: Robert Baldwin, City Manager
City of Dania Beach
Marc La Ferrier,AICP, Director, Community Development Department
City of Dania Beach
Andrew Maurodis, Esq.,Counsel
Broward County Planning Council
EXHIBIT 1
Page 5 of 15
BNO.".WARD
COUNTY Our 3es-t.
• Nothing Less.
LIBRARIES DIVISION-HISTORICAL COMMISSION
301 Hannon(S.W.131h)Avenue-Fort Lauderdaie,Florida 33312.954-357-5553-FAX 954-357-M22
October 17,2012
Annette Stravino
Broward County Planning and Environmental Regulation Division
One North University Drive,Building A
Plantation,Florida 33324
Re: Broward County Historical Commission Review
Harbour Towne Marine,Plat No 0S6-MP-82
Dear Ms.Stravino:
I have had an opportunity to review materials relative to the Harbour Towne Marine,Plat No 056-MP-
82.
A review of archive materials, including but not limited to contemporary and historic aerial
photography, topographical maps, Broward County Land Use maps and the Florida Master Site File
(2012) indicates that no historical or archaeological cultural resources are recorded within the limits of
the Plat boundaries. Based on available information it is unlikely that the proposed project will impact
significant historical or archaeological cultural resources. The Broward County Historical Commission
has no objection to the proposed plat amendment
If, in the event, that archaeological features or artifacts are discovered during the course of
development, the Broward County Planning and Environmental Regulation Division shall be notified
within twenty four(24)hours of the discovery and sufficient time provided to allow proper recordation,
recovery,or preservation of the find(Broward Co.Florida Ord.92-38).
If, in the event, any unmarked human burial remains are discovered, then work in the vicinity of the
burial find is to halt immediately until a determination can be made, in accordance with Florida State
Statutes, Chapter 872, by either the state archaeologist or the county medical examiner as to
jurisdiction, custody, and disposition of the remains. Should this occur, this office is to be contacted
immediately to facilitate the coordination of the find.
Sincerely,
Matthew DeFelice,County Archaeologist
Cc: Robert Cannon,Director,Libraries Division
Peggy Davis,Manager,Libraries Division,Historical Commission
David Baber, Historic Preservation Coordinator,Libraries Division
Broward Canty Board of County Conunessioners
Sue Gunzbutger-Dare V.C.Holmes-Kristin D.JawW-Chip LaMaca-lbne Lieberman•S1acy Ritter-John E Rodsuom,Jr.•Babaa Sbaief•Lois Winder
EXHIBIT 1
Page 6 of 15
ENVIRONMENTAL REVIEW AND COMMENTS REPORT
TO THE PLANNING AND ENVIRONMENTAL REGULATION DIRECTOR
Application: Delegation Request (To amend the note to add 143 boat slips, 1,200
square feet of community center use, 28,256 square feet of industrial
use, and 17,085 square feet of office use; and to delete Parcel B's
restrictive note of restaurant use).
File Number: 056-MP-82
Project Name: Harbour Towne Marina
Comments Due: November 13, 2012
Development Type: Boat Slips (232 Dry and 97 Wet), Community Facility (9,200 Square
Feet), Industrial (28,256 Square Feet), and Office (17,085 Square Feet)
The Planning and Environmental Regulation Division of the Broward County Environmental
Protection and Growth Management Department (EPGMD) has coordinated with other
Divisions in this Department to provide the following comments on the above referenced plat:
Surface Water Manaaement
This plat is located in the City of Dania Beach and is under the jurisdiction of the Environmental
Engineering and Licensing Section of the.Planning and Environmental Regulation Division.
Surface water management plans must meet the criteria contained in Chapter 27- Article V of
the Broward County Code of Ordinances. Either a new surface water management license or
a modification to the existing license from the Environmental Engineering and Licensing
Section may be required prior to construction.
Wastewater Review
Wastewater Treatment Plant: Hollywood
Flow Data: As of 8112
EPGMD Licensed Capacity 50.0000 MGD
12 Month Average Flow: 40.1600 MGD
Existing Flow Reserved by Building Permit: 1.4030 MGD
Total Committed Flow: 41.6530 MGD
Estimated Project Flow: 0.0212 MGD
The applicant is advised that a Wastewater Collection/Transmission System License will be
required prior to constructing, expanding or altering either a gravity sanitary sewer, a sanitary
force main or a pump station.
