HomeMy WebLinkAboutR-2019-017 City Authorizing to Execute a Water Metering and Trafficway Illumination Agreement with Dania Live 1748, LLC Related to the Dania Pointe Development RESOLUTION NO. 2019-017
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO
EXECUTE A WATER METERING AND TRAFFICWAY ILLUMINATION
AGREEMENT WITH DANIA LIVE 1748, LLC RELATED TO THE DANIA
POINTE DEVELOPMENT; PROVIDING FOR CONFLICTS; FURTHER,
PROVIDING FOR AN EFFECTIVE DATE.
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA
BEACH,FLORIDA:
Section 1. That the City Commission approves the execution of a Water Metering
and Trafficway Illumination Agreement (the "Agreement") with Dania Live 1748, LLC related to
the Dania Pointe Development, a copy of which is attached as Exhibit "A", and made a part of
and incorporated into this Resolution by this reference.
Section 2. That the appropriate City officials are authorized to execute the Agreement
and any additional documents pertaining to the Agreement and to take all action necessary to
implement the terms and conditions of the Agreement.
Section 3. That all resolutions or parts of resolutions in conflict with this Resolution
are repealed to the extent of such conflict.
Section 4. That this Resolution shall be in force and take effect immediately upon its
passage and adoption.
PASSED AND ADOPTED on February 12, 2019.
ATTEST:
.............
THOMAS SCHNEIDER, CMC LORI LE ELLEN
CITY CLERK MAYOR
/S WE�
APPROVED AS ORM AND CORRECTNESS:
THOMAS RO
CITY ATTtS
EY
s
PREPARED BY/RECORD AND RETURN TO:
Mark J. Lynn,Esq.
Greenspoon Marder LLP =
200 East Broward Blvd., Suite 1800
Fort Lauderdale,FL 33301
AGREEMENT FOR WATER METERING AND TRAFFICWAY ILLUMMATION
This Agreement for Water Metering and Trafficway Illumination (this "Agreement") is
entered into on this _ day of , 2019 (the "Effective Date"), by and between
Dania Live 1748, LLC, a Delaware limited liability company ("Owner") and the City of Dania
Beach,Florida, a municipal corporation of the State of Florida("CM") as follows:
WHEREAS, Owner owns the real property described on Exhibit A, which is being
developed as a mixed-use project(the"Project"); and
WHEREAS, in connection with the development of the Project, Owner has requested,
and the City has agreed,to allow the Project to be master-metered in accordance with Exhibit B
(for Phase I of the Project)and Exhibit C (for Phase II of the Project) (collectively,the"Master
Meter Requirements"), subject to the terms and conditions herein; and
WHEREAS, In connection with the development of the Project, City and Broward F
County have entered into that certain Agreement Between Broward County and City of Dania g
Beach For Trafficway Illumination for Bryan Road dated as of August 14, 2018 (the "County
Agreement"), a copy of which is attached hereto as Exhibit D; and
WHEREAS,pursuant to the County Agreement, City has agreed to install street lighting
and to undertake other obligations as set forth therein;and
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WHEREAS, as a condition of City entering into the County Agreement, City has
requested, and Owner has agreed,to enter into this Agreement.
NOW THEREFORE be it agreed by and between the hereto as follows:
1. Recitals. The foregoing recitals are true and correct and are incorporated herein
by reference. F
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2. Water Lines. The Project's water usage shall be master-metered in accordance
with City's Master Meter Requirements, subject to the following terms and conditions:
A. Bypass Meters. To measure unauthorized non-fire related use of fire lines,
Owner shall cause to be installed at connection points to City lines, low flow
water bypass meters within private fire main loops in accordance with
Exhibits B and C (the "Bypass Meters"). Owner will be responsible for the
cost of excess water consumption (as measured by the Bypass Meters)
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originating from the dedicated fire lines, and such excess consumption shall
be charged to Owner for payment within twenty (20) days of the billing date.
Owner shall not be responsible for any fees, costs or charges arising from the
use of water in a fire fighting event, hydrant flushing or other water uses
customarily required by the City's Public Services Department, any fire
department, or both. All bypass meters and City meters must remain
accessible and unobstructed at all times to comply with City Code of
Ordinances Sec. 27-10. Meters shall not be placed behind a locked gate or
otherwise be inaccessible to the meter reader.
B. DiscreQancies in Water Bills. Notwithstanding anything in this Agreement to
the contrary, in the event that Owner becomes of aware of a present or prior
discrepancy between any City water bills and actual water usage (as
reasonably determined by Owner), Owner shall have the right to object to the
applicable bill(s) in writing, including a description of the discrepancy in
reasonable detail, and request City's review and credit for any overbilling or
overpayment (or both). Following City's receipt of any such written
objection, City and Owner shall cooperate in good faith and with reasonable
diligence to review the applicable billing and usage history and determine the
amount of such credit (if, following such review, any such credit is deemed
owed).
C. Ownerft of Water Facilities. Owner shall own the water lines, meters and
related facilities throughout the retail portion of the Project (collectively, the
"Water Infrastructure"). Owner hereby grants to City a perpetual limited
license over the Project to repair or replace damage to the Water Infrastructure
from time to time; provided, however, that City has the right, but not the
obligation,to make any repairs or replacements it deems necessary. City shall
make reasonable efforts to minimise disruption and damage to the Project and
the businesses thereon during the course of such repairs and replacements.
Owner shall be responsible for the reasonable cost of repairs to and
replacements of the Water Infrastructure, and shall pay such cost within thirty
(30)days of receipt of an invoice from City therefor.
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3. Lighting System.
A. Defined Terms. Capitalized terms not defined in this Section 3 shall s
have the meaning set forth in the County Agreement.
B. Rgpair/Replacement. For one (1) year after Completion, Owner shall be
responsible for the prompt repair or replacement of any defects in the
Lighting System. In the event that any such defects are discovered by
City, City shall deliver written notice to Owner describing such defects
in reasonable detail, and Owner shall undertake whatever actions are
necessary to repair or replace the defective components, at Owner's sole
cost within thirty (30) days of receipt of such written notice. Except as E
expressly provided in this Section 3, Owner shall not be responsible for
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the operation or ongoing maintenance of the Lighting System, or
payment therefor.
C. Indemnity for Lighting System Obligations. Owner shall indemnify and
hold harmless City, its officers, agents, and employees, from liabilities,
damages, losses, and costs, including, but not limited to reasonable
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attorney's fees, to the extent caused by the negligence, recklessness, or
intentionallywrongful conduct of Owners contractor and other persons
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employed or utilized by Owners contractor in the performance of its
obligations for the Lighting System under this Section 3;provided,however, G
that this indemnification shall not extend to any other provision of this
Agreement, nor shall it extend to any liabilities, damages, losses and costs
arising from the negligence or intentional misconduct of City, its employees,
contractors,representatives or agents. This indemnification shall survive the
term of this Agreement for a period of one (1) year after Completion, after
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which they shall expire and be of no further force or effect. If any action or
proceeding is brought against City by reason of any such claim or demand
during the indemnity period, Owner shall cause its contractor to, upon k
written notice from City or County, resist and defend such action or
proceeding by counsel reasonably satisfactory to City.
D. Insurance. Owner shall cause its contractors working on the Lighting
System to keep and maintain, at the contractor's sole cost and expense,
insurance of the types and minimum amounts as set forth on Exhibit C of the
County Agreement, and specifically protect City and County by naming
"City of Dania Beach" and "Broward County" as an additional insured
under the Commercial General Liability Insurance policy as well as any
Excess Liability policy. Owner's contractor shall furnish to the Contract €
Administrator, certificates of insurance and endorsements evidencing the
insurance coverage specified above prior to beginning the performance of
work under this Agreement. Coverage is not to cease and is to remain in
full force and effect until all performance required of City's contractor is
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completed.
