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HomeMy WebLinkAboutR-2024-058 801 E. Dania Beach Blvd LLC - Developer Agreement (Stormwater)RESOLUTION NO.2024-_M A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING EXECUTION OF A DEVELOPMENT AGREEMENT WITH 801 EAST DANIA BEACH BLVD LLC, A FLORIDA LIMITED LIABILITY COMPANY ("DEVELOPER"), TO MAKE CERTAIN DRAINAGE IMPROVEMENTS, PARTICULARLY THE RECONSTRUCTION OF A PORTION OF GULFSTREAM ROAD (NORTHEAST 7TH AVENUE) , THE COST OF WHICH SHALL BE BORNE SOLELY BY DEVELOPER; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, 801 East Dania Beach Blvd, LLC, ("Developer"), owns real property located at 801 E. Dania Beach Blvd. in the City of Dania Beach (the "Property"); and WHEREAS, on March 22, 2022, the City passed and adopted Resolution No. 2022-055 approving the Developer's site plan, with condition to construct a multifamily residential building (the "Development") on the Property; and WHEREAS, as a condition to approval of the Resolution, Developer agreed to make certain drainage improvements, particularly the reconstruction of a portion of Gulfstream Road (Northeast 7s' Avenue) along the western boundary of the Property, the cost of which shall be home solely by the Developer (the "Development Roadway Improvements"); and WHEREAS, the Development Roadway Improvements will cover approximately 566 feet of Gulfstream Road (Northeast 7s' Avenue) east of the centerline from Dania Beach Boulevard to the northwest corner of the Property; and WHEREAS, the Developer has agreed to complete the design of the stormwater drainage improvements for the entire length of Gulf Stream Road, the cost of which shall be borne solely by the Developer (the "Stormwater Drainage Design"); and WHEREAS, the Parties agree that it is in the best interest of the Parties and the public to implement the stormwater infrastructure improvements for the remainder of Gulfstream Road as soon as practical to optimize the stormwater management system's functionality, and control costs associated with future maintenance; and WHEREAS, the City and the Developer desire to approve the Development Agreement, which Agreement is attached as Exhibit "A" and is made part of and incorporated into this Resolution by this reference. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMAIISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the foregoing "WHEREAS" clauses are ratified and confirmed as being true and correct, and they are made a specific part of and incorporated into this Resolution by this reference. Section 2. That the City Commission authorizes a Development Agreement for the Project in connection with the development at 801 East Dania Beach Blvd, LLC ("Developer"), a copy of which is attached as Exhibit "A" and is made part of and incorporated into this Resolution by this reference; provided, however that no agreement will be effective unless and until it has been executed by all parties. Section 3. That the proper City officials are authorized to execute all necessary documents and to take any necessary action to effectuate the intent of this Resolution. Section 4. That the City Manager and City Attorney are authorized to make minor revisions to the application as may be deemed necessary and proper for the best interests of the City. Section 5. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 6. That this Resolution shall be effective 10 days after passage. PASSED AND ADOPTED o�n, Ha 14 n 2024. Motion by Oamm - , W K second by � �(.� F�G�(�Y { U - FINAL VOTE ON ADOPTION: Unanimous V / Yes No Commissioner Joyce L. Davis Commissioner Tamara James Commissioner Marco Salvino Vice Mayor Lori Lewellen Mayor Archibald J. Ryan IV RESOLUTION #2024- � � y APPROVED AS TO FORM AND CORRECTNESS: RESOLUTION#2024- 058" Exhibit "A" RESOLUTION #2024- DEVELOPMENT AGREEMENT THIS DEVELOPMENT AGREEMENT ("Agreement") entered into this _ day of 2024 (the "Effective Date"), by and between 801 East Dania Beach Blvd LLC (the "DEVELOPER") and the City of Dania Beach, a Florida municipal corporation and a political subdivision of the State of Florida (the "CITY"). WITNESSETH: WHEREAS, DEVELOPER owns real property located at 801 E. Dania Beach Blvd. in the CITY, the legal description of which is attached hereto and made a part hereof as Exhibit "A" (the "Property"); and WHEREAS, on March 22, 2022, CITY passed and adopted Resolution No. 2022-055 (the "Resolution"), which is attached hereto and made a part hereof as Exhibit "B," approving DEVELOPER'S site plan, with conditions, to construct a multifamily residential building (the "Development") on the Property; and WHEREAS, as a condition to approval of the Resolution, DEVELOPER agreed to design and construct certain roadway and drainage improvements, particularly the reconstruction of a portion of Gulfstream Road (NE 7a Avenue) along the western boundary of the Property, the cost of which shall be borne solely by DEVELOPER (the "Development Roadway Improvements"); and WHEREAS, the Development Roadway Improvements will cover approximately 566 feet of Gulfstream Road (NE 7' Avenue) east of the centerline from Dania Beach Boulevard to the northwest corner of the Property (the "Development Roadway Site"), which is further described on Exhibit «0,. WHEREAS, DEVELOPER also agreed to design