Natural Resources Preservation
This plat is not located in a wellfield zone of influence as described in the Broward County
Wellfield Protection Ordinance 84-60, as amended, and as incorporated into the Broward
County Code of Ordinances, Chapter 27,Article Xill.
See the attached Conceptual Dredge and Fill Review Report. An Environmental Resource
License (ERL), No. DF05-1183, was issued on February 7, 2008; subsequently modified on
December 23, 2008 and September 1, 2011; and will expire on February 7, 2013 This license
authorizes reconstruction and reconfiguration of an existing marine facility. ERL License No.
DF05-1183 does not authorize any work in the jurisdictional mangrove wetlands located
on the southwest comer of this plat. Any alteration of the existing mangroves will
require approval from Aquatic and Wetland Resources Section of the Planning and
Environmental Regulation Division.
EXHIBIT 1
Page 7 of 15
Page 2
056-MP-82 Harbour Towne Marina
Applicant has been informed that the proposed development contains or abuts water bodies or
will be creating same. Excavation or filling of any surface waters, or the construction or repair
of in-water structures such as seawalls and docks, are regulated under Article XI of the Natural
Resource Protection Code and may require an Environmental Resource License.
The Aquatic and Wedand Resources Section of the Planning and Environmental Regulation
Division encourages all invasive exotic vegetation including Melaleuca, Brazilian-pepper,
Australian pine and others as listed in the Exotic Pest Plant Council's List of Florida's Most
Invasive Species to be removed during the development process, and a management plan
may be necessary to control re-invasion of same. In addition, landscape material should not
include any plants considered to be invasive of south Florida's native plant communities. The
Exotic Pest Plant Council's List of Florida's Most Invasive Species is available from the Aquatic
and Wetland Resources Section.
Review of aerial photographs indicates that the subject site contains tree canopy. Development
of the site must comply with the Tree Preservation regulations of the City of Dania Beach if
trees are to be removed or relocated. The applicant is encouraged to minimize the number of
trees to be removed by incorporating existing trees in the site plan. If trees cannot be
incorporated into the site plan in their current location, the applicant is encouraged to relocate
trees,especially those of specimen size and quality.
West Lake Park which is included in the Protected Natural Lands Inventory abuts this plat
across a dedicated waterway on the east side, on the south side, and on the southern west
side. The applicant is advised that this plat must not propose any development that may have
a negative impact upon the continued preservation of the Natural Land. The Protected Natural
Lands Inventory is a comprehensive database of public and private native vegetative
communities that have been protected through acquisition or regulatory mechanisms and are
managed for conservation purposes. This Inventory provides information regarding the
ownership and management for each of the Protected Natural Lands and may be accessed at
http://ais.broward.ora/flextProtectedNaturalLands/.
Additional Comments Addnessina Certain Environmental Protection Actions Needina to
be Taken to Implement the Project
1. A Storage Tank License may be required. Contact the Pollution Prevention,
Remediation and Air Quality Division at 954-519-1260 for specific license requirements.
2. Any discharges to ground or surface waters, excluding stonnwater, will require review
and approval from the Environmental Engineering and Licensing Section of the
Planning and Environmental Regulation Division prior to discharge.
3. Future industrial uses must be approved by the Pollution Prevention, Remediation and
Air Quality Division.
4. An Environmental Resource License may be required for any excavation or filling of
existing wetlands, lakes, or canals or any other activities regulated under Article XI of
the Natural Resource Protection Code which are not currently permitted under ERL
License No. DF05-1183. Contact the Aquatic and Wetland Resources Section of the
Planning and Environmental Regulation Division at 954-519-1483 for specific license
requirements.
5. The subject plat is in the vicinity of known contaminated sites and the following should
be noted: For any site that overlies or contains potential or actual sources of pollution
EXHIBIT 1
Page 8 of 15
Page 3
056-MP-82 Harbour Towne Marina
to ground or groundwater, the Pollution Prevention, Remediation and Air Quality
Division's approval of an application for a building permit or approval to construct or
alter shall not be granted until the this Division is satisfied that the construction or
alteration will not interfere with the cleanup of the contaminants on site [Section 27-
66(h) Broward County Code of Ordinances]. It should also be noted that the Pollution
Prevention, Remediation and Air Quality Division must approve any dewatering
activities at the subject location.
6. Wastewater receiving lift stations and force mains are critical components to the
conveyance system. Accordingly, adequate capacity for this project will need to be
demonstrated of the receiving off-site sanitary sewer conveyance system. Contact the
Environmental Engineering and Licensing Section of the Planning and Environmental
Regulation Division at 954-519-1483.