4. Notices. All notices, demands, correspondence and communication in connection
with this Agreement must be in writing and shall be deemed to have been delivered on the date
post-marked by mailing the same by certified mail, or on the date sent by overnight or the
express courier, addressed to the respective parties at the following addresses:
If to City: Colin Donnelly,Assistant City Manager
City of Dania Beach
100 W. Dania Beach Boulevard
Dania Beach,Florida 33004
With a copy: Thomas J.Ansbro,Esq., City Attorney
City of Dania Beach
100 W.Dania Beach Boulevard
Dania Beach,FL 33004
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If to Owner: Dania Live 1748
c/o Kimco Realty Corporation
3333 New Hyde Park Road,#100
New Hyde Park,NY 11042
With a copy: Dennis Mele,Esq.
Greenspoon Marder,P.A.
200 East Broward Boulevard
Suite 1800
Fort Lauderdale,FL 33301
5. Miscellaneous Provisiions.
A. This Agreement sets forth all of the promises, covenants, agreements,
conditions and understandings between the parties hereto, and supersedes all
prior and contemporaneous agreements, understandings, inducements or
conditions,express or implied,oral or written.
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B. The invalidity of any of the provisions hereof shall in no way affect or
invalidate the remainder of this Agreement.
C. 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.
D. This Agreement shall be construed in accordance with the laws of the State of
Florida, and any proceeding arising between the parties in any manner
pertaining to this Agreement shall, to the extent permitted by law, be held in
Broward County,Florida.
E. No modification, amendment, or release of the terms or conditions contained
herein shall be effective unless contained in a written document executed by
City and Owner.
F. The captions and headings used in this Agreement are for convenience only
and do not in any way restrict,modify or amplify the terms of this Agreement.
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G. This Agreement shall be binding upon, and shall inure to, the benefit of the
parties hereto, including the successors and assigns in interest to Owner with
respect to the Project and this Agreement shall be recorded in the Public
Records of Broward County, Florida. The obligations of Owner contained in
this Agreement shall be covenants running with the Project and Owner, its
successors and/or assigns,shall be bound jointly and severally hereby.
H. If required by the City, this Agreement shall be recorded at Owner's cost in
the Public Records of Broward County,Florida.
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I. This Agreement shall be liberally construed to achieve its intent.
In the event of an controversy arising under or related to the interpretation or
J. v rp Y Y g
implementation of this Agreement or an breach thereof,the City or Owner, as E
impl gr y ty ,
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.
[SIGNATURES ON FOLLOWING PAGE]
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IN WITNESS WHEREOF, the parties hereto execute this Agreement and further agree that it
shall take effect as of the Effective Date first above written.
Witnesses: OWNER:
DANIA LIVE 1748,LLC,
a Delaware limited li bility company
N ✓`"-�- By:
SignaApre Name: e J
�� Title: Autho ed Signatory
Print Name
r O
Signs e
Am� �h r�Ccm
Print Name
STATE OF
SS:
COUNTY OF t \tG lev<
The foregoing instrument was acknowledged before me this 1 day of J P VMkr Y ,
2019,by Lee Johnson, as Authorized Signatory of DANIA LIVE 1748, LLC, a Florida limited liability
company. He is personally known to me or has produced N,.jq
as identification.
Notary Pub 'c
Typed,printed or stdrnped name of Notary Public
Commission Expires: O 2-114 I U 7-0 �w E A T
Co �GT.A R Y
c�=
z_
/;'///14�fNBURG
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32947.0013
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CITY:
CITY OF DANIA BEACH,FLORIDA,
ATTEST: a Florida municipal corporation
THOMAS SCHNEIDER,CMC LORI LEWELLEN
CITY CLERK MAYOR
t
I
APPROVED AS TO FORM AND
CORRECTNESS: COLIN DONNELLY
ASSISTANT CITY MANAGER
THOMAS J.ANSBRO
CITY ATTORNEY
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EXHIBIT'`A"
Legal Description of Project
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32947.0013
36840608
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STONER&ASSOCIATES, INC.
SURVEYORS-MAPPERS Florida Licensed Survey
4341 S.W. 62nd Avenue Tel. (954) 585-0997
Davie, Florida 33314 and Mapping Business No.6633 Fax (954) 585-3927
EXHIBIT"A"
LEGAL DESCRIPTION OF
DANIA POINTE PHASE I PARCEL
CITY OF DANIA BEACH,BROWARD COUNTY,FLORIDA I
:
LEGAL DESCRIPTION:
A PARCEL OF LAND BEING A PORTION OF PARCEL A,DANIA POINTE,ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK
183 PAGES 91 THRU 99,OF THE PUBLIC RECORDS OF BROWARD COUNTY AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS'
COMMENCE AT THE SOUTHWEST CORNER OF THE SOUTHEAST ONE-QUARTER(S.E.114),OF SECTION 33,TOWNSHIP 50 SOUTH,RANGE
42 EAST: `
i
THENCE N.01°41'47"W.,ALONG THE WEST LINE OF SAID SOUTHEAST ONE-QUARTER(S.EAM),A DISTANCE OF 668.72 FEET TO THE
POINT OF BEGINNING OF THIS DESCRIPTION;
THENCE N_87°32'08"E.A DISTANCE OF 335.53 FEET;
THENCE S.01'38'44"E.A DISTANCE OF 588.92 FEET TO A POINT ON THE MOST SOUTHERLY SOUTHWEST CORNER OF SAID PARCEL A;
THENCE N.87°34'1 VE.ALONG THE SOUTH LINE OF SAID PARCEL A,A DISTANCE OF 130.20 FEET;
THENCE N.01°32'39"E.A DISTANCE OF 120.01 FEET;
THENCE N.87°34'11"E.A DISTANCE OF 266.91 FEET;
THENCE S.01'33'00"E.A DISTANCE OF 105.01 FEET TO A POINT ON THE SOUTH OF SAID PARCEL A;
THENCE N.87°34'11"E.A DISTANCE OF 132.32 FEET;
THENCE S.02°2549"E.A DISTANCE OF 15.00 FEET;
THENCE N.87°34'11"E.A DISTANCE OF 283.84 FEET; 1
THENCE N.02°25'49"W.A DISTANCE OF 2.00 FEET; €
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THENCE N.87'34'11"E.A DISTANCE OF 40.00 FEET;
THENCE S.02°25'49"E.A DISTANCE OF 2.00 FEET;
THENCE N.87'34'11'E.A DISTANCE OF 69.46 FEET;
THENCE N.43°02'17"E.A DISTANCE OF 42.84 FEET LAST MENTIONED 8 COURSES BEING COINCIDENT WITH THE SOUTH LINE OF SAID
PARCEL A AND THE NORTH RIGHT-WAY-LINE OF STIRLING ROAD;
1
THENCE N.01°29'36"W.A DISTANCE OF 172.46 FEET;
1
THENCE N.00°15'05"W.A DISTANCE OF 46.13 FEET; I
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THENCE N.01°29'36"W.A DISTANCE OF 480.09 FEET;
THENCE N.01°18'20"E.A DISTANCE OF 225.27 FEET;
THENCE N.01°29'37"W.A DISTANCE OF 332.83 FEET LAST MENTIONED 5 COURSES BEING COINCIDENT WITH THE EAST LINE OF SAID
PARCEL A AND THE WEST RIGHT-OF-WAY LINE OF BRYAN ROAD;
THENCE S.88°3924"W.A DISTANCE OF 117.42 FEET TO A POINT OF CURVATURE OF A TANGENT CURVE CONCAVE TO THE NORTH;
THENCE WESTERLY AND NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT,HAVING A CENTRAL ANGLE OF 08°03'05"
AND A RADIUS OF 214.00 FEET FOR AN ARC DISTANCE OF 30.07 FEET TO A POINT OF REVERSE CURVATURE OF A TANGENT CURVE
CONCAVE TO THE SOUTH;
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FILE Dmw Ponle Ph=I PavcI.dn
CERTIFICATE:
I
THIS IS TO CERTIFY THAT THE SKETCH AND LEGAL DESCRIPTION SHOWN HEREON IS ACCURATE AND CORRECT TOTHE BEST OF MY KNOWLEDGE AND BELIEF,I Q-
FURTHER CERTIFY THAT THIS SKETCH AND LEGAL DESCRIPTION MEETS THE STANDARDS OF PRACTICE SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL SEAL
A '
SURVEYORS AND MAPPERS IN CHAPTER 53.17.FLORIDA ADMINISTRATIVE CODE,PURSUANT TO SECTION 472.07.FLORIDA STATUTES, L I
REVISI NS DATE BY DATE: Jan 31, 2018 NOT VALID UNLESS 0
1. REVISED SKETCH & DESCRIPTION 1 30 18 1 DRL RICHARD G. CRAWFORD Jr. SEALED HERE WITH I
PROFESSIONAL SURVEYOR AND MAPPER NO. 5371 - STATE OF FLORIDA AN EMBOSSED i o
THE MATERIAL SHOWN HEREON IS PROPERTY OF STONER&
AN
SEAL O
ASSOCIATES,INC.AND SHALL NOT BE REPRODUCED IN WHOLE OR IN PART DATE OF SKETCH: DRAWN BY CHECKED BY I FIELD BOOK U�i
WITHOUT PERMISSION OF STONER&ASSOCIATES,INC.