the stormwater drainage improvements for the entire length of Gulf Stream Road (the "Stormwater Drainage Improvements"), the cost of which shall be borne solely by DEVELOPER; and WHEREAS, the Parties agree that it is in the best interest of the Parties and the public to implement the Stormwater Drainage Improvements for Gulfstream Road as soon as practical to optimize the stormwater management system's functionality, and control costs associated with future maintenance. NOW, THEREFORE, for and in consideration of the mutual exchange of the promises and agreements contained herein and other good and valuable consideration, DEVELOPER and CITY hereby agree as follows: 1. Incorporation of Whereas Clauses. The foregoing whereas clauses are hereby incorporated into this Agreement and made a part hereof. 2. Definitions. When used in this Agreement, the terms as defined, shall apply: 12945921-2 "Development Roadway Improvements Plans and Specifications" means the plans and specifications for the design, development and construction of the Development Roadway hnprovements at the final design completion stage approved by the CITY, which shall include fully detailed drawings showing the location, character, dimensions and details of the work to be done, and specifications related to the Development Roadway Improvements, comprising all of the written directions, provisions and requirements for the Development Roadway Improvements, and describing the work required to be performed, including detailed technical requirements as to labor, materials, supplies, equipment and standards to which such work is to be performed. Development Roadway Improvements Plans and Specifications includes the Stormwater Drainage Plans and Specifications for the portion of the Stormwater Drainage Improvements within the Development Roadway Site, "Stormwater Design Plans and Specifications" means the plans and specifications for the design, development and construction of the Stormwater Drainage Improvements at the final design completion stage approved by the CITY, and which shall include fully detailed drawings showing the location, character, dimensions and details of the work to be done, and specifications related to the Stormwater Drainage Improvements, comprising all of the written directions, provisions and requirements for the Stormwater Drainage Improvements, and describing the work required to be performed, including detailed technical requirements as to labor, materials, supplies, equipment and standards to which such work is to be performed. "Final Project Documentation" means project plans, permits, specifications, warranties, and other documentation related to the Development Roadway Improvements. "As -Built Drawings" means updated drawings reflecting any changes made during construction, providing an accurate representation of the completed Development Roadway Improvements. "Warranty Information" means information on warranties provided by manufacturers and suppliers for materials and equipment installed during construction of the Development Roadway Improvements. "Engineer of Record" means the professional engineer or engineering firm contracted or employed by DEVELOPER and registered in the State of Florida who is responsible for the preparation of the plans and specifications for the Stormwater Drainage Improvements for Gulf Stream Road. 3. Stormwater Drainage Design. At the DEVELOPER's sole cost and prior to the start of construction of the Development Roadway Improvements, DEVELOPER shall cause its Engineer of Record to prepare and submit the Stormwater Design Plans and Specifications. Once the Stormwater Design Plans and Specifications have been approved by the CITY, the plans will be incorporated as Exhibit "DP' The Engineer of Record as DEVELOPER's representative shall review, comment on, approve and respond to design clarification requests that arise during CITY's construction bid process for the City Roadway Improvements, and revise or prepare new plan sheets to implement any necessary design clarification. Any such revised or prepared plan sheets shall be included as part of Exhibit "D". 2 12945921-2 4. Development Roadway Improvements At the DEVELOPER's sole cost, DEVELOPER shall cause the Development Roadway Improvements Plans and Specifications to be prepared by its Engineer of Record, and DEVELOPER shall construct and install the Development Roadway Improvements in accordance with applicable City, County and/or State of Florida Department of Transportation standards and specifications. a. Once the Development Roadway Improvements Plans and Specifications have been approved by the applicable regulatory agencies, including the CITY, the Development Roadway Improvements Plans and Specifications shall be incorporated to this Agreement as Exhibit "E." b. Construction plans for the Development Roadway Improvements must be submitted to the CITY and all other Governmental Authorities with jurisdiction for review and approval, and must be approved by the CITY prior to commencement of construction. c. Schedules and plans for the diversion and modification of traffic along Gulfstream Road must be submitted to and approved by the CITY. d. Construction of the Development Roadway Improvements must be consistent with approved Development Roadway Improvements