Be advised that approval of a delegation request does not infer any approval to connect to any
wastewater collection, treatment, or disposal system. Nor does it infer that sufficient capacity
will exist at time of Building Permit approval. Connections to such systems are approved by
the Planning and Environmental Regulation Division as a prerequisite to, and just prior to,
approval of Building Permits by the appropriate Building Department for any structures that are
to be built on the platted site. These comments do not indicate a waiver or approval of any
license or permit that is, or may be, required for any aspect of the project.
EXHIBIT 1
Page 9 of 15
B�0WARD
` COUNTY
Environmental Protection and Growth Management Department
PLANNING AND ENVIRONMENTAL REGULATION DIVISION
1 North Unlvemly Drive,Sufte 102-A•Plantation,Florida 33324.954-357-eM•FAX 954-357-0521•95"19-1412
Conceptual Dredge and Fill Review Report
November 7, 2012
Plat Name: Harbour Towne Marina
Plat No: 056-MP-82
LOCATION
Section: 35 Township: 50 South Range: 42 East
Address: Northeast 3 Street,east of Gulfstream Road, City of Dania Beach
FINDINGS
Wetland Characteristics present: Yes X No
A license has been issued for dredge, fill, and construction activities on this site.
COMMENTS
Conceptual review is not applicable for this plat. This parcel has previously been reviewed, was
found to contain both wetlands and regulated boat slips, and was subsequently licensed as
Harbour Towne Marina (in combination with associated marina facilities on the adjacent
Harbour Towne Marina Plat No.2 to the west of this plat).
The Environmental Resource License Number for the project is DF05-1183, which was issued
on February 7, 2008 and subsequently modified on December 23, 2008 and September 1,
2011. The license shall expire on February 7, 2013. The license authorized the reconstruction
and reconfiguration of an existing marine facility resulting in 848 total boat slips comprised of
151 wet slips, 623 dry slips, and 74 trailer slips.
The prior approvals did not authorize any work in mangrove wetlands which are present in the
southwest comer of the plat. The applicant shall be advised that alteration of the existing
mangroves will require prior department approval.
This report is for informational purposes only and does not constitute waiver or approval of any
license or permit that is, or may be, required for any aspect of the project.
Please be advised that modifications to the project may be required to meet current
environmental regulations.
71
f4V
Li
40
.tea f4
r.
J
Dada Beach -
• 11■ Harbour Towne Marina
A0 27 ar 1.000 Feet Preparad by: Planning and E
A- a
EXHIBIT 1
-'C34 Page 11 of 15
FLC RMA
November 5,2012
Planning and Environmental Regulation Division
Environmental Protection and Growth Management Department
Governmental Center West
Evangeline G. Kalus,Senior Planner
1 North University Drive, Building A, Suite 102
Plantation, FL 33324
RE: Harbour Towne Marina Plat Note Amendment
Dear Ms. Kalus;
The City of Dania Beach has no objection to the applicant's request to change the plat
note as follows:
From the existing language that roads:
parcel W is restricted to a 18e boat4hp marina, 5 boat4aunch ramps.
and an 8,000 sq.ft. community center.
parcel °B' is restricted to commWdal use only (restaurant). The
restaurant building will be constructed entirely with Parcel'B'.
To the proposed language that reads:
THIS PLAT IS RESTRICTED TO A MARINA WITH 45,359 SQ.FT. OF
BOAT STORAGE FOR 232 DRY BOAT SUPS, 97 WET BOAT SUPS, A
9,2oo SQ.FT. COMMUNITY CENTER, 28,256 SQ.FT. OF GENERAL
INDUSTRIAL USE (EXISTING), AND 17,065 SO. FT. OF OFFICE USE
WW(EXISTING).
Commenlalfretail uses are not permitted without the approval of the
Board of County Commissioners who shall review and address these
uses for increased Impacts. No more than 30% anciNary office per bay or
single tenant building within the industrial uses.
If you have any further questions, please feel free to contact me at (954) 9248805,
extension 3704.