COPYRIGHre2019 11/30/17 DR RGC N/A SHEET 1 OF 6 x�
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STONER&ASSOCIATES, INC.
SURVEYORS—MAPPERS g
4341 S.W. 62nd Avenue Florida Licensed Survey Tel. (954) 585-0997 ,
Davie, Florida 33314 and Mapp/ng Business No.6633 Fax (954) 585-3927 1
EXHIBIT"A"
LEGAL DESCRIPTION OF
DANIA POINTE PHASE I PARCEL
CITY OF DANIA BEACH,BROWARD COUNTY,FLORIDA I
LEGAL DESCRIPTION:(CONTINUED)
THENCE NORTHWESTERLY AND WESTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT,HAVING A CENTRAL ANGLE OF 09"06'16"
AND A RADIUS OF 286.00 FEET FOR AN ARC DISTANCE OF 45.45 FEET TO A POINT OF TANGENCY;
)
THENCE 8.87"27'12"W.ALONG A LINE TANGENT TO THE LAST DESCRIBED CURVE,A DISTANCE OF 1068.81 FEET; {
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THENCE S.02"3248"E.A DISTANCE OF 147.88 FEET TO A POINT OF CURVATURE OF A TANGENT CURVE CONCAVE TO THE WEST.
THENCE SOUTHERLY AND SOUTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT,HAVING A CENTRAL ANGLE OF 04*34*44"
AND A RADIUS OF 120D.00 FEET FOR AN ARC DISTANCE OF 95.90 FEET TO A POINT OF COMPOUND CURVATURE OF A TANGENT CURVE
CONCAVE TO THE WEST;
THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT,HAVING A CENTRAL ANGLE OF 11"38'16-AND A RADIUS OF
1275.00 FEET FOR AN ARC DISTANCE OF 258.98 FEET TO A POINT ON A NON-TANGENT LINE;
THENCE S.01"41'47"E.A DISTANCE OF 10.55 FEET;
THENCE S.12"26'03"W.A DISTANCE OF 201.54 FEET;
THENCE N.87"32'08"E.A DISTANCE OF 49.21 FEET TO THE POINT OF BEGINNING.
SAID LANDS SITUATE AND BEING WITHIN THE CITY OF DANIA BEACH,BROWARD COUNTY,FLORIDA AND CONTAINING 32.81 ACRES
(1,429,154 SQUARE FEET),MORE OR LESS.
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NOTES:
1.THE PROPERTY SHOWN HEREON WAS NOT ABSTRACTED FOR OWNERSHIP,RIGHTS-OF-WAY,EASEMENTS OR OTHER MATTERS OF
RECORD.
2.THIS SKETCH AND DESCRIPTION IS"NOT VALID"WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA
LICENSED SURVEYOR AND MAPPER.
I
3.THE BEARINGS SHOWN HEREON ARE BASED ON N.87"34'1 VE.,ALONG THE SOUTH LINE SOUTHEAST ONE-QUARTER(S.E.1/4),
SECTION 33,TOWNSHIP 50 SOUTH,RANGE 42 EAST AS SHOWN ON THE PLAT OF DANIA POINTE,RECORDED IN PLAT BOOK 183, s
PAGES 91 THRU 99,OF THE PUBLIC RECORDS OF BROWARD COUNTY,FLORIDA.
4.THIS SKETCH DOES NOT REPRESENT A FIELD SURVEY (THIS IS NOT A SURVEY). F
5.THIS SKETCH OF DESCRIPTION WAS PREPARED BY THIS FIRM WITHOUT THE BENEFIT OF A TITLE SEARCH.THE LEGAL DESCRIPTION
SHOWN HEREON WAS AUTHORED BY STONER 8 ASSOCIATES,INC.
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6.SEE SHEETS 3 THRU 6 OF 6 FOR A GRAPHIC DEPICTION(SKETCH)OF THE PROPERTY DESCRIBED HEREON.
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SKETCH NO.
RE:C: Uses\damWn oppdalo ocd\letup\AcPublisA 15400\N-8058 Dona Points Plow I Porcd.dq SHEET 2 OF 6 14-8058 PHI-P
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STONER&ASSOCIATES, INC.
SURVEYORS-MAPPERS
4341 S.W. 62nd AVE. Florida Licensed Survey Tel. (954) 585-0997
Davie, Florida 33314 and Mapping Business No.6633 Fax (954) 585-3927 I
EXHIBIT°AG
SKETCH OF DESCRIPTION
DANIA POINTE PHASE I PARCEL
CITY OF DANIA BEACH,BROWARD COUNTY,FLORIDA
MATCH LINE(SEE SHEET 6 OF 6)
� � �� � � �� � si• �� si• .a �� � st. �� S
S.LINE, S.12°26'03°W.
PORTION OF PARCEL A
PARCEL'A. 201 54' DANIA POINTE
P.B.124, (P.B.183,PG.91-99,B.C.R.)
PG.4 ,B.C.R.)
N.87°32'08"E.335.53' I
N.87°3 '08"E. l
P.O.B.
1 I 1 I
I 1 Fes,?CEL 'A'
I I I HI.TON GARDENS AT €
STIRLING ROAD
II ma. f71, Pa. it, a.c.R.)I I
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3 t)j DANIA POINTE (11
(P.B.183,PG_91-99.B.C.R.)
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I I N.87°34'11"E. 266.91'
QI ( PARCEL ,.4., Uj IQ
+} "STIRLING ROAD PLAZA"' � o-
IP.8. 178, PG. 112, B.C.R.) or'
M ci
�-01 I N.87°34'11"E. MS
�1 I o S.LINE,PARCEL A 132.32' o i
r'I MOST SOUTHERLY Z `
S.W.CORNER,PARCELA N.87°34'11"E. €
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(� P,O,C, b N.RNNLINE
S.W.CORNER,S.E.''/, m m
_- - - SEC.33-50-42 -- -_ -- _ S.LINE,S.E.1/4 SEC.33-50-42
STIRLING ROAD
( STATE ROAD 848 )
LEGEND:
P.B. PLAT BOOK
PG, PAGE
B.C.R. BROWARD COUNTY RECORDS
P.O.C. POINT OF COMMENCEMENT SCALE:V=120'
P.O.B. POINT OF BEGINNING
CA- CENTRALANGLE
R= RADIUS NOTE:
A= ARC DISTANCE 0 ao so i2o 240
RNV RIGHT-OF-WAY SEE SHEETS 1 AND 2 OF 6 FOR THE LEGAL
Q CENTERLINE DESCRIPTION OF THE PROPERTY SHOWN GRAPHIC SCALE
GRAPHICALLY HEREON. SHEET 3 OF 6 514 8058 PH1-P
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STONER &ASSOCIATES, INC.