Plans and Specifications, and all applicable laws, and will be subject to inspection and approval by the CITY; e. DEVELOPER shall be responsible for any damage to the road system until final acceptance. f. The components of the Development Roadway Improvements in public rights of way and public easements shall be dedicated to the CITY. When dedicated to the CITY upon approval and final acceptance by the CITY, system components shall become the property of the CITY and thereafter be maintained by the CITY. g. Within thirty (30) days of final completion of the Development Roadway Improvements, DEVELOPER shall deliver the following to the CITY, as applicable: (a) Final Project Documentation; (b) As -Built Drawings; (c) Warranty Information; (d) a bill of sale for all systems and equipment installed in connection with the Development Roadway Improvements; and (e) copies of any permits or approvals related to the Development Roadway Improvements issued by any government agency other than the CITY. 4. Insurance. Prior to commencing construction of the Development Roadway Improvements, DEVELOPER shall obtain insurance coverage in compliance with the CITY's insurance requirements set forth on Exhibit "F." DEVELOPER shall provide insurance policy endorsements to the CITY naming the CITY as additional insured on a primary and noncontributory basis with respect to Comprehensive General Liability coverage for the Development Roadway Improvements work performed by DEVELOPER. DEVELOPER shall maintain the required insurance coverage until the CITY has determined thatthe Development Roadway Improvements have been completed. 3 12945921-2 5. License. Subject to the terms and conditions of this Agreement, CITY hereby grants to the DEVELOPER, without warranty or representation, a limited, revocable, non-exclusive license ("License"), upon the terms and conditions contained in this Agreement, to use the Development Roadway Site and appurtenant areas to complete the Development Roadway Improvements; provided, however, that DEVELOPER shall at all times comply with this Agreement. CITY and DEVELOPER understand and agree that this License is not, and shall not be deemed to constitute, a lease of the Development Roadway Site. The License granted by this Agreement (i) is a privilege to the non- exclusive use of the Development Roadway Site and appurtenant areas to construct and install the Development Roadway Improvements and for other purposes related to the completion of the Development Roadway Improvements and does not give DEVELOPER the right to use the Development Roadway Site for any other purpose or use whatsoever; and (ii) does not operate to confer on or vest in DEVELOPER any title, interest, or estate. DEVELOPER expressly acknowledges and agrees that this Agreement does not, and shall not be considered, construed or deemed to give DEVELOPER exclusive use of the Development Roadway Site, and that the Development Roadway Site may be used at all times by the CITY and any of its designees. Upon DEVELOPER's completion of the Development Roadway Improvements, which shall include removal of any fencing or screening, removal of all debris, garbage and other materials from the Development Roadway Site and appurtenant areas, and CITY's acceptance of the Development Roadway Improvements, the License shall automatically terminate. 6. Mutual Cooperation. CITY hereby covenants and agrees to cooperate in its proprietary and not regulatory capacity, with DEVELOPER in any and all reasonable respects that may be requested by DEVELOPER regarding: (i) design and construction of the Development Roadway Improvements; (ii) expediting completion of the City Roadway Improvements; and (iii) allowing occupancy and operation of the Development upon satisfaction of Sections 2 and 3 above. The CITY's covenant to use all reasonable efforts to cooperate with DEVELOPER does not constitute a waiver by the CITY of its regulatory capacity and police powers with respect to the Development Roadway Improvements. DEVELOPER hereby covenants and agrees to abide by such further orders or directions as may be reasonably given by the CITY as may be necessary to implement and cant' out the terms and intent of this AGREEMENT, provided such further orders or directions are usually and customarily required of like developments similarly stated. 7. CITY Inspection. As further part of this Agreement, it is hereby understood and agreed that any official inspector of the CITY, or its agents duly authorized, may have the privilege at any time of entering and inspecting the work on Development Roadway Improvements to confirm that the work performed complies with the approved plans and with applicable City, County and/or State of Florida Department of Transportation standards and specifications. 8. Necessity of Complying with Local Regulations Relative to Development Permits. DEVELOPER and the CITY agree that the failure of this Agreement to address a particular permit, condition, term, or restriction as of the Effective Date shall not relieve the DEVELOPER of the necessity of complying with the law governing said permitting requirements, conditions, term, or restriction in effect as of the Effective Date. 9. Amendments. No modification, amendment, or release of the terns or conditions contained herein shall be effective unless contained in a written document executed by CITY and DEVELOPER. 