Sincerely,
Or f
Corinne Lajois,AICP, LEED Green Associate
Principal Planner
CC: Jerry Proctor
Flo
'Browaad's First City"
1(k)%West Dania Bcoch Bouk-nrd, Dania Beach.Ftvrida 33004 Phony:r)"925-2200 wwaadanabcachfl.gcn
3"x patent area tmnnonmersai KeSukttloe a .m
Enwonnrarital Probcdon and Gwwlli AAa Oniant --ant EXHIBIT 1
Application to�Am�end or of County�Level Apprave►d Development Page 12 of 15
INfTRLLWN3
a ar reriaans a sr owwnt pwioSeAr appreved. a year appsosaon
a a ataddy aoapad poaalr 6—-acaredwlaa floc a Count'CSawn vn ter swwa aaYyrlaa ahir appeea., to fwi
The ewasrlgant esrMAoason On M reveres aloe of ells fi.e� WAIN M vipnsd srrd nogMrad aft an approprhas m*kW
sasdrad.passe Aesasn ar In MW Ink
PRQiw BImOwrON
Pad Name Herbour Towne Marine
Plat Number 05111MP-A2 Plat Book-Pao 11e-34 (d recorded)
OwnarrAp =nt Cky of Danis Basch do Hsibokr Towns AisOdatss,kM Phone 954 g26.0300
Address e01 NE 3 Sbod C ty Oar! Beach Sew Fl. Zip Cods 33M
Owners E-md Address Fax#w
Craven Thompson&Assockites.kw Phone 9b4-704400
canted Pereori Cadfiakis A.Dom
Address 3603 NW 53 ST CKV FL Uudokdals SatsA"_4 Coda 33 9 _
Agonft E awl Address Worm care .corn Fax d 964.7304109
PROPOM CHAMM
U s era epee below b oAft the fosowb�a 4�bms�n and cisaky da w M o the Proposed
dwess you are
regkaaasng e.eras b ire wneet awl of dwNoprnant. (Mach addilliond~If naoeaaary)
Cumo rice for enure pat Pans sea aMEW.
Pmpoesd aft for enaes pat Pbm ass atadmd.
PLEASE ANSWER THE atjll3TM
as Don1 Know u r a M i
Poker 13. .10 of the Land UsssPWL A mnpstlb MV debenkrafbri may be ra pdw-
D es thei nob 'seam s major admgge Nalarkd[las� ® YDeasaes ® �Change
E there a a rorafon b whe. o riots represards a change in Tripe,or whether a is=widKed a
mayorrpe i chsn Land "t,pease o come wah f.
Evilmnoa er sea tho to I=dl i nwn6ar of on-ses poddrg spaces to be provided SPACES�
pakwie obworlhlp PMd rasauraM or pubae assembly facility SEATS '�'b
Nundwr of Mudena for a day Are cerAw or school. STUDENTS WA
9YNI project be sawed by on approved pdabb water piew if YES,sate Warns and addrew. O Yes O No
Villa project he served by an apprswd sewage Mass W pant?It YES.Slob name and addhes. Q Yss O No
IffYYES"sas ewm aids o t M ftm tbr�roiquhsdp meatalim Was O No
MreiBci dd otrthis lanai IT a M4noI MWred dwunanaWL 0 Yas O No
Raseens tar this request.(Alade addidoaial shade
eonlimmaerice with wlist le approved par Ora chyle approved ado plan and parmits.
FORAMIRAMM PRO MM D OU MAL —sIIPPLEA1E1rrAL RlpERtH1ENT
P UidwldN paas t Na abut tuffl&M and rise plat eaapaiss or are sopwaled ftm a resI I M a
uw part oabM by r 111194 awy. saaeaisnb, canafs or erns with a wldlh 100 bet or ass rust submit wrtian
dOwmnbft from the muriterp *sasng how do oWl wM address lbw ran 11he .Indoor
UNKs)and t o reddendel and use pa (n coftM. oom wee kwuds
and oubide ebn g e,wardwusa,datdbuft.owamllon ant arxiBa.ReNdaiitlal and use pan angoras krchrde sr
maldantapy named abgwW jobs AgdmdkmO.Rural Ranches, Ruud ENOW TOC. TOD. RAC and LAC. Please
corrsidt with DER salf if you have any questions.
Pb ass ass rslreass aids for Rapinad Oooamentatlon and OwnsdABoint CwWlcodon
DCHIBIT 1
REQUOM DOCUMMTATIO"I Copies Of phbt aft Pkfmh Page 13 of 15
sins appresins"r X 1F aurwya or daewiaOs anus!a 1�oldad�o a
Sew%aWR MdAIMraiad0 �16 bw�Opnralbai
• T (a)19dsd oopiw of On pill.