4341 S.W. 62nd AVE. SURVEYORS-MAPPERS Tel. 954
Florida Licensed Survey ( ) 585-0997
Davie, Florida 33314 and Mapping Business No.6633 Fax (954) 585-3927
EXHIBIT"A'
SKETCH OF DESCRIPTION
DANIA POINTE PHASE 1 PARCEL
CITY OF DANIA BEACH,BROWARD COUNTY,FLORIDA
MATCH LINE(SEE SHEET 5 OF 6)
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1"0 l Q
O PORTION OF PARCEL A O I
DANIA POINTE
(P.B.183.PG.91-99.B.C.R) I
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42.84' o
in S.02°25'49"E. Z
Nj c N.87°34'11'E. 2.00'
N,87°34'11"E. �' S.LINE,PARCEL A 40.00' I
132.32' N.87'3411"E.283,84' N.02°2549"W. N.87°34'1 'E. --—
1 b N.RNV LINE 69.46' c
S.LINE,S.E.114 SEC.33-50-42 N
S T I R L I N G ROAD
( STATE ROAD 848 )
LEGEND:
P.B. PLAT BOOK
PG. PAGE
B.C.R. BROWARD COUNTY RECORDS
P.O.C. POINT OF COMMENCEMENT SCALE:1"=120'
P.O.B. POINT OF BEGINNING
CA= CENTRAL ANGLE
R= RADIUS NOTE:
A= ARC DISTANCE SEE SHEETS 1 AND 2 OF 6 FOR THE LEGAL 0 w w IC xa
RNV C:NTERLIGHT-OF WAY DESCRIPTION OF THE PROPERTY SHOWN GRAPHIC SCALE
CENTERLINE GRAPHICALLY HEREON. SKETCH NO.
SHEET 4 OF 6 14-8058 PH1-P
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STONER&ASSOCIATES, INC.
SURVEYORS—MAPPERS
4341 S.W. 62nd AVE. Tel. (954) 585-0997
Florida Licensed Survey
Davie, Florida 33314 and Mapping Business No.6633 Fax (954) 585-3927
EXHIBIT"A'
SKETCH OF DESCRIPTION
DANIA POINTE PHASE i PARCEL
CITY OF DANIA BEACH,BROWARD COUNTY,FLORIDA
DANIA POINTE
I 1
IPA.183 PD.91-99,B.C.B.) I I
I
CA=09°06'16"
R=286.00' CA=08"03'05" \
A=45.45' R=214.00'
S.87'27'12"W. 1068.81' A=30.07'
.88 30 2
117.42'
Oq
M I�
ILL ' N Z I 1
O O I 0
F� z
H PORTION OF PARCEL A w I
U I I'
1y DANIA POINTE L)
191 (P.8.183,PG.91-99,B.C.R.) a
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Ip
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N.01"29'36"W.
480.09' N
MATCH LINE(SEE SHEET 4 OF 6)
LEGEND:
P.B. PLAT BOOK
PG. PAGE
B.C.R. BROWARD COUNTY RECORDS
P.O.C. POINT OF COMMENCEMENT SCALE:1"=120'
P.O.B. POINT OF BEGINNING
CA- CENTRALANGLE
R= RADIUS NOTE:
A= ARC DISTANCE 0 30 00 120 240
RAN RIGHT-OF-WAY SEE SHEETS 1 AND 2 OF 6 FOR THE LEGAL GRAPHIC SCALE
CENTERLINE DESCRIPTION OF THE PROPERTY SHOWN
GRAPHICALLY HEREON, SKETCH NO.
SHEET 5 OF 6 14-8058 PH1-P
STONER &ASSOCIATES'
INC.
SURVEYORS MAPPERS
4341 S.W. 62nd AVE. Florida Licensed Survey Tel. (954) 585-0997
Davie, Florida 33314 and Mapping Business No.6633 Fax (954) 585-3927
EXHIBIT"A"
SKETCH OF DESCRIPTION
DANIA POINTE PHASE I PARCEL
CITY OF DANIA BEACH,BROWARD COUNTY,FLORIDA
c
I
RE.-P-Mi-NVER OF MARCO. "A" �
DANIA POINTE
N PR.In,Pa.9"9 a.6.R1
?= m I tv S.87°27'12W. 1068.81'
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DANIA POINTE N
(P.B.183.PG.91-99,B.C.R.) {WjJ
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LEGEND:
P.B. PLAT BOOK
PG. PAGE
B.C.R. BROWARD COUNTY RECORDS
P.O.C. POINT OF COMMENCEMENT SCALE:V=120,
P.O.B. POINT OF BEGINNING
CA- CENTRAL ANGLE
R= RADIUS NOTE:
A= ARC DISTANCE SEE SHEETS 1 AND 2 OF 8 FOR THE LEGAL ao "o 129 2c9
RAN CENTERLINE
NE WAY DESCRIPTION OF THE PROPERTY SHOWN GRAPHIC SCALE
C
� CENTERLI
GRAPHICALLY HEREON. SKETCH NO.
SHEET 6 OF 6 14-8058 PH1-P
e
STONER&ASSOCIATES, INC.