4 12945921-2 10. Notices. Any notice, demand or other communication required or permitted under the terms of this Agreement shall be in writing, made by overnight delivery services or certified mail, return receipt requested, and shall be deemed to be received by the addressee one (1) business day after sending by overnight delivery services, and three (3) business days after mailing, if sent by certified mail. Notices shall be addressed as provided below: As to CITY: Ana M. Garcia, ICMA-CM City Manager City of Dania Beach 100 W. Dania Beach Boulevard Dania Beach, Florida 33004 with a copy to: Eve A. Boutsis City Attorney City of Dania Beach 100 W. Dania Beach Boulevard Dania Beach, Florida 33004 As to DEVELOPER: 801 East Dania Beach Blvd. LLC 3211 Ponce De Leon Blvd Suite 301 Coral Gables, Fl 33134 Attn: Rex Barker with a copy to: Paul S. Figg, Esq. Berger Singerman LLP 201 E. Las Olas Boulevard, Suite 1500 Fort Lauderdale, Florida 33301 11. Entire Agreement. This Agreement constitutes the entire understanding and agreement between the parties and supersedes all prior negotiations and agreements between them with respect to all or any of the matters contained herein. 12. Waiver. The failure of any party to this Agreement to object to or to take affirmative action with respect to any conduct of the other which is in violation of the terms of this Agreement shall not be construed as a waiver of the violation or breach or of any future violation, breach, or wrongful conduct. 12945921-2 13. Governing Law and Venue. This Agreement will be interpreted and enforced in accordance with Florida law. Venue for any litigation arising out of this Agreement will be Broward County, Florida. The parties hereby voluntarily waive any right to a trial by jury in any litigation which may arise out of or in connection with this Agreement or the performance hereof. 14. Attorneys' Fees. In the event of any controversy arising under or related to the interpretation or implementation of this Agreement or any breach thereof, the CITY or DEVELOPER, as the case may be, as the prevailing parry, shall be entitled to payment for all reasonable attorneys' fees, paralegals' fees, experts' fees, mediation fees and cost incurred in connection therewith both at the trial and appellate levels. 15. City's Tort Liability. Any tort liability to which the CITY is exposed under this Agreement will be limited to the extent permitted by applicable law and subject to the provisions and monetary limitations of Section 768.28, Florida Statutes, as may be amended, which statutory limitations will be applied as if the parties had not entered into this Agreement. The CITY expressly does not waive any of its rights and immunities under applicable law. 16. Indemnity. DEVELOPER agrees, to the fullest extent permitted by law, to indemnify and hold the CITY harmless from any damage, liability or cost (including reasonable attorney's fees and costs of defense) to the extent caused by the DEVELOPER's negligent or intentional acts, errors or omissions in the performance of its obligations under this AGREEMENT and those of its contractors/subcontractors or anyone for whom the DEVELOPER is legally liable. Neither party will be responsible to the other for consequential damages including, but not limited to, loss of profit, loss of investment or business interruption. 17. Counterpart. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which shall together constitute one and the same instrument. 18. Construction of Agreement. Both parties to this Agreement have substantially contributed to the drafting and negotiation of this Agreement, and this Agreement shall not, solely as a matter of judicial construction, be construed more severely against one of the parties than the other. The parties acknowledge that they have thoroughly read this Agreement, including all exhibits and attachments, and have sought and received whatever competent legal advice and counsel was necessary for them to form a full and complete understanding of all rights and obligations set forth in this Agreement. 19. No Third Party Rights. Nothing in this Agreement, express or implied, is intended to confer upon any person, other than the parties hereto and their respective successors and assigns, any rights or remedies under or by reason of this Agreement. 20. Severability. This Agreement is intended to be performed in accordance with and only to the extent permitted by applicable law. If any provisions of this Agreement, or the application of any provisions of this Agreement, to any person or circumstance is for any reason and to any extent, invalid or unenforceable, but the extent of the invalidity or unenforceability does not destroy the basis of the bargain between the parties contained herein, the remainder of this Agreement and the application of such provision to other persons or circumstances will not be affected, and will be enforced to the fullest extent permitted by law. 6 12945921-2 21. Successors and Assigns. This Agreement and all obligations of the parties under this Agreement will be binding upon and will inure to the benefit of the CITY and the DEVELOPER, and their permitted legal representatives, successors, and assigns. 