• �LneaMsrdwappnovMlendliew
M aooN f Ms .dsNd wi�Ain abc(�)mo d� pion��(DRI�Ilr IdIK
abo h�dlwb M M ooirl••1n�or0o�s as MQ�MwM�P�p�dMwlopnsrk Oder
• pafabls NA howM a mummy M an4 IM�io�aet�dis�lloa�b M ~ if p1-MM our Pomli wmw
sadbr septic taab tMf one uw i
A dw* • b tM Srowsnd of Ciounlr Cam nkstooas for to spftason bss. Pbew�wnNltA Mpnsd sad saabd eNelclr and Ibr auy new pwW a tract cnolsd by n»appfiratlon.
For dspeane fa T4w no dra- N Ti ft a no nwicr ckanp ih Land Wr tba rbrowiV Nsme oW bs a dw*gd
sk(Lev6)wed copies of Mh pphsl, ANY cn"�+■baa�7d1 Of �pen Fin CCwnly�am� sraw w"FM4w
for thi q*lcmdon bes. Plow
Sdad CoaMMW suenMINIOt npA onb
• � (�0.1 d�fft�lnwws� �Mat a
REED DOCI IffA110N P01t woof a SUAOIIM
UwM sswurs10 o on tla�a � ws,sme"(pr a'._ s i�oMdis n
aroPhs sad drve tMr nsndon+iiroenUn mnsinw?�ouNW"0 at s
In
LAID USE ft.or *mom . scans s7wicripan
w�
TM lak"V ere aasn PI of dsraawen101h Biel may ba uM b oontYra tine adelence dbutid*an mom aMlbrpooel
• An'as b r suwsy pnepsrad w"dx(d)monura d rib
• Ad phrr tlrelalsMf � p�buiwbnpeMarp w ev r�w11a nNrNdpsMly
If M sruet>rq sbuaprns era resldestlal,awdarna wil be ra tuhW of tin bedroom mix end unit"M A Nd er Mm
tin dly and a copies of pm*arxads may be aoaptabb roans of widrarca.
• Onar avMMM maybe socepled 911 dowdy doouaanb Mrs MOW Woes square foo-6 of na ariliop bmldings.
T
ti4M FLOWOA►
County d
Tbb b to ra that I snn tlr aesaelsoenu of tM ��
we Am soomtp 0aawd M bsst dry ��
tMN paraonnet for tin purpow d cation of
by
f netunsdowneft
Swam and ssbsWbW to baron me nrb M day of NownrIM ewrnn 012
by CMM@dm A.Own thee, -own b ma a
O Has ffs S.
BIpinMae d Nobry t� roo9me+
Type or Prid Nsrtne Palrloh D.
tba err a OfflaRMOMAL RIGULATM OMM Mir
T - icatfoa oar cab
Carrerrpds on S 2 C.C.w.oat 12- 6% 12-- Zs -
O PIa1s GBuwy a SMs Pbn . O crq(.Mier 0 Aropnerds
onrer AMedwrerde(pesalbe
Tined „,, i r�--
oislribule It 13
13FUN Rwbw Planrtnp Cou d O Sdwd hoard 13 Land Uw A f �• "a.'4
�*�s Itsouw'I(opmernt�(wiYr°°ep°r�atsd�ere' Owsr� (�u00�°f Bled area any) �
AdbwntJ
R�..an+ler_
EXHIBIT 1
Page 14 of 15
EXISTING PLAT NOTE:
PARCEL'A'IS RESTRICTED TO A 186 BOAT-SUP MARINA,S BOAT-LAUNCH RAMPS,AND AN 8,000 SOFT.
COMMUNITY CENTER.
PARCELS'IS RESTRICTED TO COMMERCIAL USE ONLY(RESTAURANT).THE RESTAURANT BLDG.WILL BE
CONSTRUCTED ENTIRELY WITHIN PARCEL'B'.
PROPOSED PLAT NOTE:
THIS PLAT 1S RESTRICTED TO A MARINA WrM 45,3S9 SOFT.OF BOAT STORAGE FOR 232 DRY BOAT
SLIPS,97 WET BOAT SLIPS,A 9,200 SQ.FT.COMMUNITY CENTER,28,2S6 SO,FT.OF GENERAL INDUSTRIAL
USE(EXISTING),AND 17,085 SQ,FT.OF OFFICE USE(EXISTING).