SURVEYORS—MAPPERS I
4341 S.W. 62nd Avenue Florida Licensed Survey Tel. (954) 585-0997
Davie, Florida 33314 and Mapping Business No.6633 Fax (954) 585-3927
EXHIBIT"A"
LEGAL DESCRIPTION OF
DANIA POINTE PHASE 11 PARCEL '
CITY OF DANIA BEACH,BROWARD COUNTY,FLORIDA
LEGAL DESCRIPTION:
A PARCEL OF LAND BEING A PORTION OF PARCEL A,DANIA POINTE,ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK
f:
183 PAGES 91 THRU 99,OF THE PUBLIC RECORDS OF BROWARD COUNTY AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: I
)
COMMENCE AT THE SOUTHWEST CORNER OF THE SOUTHEAST ONE-QUARTER(S.E.1/4)OF SAID SECTION 33,TOWNSHIP 50 SOUTH,
RANGE 42 EAST;
THENCE N.01"41'47"W.,ALONG THE WEST LINE OF SAID SOUTHEAST ONE-QUARTER(S-E.1/4).A DISTANCE OF 874.05 FEET TO THE
POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL OF LAND; 3
r
THENCE CONTINUE N.01"41'47"W.,A DISTANCE OF 220.75 FEET TO A POINT ON THE MOST WESTERLY SOUTH LINE OF SAID PARCEL A;
THENCE S.88"18'13"W.,ALONG SAID MOST WESTERLY SOUTH LINE,A DISTANCE OF 513.30 FEET TO THE MOST WESTERLY SOUTHWEST
CORNER OF SAID PARCEL A,SAID POINT BEING ON THE ARC OF A NON-TANGENT CURVE CONCAVE TO THE WEST,A RADIAL LINE OF
SAID CURVE THROUGH SAID POINT HAVING A BEARING OF N.89°43'55"E.;
F
THENCE NORTHERLY,ALONG THE ARC OF SAID CURVE,TO THE LEFT,HAVING A CENTRAL ANGLE OF 04°00'14"AND A RADIUS OF
5,929.65 FEET,FOR AN ARC DISTANCE OF 414.38 FEET,TO A POINT OF TANGENCY;
THENCE N.04"16'19"W.,ALONG A LINE TANGENT TO THE LAST DESCRIBED CURVE,A DISTANCE OF 1,158.32 FEET TO THE MOST
WESTERLY NORTHWEST CORNER OF SAID PARCEL A,LAST MENTIONED TWO COURSES BEING COINCIDENT WITH THE EAST
RIGHT-OF-WAY LINE OF SAID INTERSTATE 95(S.R.9)AND THE WEST LINE OF SAID PARCEL A;
THENCE N.87"26'02"E.,ALONG THE MOST WESTERLY NORTH LINE OF SAID PARCEL A AND THE NORTH LINE OF THE SOUTHWEST
ONE-QUARTER(S.W.1/4)OF SAID SECTION 33,A DISTANCE OF 569.57 FEET TO THE NORTHEAST CORNER OF THE SAID SOUTHWEST
ONE-QUARTER(S.W.1/4);
THENCE N.01'41'47"W.,ALONG THE WEST LINE OF THE NORTHEAST ONE-QUARTER(N.E.1/4)OF SAID SECTION 33,A DISTANCE OF
G
295.03 FEET TO THE MOST NORTHERLY NORTHWEST CORNER OF SAID PARCEL A;
THENCE N.87"26'02"E.,ALONG THE NORTH LINE OF SAID PARCEL A.A DISTANCE OF 1,303.07 FEET TO THE NORTHEAST CORNER OF
SAID PARCEL A;
THENCE S.01"44'04"E.,A DISTANCE OF 295.03 FEET;
t
THENCE S,01"2936"E.,A DISTANCE OF 245.05 FEET;
THENCE S.88"30'24"W.,A DISTANCE OF 2.00 FEET,-
THENCE S.01"2936"E.,A DISTANCE OF 40.00 FEET;
THENCE N.88"30'24"E.,A DISTANCE OF 2.00 FEET;
THENCE S.01"29'36"E.,A DISTANCE OF 541.96 FEET;
THENCE N.88"30'24"E.,A DISTANCE OF 6.00 FEET;
D
THENCE S.01"29'36"E.,A DISTANCE OF 484.63 FEET,LAST MENTIONED 8 COURSES BEING COINCIDENT WITH THE EAST LINE OF SAID
PARCEL A AND THE WEST RIGHT-OF-WAY LINE OF BRYAN ROAD;
THENCE S.88"30'24"W.,A DISTANCE OF 117.42 FEET TO A POINT OF CURVATURE OF A TANGENT CURVE CONCAVE TO THE NORTH;
THENCE WESTERLY,ALONG THE ARC OF SAID CURVE TO THE RIGHT,HAVING A CENTRAL ANGLE OF 08"03'05"AND A RADIUS OF 214.00
FEET,FOR AN ARC DISTANCE OF 30.07 FEET TO A POINT OF REVERSE CURVATURE OF A TANGENT CURVE CONCAVE TO THE SOUTH;
FILE C\Uwm\damtm\q)*to\locd\tamp blhh_6WD\14-SM DmIa Pohte Ph=I Pacd.dn
CERTIFICATE:
THIS IS TO CERTIFY THAT THE SKETCH AND LEGAL DESCRIPTION SHOWN HEREON IS ACCURATE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF.I a
FURTHER CERTIFY THAT THIS SKETCH AND LEGAL DESCRIPTION MEETS THE STANDARDS OF PRACTICE SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL SEAL
N 1
SURVEYORS AND MAPPERS IN CHAPTER 5.1-17,FLORIDA ADMINISTRATIVE CODE,PURSUANT TO SECTION 472-07.FLORIDA STATUTES. SEA
REVISIONS I DATE I BY DATE: Feb 06, 2018 NOT VALID UNLESS 0-
1. 1 REVISED SKETCH & DESCRIPRON 2/2 18 DRL RICHARD G. CRAWFORD Jr. SEALED HERE WITH I
AN EMBOSSED 60
PROFESSIONAL SURVEYOR AND MAPPER NO. 5371 - STATE OF FLORIOA SURVEYOR'S SEAL Z O
THE MATERIAL SHOWN HEREON IS THE PROPERTY OF STONER 8
ASSOCIATES,INC.AND SHALL NOT BE REPRODUCED IN WHOLE OR IN PART DATE OF SKETCH: DRAWN BY CHECKED BY I FIELD BpOK gcg
WRHOUT PERMISSION OF STONER 8 ASSOCIATES,INC.
COPYRIGHT to 4/19/16 DRL RGC N/A SHEET 1 OF 9 N.�—
5STONER
ASSO0
/ATES, INC.
SURVEYORS-MAPPERS
4341 S.W. 62nd Avenue Florida Licensed Survey Tel. (954) 585-0997
Davie, Florida 33314 and Mapping Business No.6633 Fax (954) 585-3927
UHIBIT'A"
LEGAL DESCRIPTION OF
DANIA POI NTE PHASE II PARCEL
CITY OF DANIA BEACH,BROWARD COUNTY,FLORIDA
LEGAL DESCRIPTION:(CONTINUED)
THENCE WESTERLY,ALONG THE ARC OF SAID CURVE,TO THE LEFT,HAVING A CENTRAL ANGLE OF 09"06'16"AND A RADIUS OF 286.00
FEET FOR AN ARC DISTANCE OF 45.45 FEET TO A POINT OF TANGENCY;
THENCE S.87"27'12"W.,ALONG A LINE TANGENT TO THE LAST DESCRIBED CURVE,A DISTANCE OF 1,068.81 FEET;
E
THENCE S.02"3248"E.,AT RIGHT ANGLES TO THE PREVIOUS MENTIONED COURSE,A DISTANCE OF 147.88 FEET TO A POINT OF )
CURVATURE OF A TANGENT CURVE CONCAVE TO THE WEST;
THENCE SOUTHERLY AND SOUTHWESTERLY,ALONG THE ARC OF SAID CURVE TO,THE RIGHT,HAVING A CENTRAL ANGLE OF 04"34'44"
AND A RADIUS OF 1,200.00 FEET FOR AN ARC DISTANCE OF 95.90 FEET TO A POINT OF COMPOUND CURVATURE OF A TANGENT CURVE
CONCAVE TO THE WEST;
THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT,HAVING A CENTRAL ANGLE OF 11"38'16"AND A RADIUS OF
1,275.00 FEET FOR AN ARC DISTANCE OF 258.98 FEET TO A POINT ON A NON-TANGENT LINE AND THE POINT OF BEGINNING.
SAID LAND SITUATE WITHIN THE CITY OF DANIA BEACH,BROWARD COUNTY,FLORIDA,CONTAINING 67.60 ACRES,(2,944,537 SQUARE
FEET),MORE OR LESS.
pgf
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I
NOTES: €
1.THE PROPERTY SHOWN HEREON WAS NOT ABSTRACTED FOR OWNERSHIP,RIGHTS-OF-WAY,EASEMENTS OR OTHER MATTERS OF
RECORD.
2.THIS SKETCH AND DESCRIPTION IS"NOT VALID"WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA
LICENSED SURVEYOR AND MAPPER.
3.THE BEARINGS SHOWN HEREON ARE BASED ON N.87"34'11"E.,ALONG THE SOUTH LINE SOUTHEAST ONE-QUARTER(S.E.1/4),
SECTION 33,TOWNSHIP 50 SOUTH,RANGE 42 EAST AS SHOWN ON THE PLAT OF DANIA POINTE,RECORDED IN PLAT BOOK 183, I
PAGES 91 THRU 99,OF THE PUBLIC RECORDS OF BROWARD COUNTY,FLORIDA.
4.THIS SKETCH DOES NOT REPRESENT A FIELD SURVEY (THIS IS NOT A SURVEY).