22. Time of the Essence. All time limits and obligations in this Agreement are of the essence. SIGNATURES ON THE FOLLOWING PAGES 12945921-2 The parties have signed this Agreement on the Effective Date. DEVELOPER: 801 EAST DANIA BEACH BLVD LLC By: Joseph Milton Date: Attested: By: Print name: Title: ACKNOWLEDGEMENT: STATE OF FLORIDA ) ) SS COUNTY OF ) 2024 The foregoing instrument was acknowledged before me this day of , 2024, by as of 801 EAST DANIA BEACH BLVD LLC who is personally known to me or produced as identification. (SEAL) My Commission expires: 0 12945921-2 NOTARY PUBLIC: Print Name: ELORA RIERA CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: EVE A. BOUTSIS CITY ATTORNEY 12945921-2 CITY: CITY OF DANIA BEACH, FLORIDA, a Florida municipal corporation ARCHIBALD J. RYAN IV MAYOR ANA M. GARCIA, ICMA-CM CITY MANAGER Exhibit A Property — Legal Description LEGAL DESCRIPTION: The West one—half of the Southwest one—fourth of the Northeast one—fourth of the Southwest one—fourth of Section 35, Township 50 South, Range 42 East, LESS the West 25 feet thereof, and LESS State Road AtA, and LESS any existing road rights —of —way, all lying and being in Broward County, Florida. 12945921-2 Exhibit B Resolution No. 2022-055 z 12945921_2 RESOLUTION NO.2022-055 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE SITE PLAN MODIFICATION (SP-035- 13MOD2), SUBMITTED BY J. MILTON AND ASSOCIATES, FOR THE PROPERTY LOCATED AT 801 EAST DANIA BEACH BOULEVARD IN THE CITY OF DANIA BEACH, FLORIDA, AS LEGALLY DESCRIBED IN EXHIBIT "A'; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Chapter 28, the "Land Development Code" (the "LDC"), Part 6, entitled "Development Review Procedures and Requirements," Article 635, entitled "Site Plans" of the City Code of Ordinances (the "City Code") provides that site plan approval is required as a condition to the issuance of a building permit; and WHEREAS, on October 22, 2013, the Dania Beach City Commission passed and adopted Resolution No. 2013-131, approving a Site Plan for the proposed construction of a thirteen (13) story, mixed -use building with approximately 14,000 square feet of commercial, 352 residential units and public parking (SP-35-13) for property located at 801 East Dania Beach Boulevard in the City of Dania Beach, Florida (the "Property"), as legally described in Exhibit "A", a copy of which is made a part of and incorporated into this Resolution by this reference; and WHEREAS, J. Milton and Associates (the "Applicant") is requesting modification of the previously approved site plan (Seaview II/Mile Marker SS), increasing from 352 to 450 dwelling units and from thirteen (13) to fourteen (14) stories, for the property located at 801 East Dania Beach Boulevard. (SP-035-13MOD2) as referenced in Exhibit "B," a copy of which is made a part of and incorporated into this Resolution by this reference; and WHEREAS, the City Commission conducted a duly noticed public hearing in accordance with Article 610 of the LDC; and WHEREAS, the City Commission finds that the approval of the revised Site Plan (SP- 035-13MOD2) is consistent with the City's Land Development Code and Comprehensive Plan; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMSSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the foregoing "VMEREAS" clauses are ratified and confirmed as being true and correct, and they are made a part of and incorporated into this Resolution by this reference. Section 2. That pursuant to Chapter 28 "Land Development Regulations," Part 6 "Development Review Procedures and Requirements," Article 635 "Site Plans," the following Site Plan Modification (SP-035-13MOD2), attached as Exhibit "B," is approved subject to compliance with the following conditions which must be satisfied prior to issuance of a building permit unless a different timeframe is specified within a specific condition (references to Sections are to those in the LDC): 1) The applicant shall enter into a Development Agreement with the City to address drainage improvements needed on the entire length of Gulf Stream Road, addressing the drainage system, stage storage and pipe sizing calculations, method of drainage, control of stormwater and groundwater, existing and recurring high-water elevations, drainage structures, canals, ditches and other pertinent information associated with the system, based on a report form prepared by the Engineer of Record. (Planning & Zoning) 2) Submit a revised plat to be approved by Broward County- (Planning & Zoning) 3) Per the Broward Trafficways plan, a ROW width of I10' is required along Dania Beach Blvd.. (Planning & Zoning) 4) RECREATION AND OPEN SPACE IMPACT FEE: Per Resolution No. 2015-071, $1,364.00 per Multifamily Dwelling must be paid for Recreation and Open Space Impact Fee at time of building permit issuance. Therefore, applicant must pay $ 613,800.00 ($1,364 X 450 units) prior to issuance of a building permit. (Planning & Zoning) 5) CONSTRUCTION SCREENING: Per 0-2017-027 & 0-2018-019. Commercial properties under construction are required to provide security fencing, with screening showing the project rendering, that will cover at least 75% of the length of the fence along an arterial or state right-of-way & 25% coverage for local roads. The screening must include the name and intended use of the