COMMERCIAOIETAIL USES ARE NOT PERMITTED WITHOUT THE APPROVAL OF THE BOARD OF COUNTY
COMMISSIONERS WHO SHALL REVIEW AND ADDRESS THESE USES FOR INCREASED IMPACTS. NO MORE
THAN 30%ANGLLARY OFFICE PER BAY OR SINGLE TENANT BUILDING WITHIN THE INDUSTRIAL USES.
EXHIBIT 1
K 1'A 15of15
B ARD
` NTY
&*MMN"dial"ad any o.pnllww+
PLANNtNO AND lNN110NM�1T�L ilNOIA.ATION DNIaION
i katll tk r WM.> 1m.11•PinE�oq,RWW 3M•l64 W40M•FAX si64-W4 M •04MO 412
0ctabsr4,2012
City Planner
cl
2�AO0 -Rod$,-m d
HoOywooe�R.33022
RE: Munidpal now of a delepOon request to amend Me anoW
(approved leael of dsvelopment)on a plat ac#ewnt to the dty lbrift
Hwbotr TOw*IMwklG Plait No. 056-MP-M
V*Mn MMMMM moat be ncaiwd an or barons Qoobar 19 M2
Dear Plemer:
As per Omward County Commission Policy etlbcOive Mwch 24, 1998, via am for*ardkV a copy of
an appl ombon for a dehgar m request to all munidpoWn that are mdjwent to the plot.
Enclosed is a copy of the above,reftranosd application.
V your municipaNty dss m to continent on tlils appliootion, the mnmw is must be in wlttlrg and
rweived at the Planning And Erwkonnrental Repuiellm Division on or before the above
referenosd dabs.
Any writ w comments received w9 be ftwsrded to the appikmft a"with the aomrrwts from
other aperuges revlewirg the appllcaOon.
It you have my quesdom pl�oorrtsct Evarg"G.KskA at(954)357-M7.
Skroer+siy,
Henry SnimK Oireotor
PMradrp and Ertvirorrnerl11 Ramon Division
WO
SW 0mnlupN Dob V.G.Ha6rw Qa• MIwr.MJ°M!.RMYo�.ir. �rOMs srld Lola WrMr
PLAT REL
Return recorded oopy to:
Development and Environmental Regulation Division
1 North University Drive,Suits 102
Plantation,Fl-33324
Document prepared by:
Catherine A. Donn
Craven,Thompson&Associates, Ina
3563 NW 53 ST
Fort Lauderdale,FL 33309
954-7394400
NOTICE: PURCHASERS. GRANTEES, HEIRS, SUCCESSORS„_
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.
AGREEMENT FOR AMENDMENT
OF NOTATION ON PLAT
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 its successors
and assigns, hereinafter referred to as "DEVELOPER."
WHEREAS, DEVELOPER is the owner of property shown on the
HARBOUR TOWNE MARINA Plat,
Plat No. 056-MP-82 . hereinafter referred to as"PLAT,"which PLAT was
approved by the Board of County Commissioners of Broward County on
JULY 20 11982 ; and
WHEREAS,a description of the platted area is attached hereto as Exhibit"A"and
made a part hereof, and
WHEREAS, DEVELOPER has determined there exists a need for an amendmentto
the Notation on the face of said PLAT; and
BR��AD
CAF#358 1 COUNTY
Rev. I=8/09 MUM
WHEREAS,the COUNTY has no objection to amending the notation and the Board
of County Commissioners approved such an amendment at its meeting of
December 11 , 2012 ;
NOW,THEREFORE, in consideration of the mutual terms,conditions and promises
hereinafter set forth, the COUNTY and DEVELOPER agree as follows:
1. The above recitals and representations are true and correct and are incorporated
herein.
2. COUNTY and DEVELOPER hereby agree that the notation shown on the face of
the PLAT is hereby amended as set forth within Exhibit"B."
3. In the event that all the owners and/or mortgagees of property within the PLAT
being amended are not parties to this Agreement, DEVELOPER hereby agrees to
indemnify, defend, and hold BROWARD COUNTY harmless from any claims or
causes of action brought by owners and/or mortgagees of property within the PLAT
as a result of this Agreement for Amendment of Notation on the Plat. This
indemnification obligation shall run with the land and bind DEVELOPER's
suoc:essors and assigns.