5.THIS SKETCH OF DESCRIPTION WAS PREPARED BY THIS FIRM WITHOUT THE BENEFIT OF A TITLE SEARCH.THE LEGAL DESCRIPTION
SHOWN HEREON WAS AUTHORED BY STONER&ASSOCIATES,INC.
6.SEE SHEETS 3 THRU 9 OF 9 FOR A GRAPHIC DEPICTION(SKETCH)OF THE PROPERTY DESCRIBED HEREON.
i
SKErCH N0.
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STONER&ASSOCIATES, INC.
SURVEYORS-MAPPERS
4341 S.W. 62nd AVE. Florida Licensed Survey Tel. (954) 585-0997
Davie, Florida 33314 and Mapping Business No.6633 Fax (954) 585-3927
EXHIBIT'A"
SKETCH OF DESCRIPTION
DANIA POINTE PHASE Il PARCEL
CITY OF DANIA BEACH,BROWARD COUNTY,FLORIDA
MATCH LINE (SEE SHEET 4 OF 9)
CO
F- 1
PORTION OF PARCEL A I a
Iq DANIA POINTE I a
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LEGEND: (STATE ROAD 8 4 8 ) S.W.CORNER, 50-r
SECTION 33-50-42
P.B. PLAT BOOK
PG. PAGE
B.C.R. BROWARD COUNTY RECORDS
P.O.C. POINTOFCOMMENCEMENT
P.O.B. POINT OF BEGINNING SCALE:1"=120'
CA= CENTRAL ANGLE
R= RADIUS
A= ARC DISTANCE
F.D.O.T. FLORIDA DEPARTMENT
OF TRANSPORTATION NOTE: 0 30 60 120 24.
R(W RIGHT-OF-WAY SEE SHEETS 1 AND 2 OF 9 FOR THE LEGAL GRAPHIC SCALE
CENTERLINE DESCRIPTION OF THE PROPERTY SHOWN _
—1� BREAK IN LINE SCALE GRAPHICALLY HEREON. SHEET 3 OF 9 SKEMM O PH2-P
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STONER &ASSOCIATES,INC.
SURVEYORS-MAPPERS
4341 S.W. 62nd AVE. Florida licensed Survey Tel. (954) 585-0997
Davie, Florida 33314 and Mapping Business No.6633 Fax (954) 585-3927
EXHIBIT"A" k
SKETCH OF DESCRIPTION
DANIA POINTE PHASE If PARCEL
CITY OF DANIA BEACH,BROWARD COUNTY,FLORIDA
s
MATCH LINE (SEE SHEET 5 OF 9)
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GRAPHICALLY HEREON,
GRAPHIC SCALE SKETCH NO.
SHEET 4 OF 9 14-8058 PH2-P
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STONER &ASSOCIATES, INC.
i
SURVEYORS-MAPPERS
4341 S.W. 62nd AVE. Florida Licensed Survey Tel. (954) 585-0997
Dave Florida 3331 g I 4 and Mapping Business No.6633 Fax (954) 585-3927
EXHIBIT Dan
SKETCH OF DESCRIPTION
DANIA POINTE PHASE H PARCEL
CITY OF DANIA BEACH,BROWARD COUNTY,FLORIDA
N.87°26'02'E.
1303.07'
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B.C.R. BROWARD COUNTY RECORDS
(n 0 P.O.C. POINT OF COMMENCEMENT I
f/ P.O.B. POINT OF BEGINNING
LL O CA-- CENTRALANGLE
W R= RADIUS I '
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SCALE:1"=120' MATCH LINE (SEE SHEET 4 OF 9) NOTE:
SEE SHEETS 1 AND 2 OF 9 FOR THE LEGAL
DESCRIPTION OF THE PROPERTY SHOWN
GRAPHICALLY HEREON.
0 30 so 120 240
GRAPHIC SCALE SKETCH NO,
SHEET 5 OF 9 14-8058 PH2-P
3
8
JSTONER&ASSOCIATES, INC.
SURVEYORS-MAPPERS
4341 S.W. 62nd AVE. Florida licensed Survey Tel. (954) 585-0997
Davie, Florida 33314 and Mapping Business No.6633 Fax (954) 585-3927
EXHIBIT'A°
SKETCH OF DESCRIPTION
DANIA POINTE PHASE If PARCEL
C17Y OF DANIA BEACH,BROWARD COUNTY,FLORIDA I
PORTION OF TRACT .4
RE-AMMENDED PLAT OF HOLLYWOOD PALMS
JP-B. 36, PO. 46, B.C.R.J
N N.87°26'02"E. 1303.07'
N.LINE PARCEL A
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LEGEND:
P.B. PLAT BOOK
PG. PAGE
B.C.R. BROWARD COUNTY RECORDS
P.O.C. POINT OF COMMENCEMENT
P.O.B. POINT OF BEGINNING ,
CA= CENTRAL ANGLE
' R= RADIUS '
A= ARC DISTANCE
F.D.O.T. FLORIDA DEPARTMENT
OF TRANSPORTATION
RNd RIGHT-OF-WAY
CENTERLINE
—�— BREAK IN LINE SCALE
L = = � m w � m
SCALE:1"=120' MATCH LINE (SEE SHEET 9 OF 9) NOTE:
SEE SHEETS 1 AND 2 OF 9 FOR THE LEGAL
DESCRIPTION OF THE PROPERTY SHOWN
GRAPHICALLY HEREON.
0 30 60 120 240
GRAPHIC SCALE SHEET 6 OF 9 14 8058 PH2-P
pg3S
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3
STOMER &ASSOCIATES, INC. '
SURVEYORS—MAPPERS
4341 S.W. 62nd AVE. Florida Licensed Survey Tel. (954) 585-0997
Davie, Florida 33314 and Mapping Business No.6633 Fax (954) 585-3927
MIB1T'A1l
SKETCH OF DESCRIPTION
DANIA POINTE PHASE 11 PARCEL
CITY OF DANIA BEACH,BROWARD COUNTY,FLORIDA
1161RTI0ub 0r. TpAC
RE-AMMENUEU PLAT OF .HOLLyW000 PALMS e
(P.B. 26, Po. 46, B.C.R.) LEGEND:
N.87°26'02"E. 1303.07' P.B. PLAT BOOK
PG. PAGE I
B.C.R. BROWARD COUNTY
N.LINE PARCEL A N.E.CORNER RECORDS I
PARCEL A P.O.C. POINT OF
COMMENCEMENT
w i P.O.B. POINT OF BEGINNING
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DESCRIPTION OF THE PROPERTY SHOWN
GRAPHICALLY HEREON.
0 30 60 120 240
SKETCH NO.
GRAPHIC SCALE SHEET 7 OF 9 14-8058 PH2—P
JtER .1 ASSOCIATESo INC.
RVEYORS-MAPPERS4341 S.W. 62nd AVE. Florida Licensed SurveyTal. (954) 585-0997
Davie, Florida 33314 Mapping Busyness No.8633
Fax (954) 585-3927
EXHIBIT'A°
SKETCH OF DESCRIPTION
DANIA POINTE PHASE 11 PARCEL
CITY OF DANIA BEACH,BROWARD COUNTY, FLORIDA
MATCH LINE (SEE SHEET 7 OF 9)
I LEGEND:
P.B. PLAT BOOK =
rn PG. PAGE
L�__ B.C.R BROWARD COUNTY
RECORDS
' P.O.C. POINT OF
nl COMMENCEMENT
' - P.O.B. POINT OF BEGINNING
N / CA= CENTRAL ANGLE
_ R= RADIUS
A= ARC DISTANCE g
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' GRAPHIC SCALE
RE MA AMIER OF PARCEL'"A
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IPA 183,P0.91.99,RC.RJ I
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NOTE:
SEE SHEETS 1 THRU 3 OF 15 FOR THE
LEGAL DESCRIPTION OF THE PROPERTY
SHOWN GRAPHICALLY HEREON.