project, project rendering, project website address, and owner or agent, the telephone number for the owner or agent, and the name and an emergency contact telephone number of the general contractor. (Planning & Zoning) 6) RAC TRAFFIC IMPACT MITIGATION: CRA mitigation for traffic impact fee is due based on the authority contained in Resolution No. 2014-049, which established a rate of $21.26 per p.m. peak hour trip. Therefore, Applicant must pay $ 2,806.32 (132 AM trips X $21.26) prior to issuance of a building permit. Updated per traffic study provided by A&P Engineering, as revised January 6, 2022. (Planning & Zoning) 7) PUBLIC ART PROGRAM: Per 0-2019-025, the applicant shall pay into the Public Art Fund either: a) Pay In -Lieu Public Art Fee: One-half of one percent (0.5%) of the cost of the proposed development project, as an in -lieu" public art fee, with a minimum payment of $5,000 and a maximum payment of $250,000; or b) Combination of In -Lieu Public Art Fee and Placement of Art on Site: Placement of art on the site of the development project, minimum value of one -quarter of one percent (025%) of construction cost, along with a one -quarter of one percent (0.25%) payment of an "in - lieu" public art fee. (Planning & Zoning) 8) Provide a revised site plan meeting all Landscape Code Requirements or obtain a variance prior to issuance of a building permit. (Planning & Zoning) RESOLUTION #2022-055 9) Provided a tree data table including condition ratings as required by Section 275-80(C)(4) of the City's Land Development Code (LDC). (Landscaping) 10)In addition to specimen seagrape trees 4329 and 4330, tabebuia tree 4377 appears to be specimen sized and all three (3) will require an appraisal in accordance with Sec. 825-140(C) of the LDC. In addition, an arborist evaluation/report and relocation plan will be required to clarify if the relocation trees will be staged, or if the receiving site will be prepared in advance. (Landscaping) II)Show the proposed width of the perimeter and VUA buffers both on the Landscape Requirements table and the plan view sheet either delineating the interior boundary or providing dimension bars [See. 275-80(N)ofthe LDC]. Please include a scale bar in addition to the 20 scale provided. Ensure the northern VUA buffer meets minimum width requirements. (Landscaping) 12) In the Landscape Requirements Table the Perimeter Buffer section should reference Section 275-130 of the LDC. (Landscaping) 13) In the landscape requirements table, Section 307-20 of the LDC, should be included and it should identify the proposed street trees requirements for the total frontage along Dania Beach Boulevard and Gulfstream Road (sabal palms every 15'). If the design cannot satisfy the street tree requirements, a variance will be required. (Tier 1). (NOTE: Even though Dania Beach Boulevard is a designated Broward County Trafficway, it is a State Road and Royal Palms are not allowed on State Roads for safety and visibility purposes, so the default installation shall be sabal palms along both streets). (Landscaping) 14) In the landscape requirements table for Section 275-140 of the LDC, indicate the total square footage of NVUA. (Landscaping) IS) Correct plans to show correct number of CE buffer trees on the East, and CE NVUA trees on the north (using a different tree symbol). Correct the CE tree on the north labeled 'W'; it is too far from the property line to be a buffer tree and should be labeled'W'. (Landscaping) 16) If the relocated Seagrapes are to be considered buffer trees, they must be rooted within the 10' buffer zone. However, both seem to be located slightly outside the north and south buffer zones. If true, adjust location or re -label surrounding trees as necessary to satisfy buffer tree requirements in another way, and attribute the relocated specimens as NVUA plantings. (Landscaping) 17) Correct the discrepancy on the north perimeter buffer (13 proposed SG, tree tag only counts 11), and the subtotal of trees proposed at the bottom of the plant list so it equals the sum of the trees in the list. Advise how these numbers are calculated. (Landscaping) 18) Verify NVUA mitigation trees have adequate space from the structure to meet spacing requirements in Section 275-190(H), of the LDC. (Landscaping) 19)The FDOT Pre -Application letter, stating that the driveway connection to SR AIA/East Dania Beach Boulevard is permitted, shall be provided. (Traffic Engineering) 20) The mitigation strategy with regard to SR Al A/East Dania Beach Boulevard/US 1, as stated in the conclusion of the traffic study, should be implemented. (Traffic Engineering) 21) The comment response to the question of gates at the access connections is that they may be considered in the future. If gates are considered in the future, there shall be sufficient lanes for residents, guests and turnaround for when access is not permitted or available. The available queue storage (driveway length) shall be a minimum of 75 feet from Gulfstream Road per the Institute of Transportation Engineers (ITE) standard. FDOT will have their RESOLUTION #2022-055 own driveway length requirements for SR AlA/East Dania Beach Boulevard (Traffic Engineering) 22) Address the signing and marking. (Traffic Engineering) 23)Signal retiming at the intersection of SR-AIA/B Dania Beach Boulevard