4. NOTICE. Whenever any of the parties desire to give notice to the other, such
notice must be in writing,sent by U.S.Mail,postage prepaid,addressed to the party
for whom it is intended at the place last specified;the place for giving of notice shall
remain such until it is changed by written notice in compliance with the provisions of
this paragraph. For the present, the parties designate the following as the
respective places for giving notice:
For the COUNTY:
Director, Broward County Development
and Environmental Regulation Division
1 North University Drive, Suite 102
Plantation, FL 33324
For the DEVELOPER:
CITY OF DANIA BEACH
100 W. Dania Beach Blvd.
Dania Beach, FL 33MK
5. This Agreement shall be recorded in the Public Records
R;ECORD�TION �►9 of
Broward County, Florida, at the DEVELOPER's expense. The benefits and
obligations contained in this Agreement shall inure to grantees,successors, heirs,
and assigns who have an interest in the PLAT. k r
CAF#358 2
COUNTY
Rev. 10128/09T "�
6. VENUE:� CHOICE OF LAW. Any controversies or legal issues arising out of this
Agreement and any action involving the enforcement or interpretation of any rights
hereunder shall be submitted to the jurisdiction of the State Courts of the
Seventeenth Judicial Circuit of Broward County, Florida,the venue sitis, and shall
be governed by the laws of the state of Florida.
7. NOTATIONS. All other notations on the face of the above referenced PLAT not
amended by this Agreement shall remain in full force and effect.
8. CHANGES TO FORM AGREEMENT. DEVELOPER represents and warrants that
there have been no amendments or revisions whatsoever to the form Agreement
without the prior written consent of the County Attorney's Office. Any unapproved
changes shall be deemed a default of this Agreement and of no legal effect.
9 CAPTIONS AND H HEADINGS. Captions and paragraph headings
contained in this Agreement are for convenience and reference only and in no way
define,describe,extend or limit the scope or intent of this Agreement,nor the intent
of any provisions hereof.
10. NO WAIVE& No waiver of any provision of this Agreement shall be effective
unless it is in writing, signed by the party against whom it is asserted, and any 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.
11. EXHIBITS. All Exhibits attached hereto contain additional terms of this Agreement
and are incorporated herein by reference. Typewritten or handwritten provisions
inserted in this Agreement or attached hereto shall control all printed provisions in
conflict therewith.
12. FURTHER ASSURANCES. The parties hereby agree to execute,acknowledge and
deliver and cause to be done, executed, acknowledged and delivered all further
assurances and to perform such acts as shall reasonably be requested of them in
order to carry out this Agreement.
13. ASSIGNMENT AND ASSUMPTION. DEVELOPER may assign all or any portion of
its obligations pursuant to this Agreement to a grantee of the fee title to all or any
portion of the property described in Exhibit "A." DEVELOPER agrees that any
assignment shall contain a provision which clearly states that such assignment is
subject to the obligations of this Agreement and recorded in the public records of
Broward County, Florida.
B , AD
CAF#358 3 COUNTY
Rev. 10/28/09 �"
14. AMENDMENTS. No modification, amendment, or alteration in the terms or
conditions contained herein shall be eftfective unless contained in a written
document'prepared with the same or similar formality as this Agreement and
executed by the COUNTY and DEVELOPER.
[THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK]
BK s I ARD
CAF#358 4 COUNTY
Rev. 10/28/09 - °' j
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 by Board action on the day of , 20_, and
DEVELOPER,signing by and through its ,duly authorized to execute same.
COUNTY
ATTEST: BROWARD COUNTY, through its
BOARD OF COUNTY COMMISSIONERS
County Administrator, as Ex
Officio Clerk of the Board of By
County Commissioners of Mayor
Broward County, Florida
day of , 20_
Approved as to form by
Office of County Attorney
Broward County, Florida
Government Center, Suite 423
115 South Andrews Avenue
Fort Lauderdale, Florida 33301
Telephone: (954) 357-7800
Telecopier. (954)357-6968
By
Assistant County Attorney
day of , 20_
K,.'ARD
CAF#358 5 COUNTY
Rev. 10128109 -
CITY OF DANIA BEACH
ATTEST: CITY OF DANIA BEACH, through its
CITY COMMISSION
Louise Stilson, CIVIC
City Clerk By:
Walter B. Duke, 111, Mayor
day of , 20_
Approved as to form and ccmectness:
By:
By: City Manager
Thomas J.Ansbro
City Attorney Name:
day of , 20_
CAF*358 6
Rev. 1=8109
MORTGAGEE-CORPORA TIOIWPARTN IP
Mortgagee,being the holder of a mortgage relating to the parcels)described in Exhibit"A"
hereby consents and joins in for the purpose of agreeing that its mortgage shall be
subordinated to the foregoing Agreement.