SKETCH No.
SHEET 8 OF 9 1 14-8058 PH2-P
1
i
STONER&ASSOCIATES, INC.
SURVEYORS-MAPPERS
4341 S.W. 62nd AVE. Florida Licensed Survey Tel. (954) 585-0997
Davie, Florida 33314 and Mapping Business No.6633 Fax (954) 585-3927
EXHIBIT"A"
SKETCH OF DESCRIPTION
DANIA POINTE PHASE ll PARCEL
CITY OF DANIA BEACH,BROWARD COUNTY,FLORIDA
MATCH LINE (SEE SHEET 6 OF 9) I
PORTION OF PARCEL A 1 -0
DANIA POINTE 1116
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P.B. PLAT BOOK z
PG. PAGE
Z B.C.R. BROWARO COUNTY RECORDS
P.O.C. POINT OF COMMENCEMENT F
P.O.B. POINT OF BEGINNING a
CA= CENTRAL ANGLE '
R= RADIUS
A= ARC DISTANCE '
F.D.O.T. FLORIDA DEPARTMENT
OF TRANSPORTATION
RtW RIGHT-OF-WAY
CENTERLINE
-1� BREAK IN LINE SCALE
S.87°27'12'W. 1068.81' ■
DANIA POINTE
IPA 183,PG.91.99,B.L.R.)
SCALE:1"=120' NOTE:
SEE SHEETS 1 THRU 3 OF 15 FOR THE
^ LEGAL DESCRIPTION OF THE PROPERTY
SHOWN GRAPHICALLY HEREON.
0 30 00 120 240
GRAPHIC SCALE SHEET 9 OF 9 514c8058 PH2-P
EXIIIBIT"B"
Water Meter Exhibit—Phase I
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32947.0013
36840608
EXHIBIT"D"
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County Agreement
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36840608
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AGREEMENT BE, BROWARD COUNTY AND CITY OF DANIA BEACH FOR
TRAFFICWAY ILLUMINATION FOR BRY AN ROAD
This agreement ("Agreement") between Broward County ("County"), a political
subdivision of the State of Florida, and City of Dania Beach corporation
("City"), a municipalP cor r
organized and existing under the laws of the State of Florida(collectively,the"Parties"),is entered i
into and effective as of the date this Agreement is fully executed by the Parties("Effective Date").
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RECITALS t
A. Bryan Road from Stirling Road to Old Griffin Road is a public trafficway
("Trafficway"), functionally classified as a County road, and located within City's municipal
boundaries.
B. It is of mutual benefit to the residents of County and City to illuminate the
Trafficway by installing the lighting system described in Article 2.
C. City desires to undertake the installation of the lighting system and its continued
operation and maintenance. i
D. County agrees to allow the installation of the lighting system,on that portion of the
Traffieway shown in red on Exhibit A(the"Property"),subject to the terms and conditions of this F
Agreement.
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E. City, by motion of its governing body adopted on the Z day of
20�has accepted responsibility for the ongoing operation and maintenan e of the Propett nder,
the terms of this Agreement.
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F. City has authorized the appropriate City officials to execute this Agreement.
NOW, THEREFORE, for good and valuable consideration, the receipt of which is hereby
acknowledged,the Parties agree as follows:
ARTICLE 1.DEFINITIONS
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1.1 Approved Plans: The construction documents with specifications depicting and defining
the Project(as defined below),including all materials to be installed within the Property that must
be submitted to and approved by the Contract Administrator.
1.2 Board: The Board of County Commissioners of Broward County,Florida.
1.3 Contract Administrator: The Director of the Broward County Highway Construction and i
Engineering Division,or designee.
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1.4 County Administrator: The administrative head of County appointed by the Board.
1.5 County Attorney: The chief legal counsel for County appointed by the Board.
Approved BGG
Submitted fay �.-111a.—.1 I
RETURN TO DOCUMENT CONTROL
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1.6 Division: The Broward County Highway Construction and Engineering Division.
1.7 Lighting or Lighting; System: Light poles, luminaires, cable, conduit, grounding, load
centers, pullboxes, conductors, and cable distribution systems as described in Article 2, the
Approved Plans,and Exhibit B.
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1.8 Pro e : That portion of the Trafficway shown in red and shown in Exhibit A.
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ARTICLE 2.SCOPE OF PARTICIPATION
2.1 City shall:
2.1.1 Apply, or cause application to be made, to the Division for a permit to install the
Lighting System as set forth in the Approved Plans. City must not proceed with installation
of the Lighting System until the Division permit(s) has/have been issued and permit
conditions for commencement of construction have been satisfied.
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2.1.2 In accordance with the Approved Plans,install or cause to be installed the Lighting
System on the Property to the Contract Administrator's satisfaction.
2.1.3 Following completion of the installation of the Lighting System, provide the
County with signed and sealed certified as-built drawings and warranties for any work
performed on the Lighting System.
2.1.4 Once installed,properly operate and maintain the Lighting System in accordance
with the Approved Plans. As part of such maintenance responsibility,City shall keep the
Lighting System in good repair and replace all defective or worn out Lighting System parts
and equipment including but not limited to, poles, luminaires, and circuitry. City's
responsibility to keep or cause to keep the system in good repair includes all necessary
maintenance,repair, and replacement of any type or nature,including,but not limited to,
maintenance,repair,and replacement due to normal wear and tear,acts of God,vandalism,
and accidents.
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2.1.5 Ensure City's use of the Property and Trafficway causes no damage thereto.
2.1.6 Provide the Contract Administrator,or designee,with prompt written notice as set
forth in Article 5 of any occurrence,incident,or accident occurring on the Property.
2.2 County shall:
2.2.1 After receipt of a completed application for permit including proposed plans and
specifications,review the application for completeness and either reject the application,or
process the application for issuance of the permit.
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2.2.2. Upon City's request for a final inspection, and after receiving signed and sealed 1
certified as-built drawings detailing the pertinent information regarding the installation,
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and verifying its conformance with the Approved Plans,perform a final inspection.
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2.2.3 Inspect the installation of the Lighting Y J System and reject work that does not meet g
the requirements of the Approved Plans.
2.2.4 Have no further obligation except as otherwise specifically set forth herein.
2.3 Any relocation, replacement, modification, or alteration of the Lighting System by City
requires the prior submittal of plans by City to the Division for approval, consistent with the
requirements above.
2.4 All Lighting placed upon the Property will remain the property of City,and will be placed a
upon the Property at City's sole risk.
2.5 This Agreement does not change the functional classification of the Traffieway.
2.6 City's obligations under this Agreement may be performed by City through the use of its
employees, or City may enter into a contract with a third party to perform the services. If City
contracts with a third party,City will remain fully responsible hereunder and must ensure that the
third party complies at all times with each and every term,condition,duty,and obligation set forth
herein.
2.7 In the administration of this Agreement,as contrasted with matters ofpolicy,City may rely
on the instructions or determinations made by the Contract Administrator,provided,however,that
such instructions and detenninations do not change the requirements of this Article 2.
ARTICLE 3.COSTS
City shall pay for all costs associated with the design, installation, continued operation, 4
maintenance,repair,and replacement of the Lighting System, including all electrical,energy,and `
other utility charges,at no cost to County.
ARTICLE 4.TERM AND TERMINATION
4.1 This Agreement starts on the Effective Date and continues in perpetuity unless terminated
as provided below.
4.2 This Agreement may be terminated for cause by County,through action of the Board,upon
thirty(30)days'written notice given by the Contract Administrator to City setting forth the breach.