and SR-5/US-1 with regards to the north, south and west approaches. (Traffic Engineering) A signal warrant analysis at SR AtA/East Dania Beach Boulevard shall be prepared six (6) months after the Certificate of Occupancy is issued and before 12 months after the Certificate of Occupancy is issued. (Traffic Engineering)lf signal is not wan -anted by FDOT, reconfigure the median channelization and the lane configurations of the southbound approach of the intersection of SR-AlA/E Dania Beach Boulevard and Gulfstream Road to prevent the southbound left turns. (Traffic Engineering) 24) Show tapping details for the 12" watermain. (Engineering) 25) Must connect to City's pressurized sewage system (force main) which may require building a private lift station. (Engineering) 26) Provide drainage calculations for the site (10 years, 25 years, 100 years). Provide a narrative for proposed drainage plans. Describe water quality, water quantity and drainage design criteria for the project. Discuss outfall and discharge if applicable. Please provide narrative for both onsite and offsite drainage facilities as applicable. Respond to the following: a) Please demonstrate retention of 25 year 3 day design storm. b) Please provide 10 year 1 day protection for parking lot grade. c) Demonstrate 100 year zero discharge stage and FFE elevation criteria. d) Proposed yard drains, trench drains draining to R/W shall not be allowed. e) Demonstrate all roof drainage is connected to drainage wells or exfiltration trench. f) The drainage from rear lot, side lot areas need to be contained onsite. (Engineering) 27) Provide preliminary data of the drainage system (stage storage and pipe sizing calculations with the construction plans in a report form prepared by the Engineer of Record indicating the method of control of stormwater and groundwater, including the method of drainage, existing water elevations, recurring high-water elevations, proposed design water elevations, drainage structures, canals, ditches and other pertinent information associated with the system. (Engineering) 28) Provide retention calculations indicate that an additional nine thousand one hundred twenty- five (9,125) cubic feet of additional stormwater retainage per acre of development below the elevation of 10.0 is being provided. (Engineering) Section 3. That pursuant to Section 635-100 "Expiration of Site Plans" of the l.DC, Site Plan (SP-035-13MOD2) approval shall automatically expire and become null and void unless the Applicant files a complete building permit application with construction drawings for the improvements shown on the Site Plan, within eighteen (18) months from the date of this Resolution. Section 4. That such application must be reviewed by the Broward County Aviation Department; the point of contact is William Castillo, Airport Planner, located at 220 SW 45 Street, Suite 101, Dania Beach, Florida 33312 (954) 359-6100. RESOLUTION #2022-055 Section 5. That the issuance of a development permit by a municipality does not in any way create any right on the part of an Applicant to obtain a permit from a state or federal agency, and does not create any liability on the part of the municipality for issuance of the permit if the Applicant fails to obtain requisite approvals or does not fulfill the obligations imposed by a state or federal agency, or undertakes actions that result in a violation of state or federal law. Section 6. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 7. That this Resolution shall be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED on March 22, 2022. WVO lfv Lai Ci r.111flifi, 101511 • ��, CITY CLERK ®,`\ L.-.A' /%/ MAYOR APPROVED AS TO FORM AND E 1301JTSIS CI Y TTORNEY RESOLUTION #2022-055 Exhibit C Development Roadway Site — Legal Description The west Twenty -Five (25) feet of the West one-half of the Southwest one-fourth of the Northeast one-fourth of the Southwestern one-fourth of Section 35, Township 50 South, Range 42 East, all lying and being in Broward County, Florida. 12945921-2 Exhibit D Stormwater Drainage Plans and Specifications 12945921-2 Exhibit E Development Roadway Improvements Plans and Specifications [On file with the City of Dania Beach Public Works Department] 12945921-2 Exhibit F Insurance Requirements Insurance Requirements. The Contractor shall not commence Work under the Agreement until Contractor has obtained all insurance required under this Article. The Contractor shall not allow any employee of Contractor or any Subcontractor to commence Work until all Coverages required have been obtained and approved by the Risk Manager of the City. In addition, Contractor shall be responsible for any and all policy deductibles and self -insured retentions. All Certificates of Insurance must clearly identify the Agreement to which they pertain, including a brief description of the subject matter of the Agreement. The certificates shall contain a provision that coverage afforded under the policies will not be canceled until at least thirty (30) days' prior written notice has been given to City. If this coverage is not provided, then Contractor is responsible for providing such notice to City. Insurance policies for required coverages shall be issued by companies authorized to do business under the laws of the State of Florida and any