Cantor Commercial Real Estate Lending, L.P.,
Witnesses (if partnership): a Delaware Limited Partnership
Name of Mortgagee(corporationtpartnership)
By
(Signature) (Signature)
Print name: Print name:
Title:
Address:110 Eed SM street,0t6 Floor
(Signature) M w York,W 10022
Print name:
day of . 20_
ATTEST(if corporation):
(CORPORATE SEAL)
(Secretary Signature)
ACKNO1 SEDGMENT•CQBPORATION/PARTNERSHIP
STATE OF )
) SS.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
20_, by , as I of
a corporation/partnership,on behalf of
the corporation/partnership. He or she is:
❑personally known to me, or
❑produced identification. Type of identification produced
NOTARY PUBLIC:
(Seal)
My commission expires: Print name:
CAF#358 7
EXHIBIT "All
LEGAL DESCRIPTION
PARCEL A AND PARCEL B,HARBOUR TOWNE MARINA, PS 118-34, BROWARD COUNTY
RECORDS.
CAF#358 a,e- a � A'voY
COUNTY
Rev. 10/28/09 = °' •
EXHIBIT "B"
AMENDMENT TO NOTATION ON PLAT
The existing notation shown on the face of the PLAT clarifying and limiting the use
of the platted property is amended from:
PARCEL'A'IS RESTRICTED TO A 186 BOAT-SLIP MARINA,5 BOAT-LAUNCH RAMPS,AND AN 8,000 SOYT.
COMMUNITY CENTER.
PARCEL'B'IS RESTRICTED TO COMMERCIAL USE ONLY(RESTAURANT).THE RESTAURANT BLDG.WILL BE
CONSTRUCTED ENTIRELY WITHIN PARCEL T.
The notation shown on the face of the PLAT clarifying and limiting the use of the
platted property is amended to:
THIS PLAT IS RESTRICTED TO A MARINA WITH 45,359 SQ.FT.OF BOAT STORAGE FOR 232 DRY BOAT SUPS,97
WET BOAT SLIPS,A 9,200 SQ.FT.COMMUNITY CENTER,28,256 SQ.FT.OF GENERAL INDUSTRIAL USE(EXISTING),
AND 17,085 SQ.FT.OF OFFICE USE(EXISTING).
COMMERCIAL/RETAIL USES ARE NOT PERMITTED WITHOUT THE APPROVAL OF THE BOARD OF COUNTY
COMMISSIONERS WHO SHALL REVIEW AND ADDRESS THESE USES FOR INCREASED IMPACTS. NO MORE THAN
30%ANCILLARY OFFICE PER BAY OR SINGLE TENANT BUILDING WffHIN THE INDUSTRIAL USES.
b �
CAF#358 yl' 1 ,� Y
CaUNTY
Rev. 10/28/09
EXHIBIT "B" -CONTINUED
PLEASE CHECK THE APPROPRIATE BOX OR BOXES.
® Exniratlon of Finding of Adeguacv for Plat or Parcel witNbut an Ewom of a
Finding of Adeguacv notation or the Finding of Admuacv has exoired,r
If a building penrit for a principal building (excluding dry models, sales, and
construction offices) and first inspection approval are not issued by
. 20 , then the County's finding of adequacy shall expire
and no additional building permits shall be issued for the amended uses until such
time as Broward County makes a subsequent finding that the applicant satisfies the
adequacy requirements set forth within the Broward County Land Development
Code. The owner of the property shall be responsible for providing evidence to
Broward County from the appropriate governmental entity,documenting compliance
with this requirement within the above referenced time frame; and/or
If construction of project water lines, sewer lines, drainage, and the rock base for
internal roads have not been substantially completed by ,
20 ,then the County's finding of adequacy shall expire and no additional building
permits shall be issued until such time as Broward County shall mice a subsequent
finding that the applicant satisfies the adequacy requirements set forth within the
Broward County Land Development Code. This requirement may be satisfied for a
phase of the project, provided a phasing plan has been approved by Broward
County. The owner of the property or the agent of the owner shall be responsible
for providing evidence to Broward County from the appropriate govemmental entity,
documenting compliance with this requirement within the above referenced time
frame.
® Air Navlgatlon Hazards.
Any structure within this Plat shall comply with Section N D 1. f., Development
Review Requirements of the Broward County Comprehensive Plan regarding
hazards to air navigation.
CAF#358 l a B9�tj �D'Y
COUNTY
Rev. 10/28/0g
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