such companies' financial ratings must be no less than A-VII in the latest edition of the `BEST'S KEY RATING GUIDE", published by A.M. Best Guide. In the event that the insurance carrier's rating shall drop, the insurance carrier shall immediately notify the City in writing. Coverages shall be in force until all Work required to be performed under the terms of the Agreement is satisfactorily completed as evidenced by the formal written acceptance by the City. In the event insurance certificates provided to City indicate that the insurance shall terminate and lapse during the period of the Agreement, including any applicable warranty period, then in that event, the Contractor shall furnish, at least thirty (30) days prior to the expiration of the date of such insurance, a renewed Certificate of Insurance as proof that equal and like coverages for the balance of the period of the Agreement, including any extension of it, and including any applicable warranty period, is in effect. THE CONTRACTOR SHALL NOT PERFORM OR CONTINUE WORK PURSUANT TO THE CONTRACT, UNLESS ALL COVERAGES REMAIN IN FULL FORCE AND EFFECT. ANY DELAY IN THE WORK CAUSED BY A LAPSE IN COVERAGE SHALL BE NON -EXCUSABLE, SHALL NOT BE GROUNDS FOR A TIME EXTENSION, AND WILL BE SUBJECT TO ANY OTHER APPLICABLE PROVISIONS DESCRIBED IN THE CONTRACT OR ELSEWHERE IN THE PROPOSAL DOCUMENTS CONCERNING CONTRACTOR DELAY. The below coverages are minimum limit requirements. Umbrella or Excess Liability policies are acceptable to provide the total required liability limits, as long as the Risk Manager of the City reviews and approves in writing the insurance limits on each of the policies. The City must approve any changes to these specifications and has the right to review and amend coverage requirements. The Contractor shall be held responsible for any modifications, deviations, or omissions in these insurance requirements. Contractor shall be responsible for any deductible amounts. 6 12945921-2 GENERAL LLABILITY INSURANCE is to include bodily injury, broad form property damage, products/completed operations, blanket contractual liability, and personal/advertising injury with limits of no less than One Million Dollars ($1,000,000.00) per occurrence, and Two Million Dollars ($2,000,000.00) annual aggregate. SPECIAL PROVISIONS AS TO GENERAL LIABILITY INSURANCE: (to be confirmed on or attached to the Official Certificate of Insurance) • The City of Dania Beach, Florida" is to be added as a named "Additional Insured"; • Additional Insured status is included for Products completed operations coverage for a period of no less than five (5) years • Additional insured coverage shall be no more restrictive than Insurance Services Office (ISO) form CG 2037 (-7 04); • Contractor's Insurance shall be primary and non-contributory • Waiver of Subrogation in favor of the City • 30 Days' Notice of Cancellation or modification to City (if not available on the insurance policies, then Contractor has responsibility for notification); • Copy of Additional Insured Endorsement or other endorsements may be attached to the Certificate. WORKERS' COMPENSATION INSURANCE shall be maintained by Contractor and any Subcontractors during the life of the Agreement, including any applicable warranty period(s), and it is to apply to all "statutory employees" of Contractor (as that phrase is defined by Chapter 440, Florida Statutes), in compliance with the "Workers' Compensation Law" of the State of Florida and all applicable federal laws, for the benefit of the Contractor, its employees, and Subcontractors. In the case any work is sublet as otherwise addressed in the Agreement or Bid Documents, the Contractor shall require any Subcontractors similarly to provide Workers' Compensation Insurance for all of the latter's employees, in addition to any coverage afforded by the Contractor, by furnishing statutory limits Part A, and Employers' Liability Part B with limits of $100,000.00 each accident, $100,000.00 each employee and $500,000.00 policy limit for disease. IN NO EVENT SHALL THE CONTRACTOR BE PERMITTED TO UTILIZE IN THE PROSECUTION OF THE WORK, THE FOLLOWING: A) ANY EMPLOYEE, SUBCONTRACTOR OR SUBCONTRACTOR EMPLOYEE WHO IS EXEMPTED OR PURPORTED TO BE EXEMPT FROM WORKERS' COMPENSATION INSURANCE COVERAGE; OR B) ANY EMPLOYEE, SUBCONTRACTOROR SUBCONTRACTOREMPLOYEES WHO WILL BE COVERED BY AN EMPLOYEE LEASING ARRANGEMENT. SPECIAL PROVISIONS AS TO WORKERS' COMPENSATION INSURANCE: (to be confirmed on or attached to the Official Certificate of Insurance) 12945921-2 • 30 Days' Notice of Cancellation or modification to City (if not available on the insurance policies, then Contractor has responsibility for notification); and • Waiver of Subrogation. AUTOMOBILE LIABILITY INSURANCE shall be maintained with combined single limits of no less than One Million Dollars ($1,000,000.00), to include coverage for owned, hired, and non - owned vehicles. SPECIAL PROVISIONS AS TO AUTOMOBILE LIABILITY INSURANCE (to be confirmed on or attached to the Official Certificate of Insurance): A) "The City of Dania Beach" is added as a named "Additional Insured'; B) 30 Days' Notice of Cancellation or modification to City (if not available on the insurance policies, then Contractor has responsibility for notification); and C) Waiver of Subrogation. 12945921-2