If City cures the breach within thirty(30)days after written notice,to the Contract Administrator's
satisfaction,this Agreement will remain in full force and effect. If such breach is not cured within
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thirty(30)days after written notice,County may terminate this Agreement. If City fails to maintain
the Lighting System,County,at the option of the Contract Administrator,may cause such breach
to be cured and invoice City for the costs of the cure or terminate this Agreement. If County opts
to cure the breach and invoice City for the costs,City shall remit to County the amount invoiced
within thirty(30)days of City's receipt of the invoice.
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4.3 Cause to terminate this Agreement includes,but is not limited to,City's failure to suitably
perform the services required by Article 2, or City's failure to maintain the Lighting System,
notwithstanding whether any such breach was previously waived or cured.
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4.4 If this Agreement is terminated,City must remove from the Property,at City's sole expense,
any Lighting System placed upon it unless the Contract Administrator,in writing,authorizes City
to leave the Lighting System on the Property. If the Lighting System must be removed:
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4.4.1 County will have no obligation to remove,relocate,reinstall,or replace any part of
the Lighting System,or in any way compensate City for any loss resulting from or arising
out of the termination of this Agreement.
4.4.2 City must obtain a permit from the Division to remove the Lighting System and
return the Property to a safe condition following said removal.
4.4.3 City will be obligated to repair or pay for any damage to the Property resulting from
the removal of the Lighting System.
ARTICLE 5.NOTICES
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Whenever either party desires to give notice to the other,such notice must be in writing,
sent b certified United States Mail postageprepaid, return receipt requested, or sent b
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commercial express carrier with acknowledgement of delivery,or by hand-delivery with a request
for a written receipt of acknowledgment of delivery, together with a contemporaneous email,
addressed to the party for whom it is intended at the place last specified. The place for giving
notice will remain the same as set forth herein until changed in writing in the manner provided in F
this article. For the present,the Parties designate the following:
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FOR COUNTY:
Director,Broward County Highway Construction and Engineering Division
1North University Drive,Box B300
Plantation,Florida 33324
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FOR CITY:
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City Manager,City of Dania Beach
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100 W.Dania Beach Boulevard
Dania Beach,Florida 33004
ARTICLE 6.INDEMNIFICATION
6.1 City and County are entities subject to Section 768,28,Florida Statutes,as may be amended
from time to time, and agrees to be fully responsible for the acts and omissions of its agents or 1
employees to the extent permitted by law. Nothing herein is intended to serve as a waiver of
sovereign immunity by any party to which sovereign immunity may be applicable. Nothing herein l
can be construed as consent by City or County to be sued by third parties in any matter arising out
of this Agreement or any other contract.
6.2 If City contracts with a third party to provide the services set forth herein,any contract with
such third party must include the following provisions:
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6.2.1 Indemnification: City's contractor shall indemnify and hold harmless County, its 1
officers,agents,and employees,from liabilities,damages,losses,and costs,including,but
not limited to reasonable attorneys fees, to the extent caused by the negligence, F
recklessness, or intentionally wrongful conduct of City's contractor and other persons
employed or utilized by City's contractor in the performance of this Agreement. These f
indemnifications shall survive the term of this Agreement. If any action or proceeding is
brought against County by reason of any such claim or demand, City's contractor shall,
upon written notice from County,resist and defend such action or proceeding by counsel
satisfactory to County.
6.3 The provisions of this article will survive the termination of this Agreement.
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ARTICLE 7. INSURANCE
7.1 City shall provide the Contract Administrator with written verification of liability
protection in accordance with state law prior to final execution of this Agreement. Additionally, f
if City elects to purchase excess liability coverage,City agrees that County will be furnished with
a certificate of insurance listing"Broward County"as a certificate holder and an additional insured.
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7.2 If City contracts with a third party to provide the services set forth herein,any contract with
such third party must include,at a minimum,the following provisions:
7.2.1 Insurance: City's contractor shall keep and maintain, at the contractor's sole cost
and expense,insurance of the types and minimum amounts as set forth on Exhibit C, and
specifically protect County by naming "Broward County" as an additional insured under
the Commercial General Liability Insurance policy as well as any Excess Liability policy.
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7.2.2 City's contractor, shall furnish to the Contract Administrator, certificates of t
insurance and endorsements evidencing the insurance coverage specified above prior to
beginning the performance of work under this Agreement.
7.2.3 Coverage is not to cease and is to remain in full force and effect until all
performance required of City's contractor is completed.
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ARTICLE 8.MISCELLANEOUS i
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8.1 Documents. Copies of any and all reports,photographs,surveys,plans,and other data and
documents provided or created in connection with this Agreement must be provided to County at
no cost upon request.
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8.2 Independent Contractor. City is an independent contractor under this Agreement. In
performing under this Agreement,neither City nor its agents shall act as officers,employees, or
agents of County. City does not have the right to bind County to any obligation not expressly
undertaken by County under this Agreement. 1
8.3 Third Party Beneficiaries. Neither City nor County intends to directly or substantially
benefit a third party by this Agreement. Therefore,the Parties acknowledge that there are no third
party beneficiaries to this Agreement and that no third party will be entitled to assert a right or
claim against either of them based upon this Agreement.
8.4 Assignment and Performance.Neither this Agreement nor any right or interest herein may
be assigned,transferred, or encumbered by City without the prior written consent of County. If E
City violates this provision,County will have the right to immediately terminate this Agreement.
City represents that each person and entity that will perform services under this Agreement is duly
qualified to perform such services by all appropriate governmental authorities,where required,and
is sufficiently experienced and skilled in the area(s) for which such person or entity will render j
services. City agrees that all services under this Agreement will be performed in a skillful and j
respectful manner,and that the quality of all such services must equal or exceed prevailing industry
standards for the provision of such services.
8.5 Materiality and Waiver of Breach. Each requirement,duty, and obligation set forth herein
was bargained for at arm's-length and is agreed to by the Parties. Each requirement, duty, and
obligation set forth herein is substantial and important to the formation of this Agreement, and
each is, therefore, a material term hereof. County's failure to enforce any provision of this
Agreement will not be deemed a waiver of such provision or modification of this Agreement. A
waiver of any breach of a provision of this Agreement will not be deemed a waiver of
any subsequent breach and will not be construed to be a modification of the terms of this
Agreement.
8.6 Compliance with Laws. City shall complywith all applicable federal,state,and local laws,
codes,ordinances,rules,and regulations in performing its duties,responsibilities,and obligations
pursuant to this Agreement.
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8.7 Severability. If a portion of this Agreement is found to be unenforceable by any court of $
competent jurisdiction,that part will be deemed severed from this Agreement and the balance of
this Agreement will remain in full force and effect.
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8.8 Joint Preparation. This Agreement has been jointly prepared by the Parties hereto,and will t
not be construed more strictly against either Party.
8.9 Interpretation. The headings contained in this Agreement are for reference purposes only
and do not affect in any way the meaning or interpretation of this Agreement. All personal
pronouns used in this Agreement include the other gender, and the singular includes the plural,
and vice versa, unless the context otherwise requires. Terms such as "herein," "hereof,"
"hereunder," and "hereinafter," refer to this Agreement as a whole and not to any particular
sentence, paragraph, or section where they appear, unless the context otherwise requires.
Whenever reference is made to a Section or Article of this Agreement, such reference is to i
the Section or Article as a whole, including all of the subsections of such Section, unless the 1
reference is made to a particular subsection or subparagraph of such Section or Article.
8.10 Priori1y of Provisions. If there is a conflict or inconsistency between any term, statement,
requirement, or provision of any exhibit attached hereto or referenced or incorporated herein and
any provision of Articles 1 through 8 of this Agreement,the provisions contained in Articles I
through 8 will prevail and be given effect.
8.11 Law, Jurisdiction, Venue. Waiver of Jury Trial. This Agreement will be interpreted and
construed in accordance with and governed by the laws of the state of Florida. The Parties agree i
that the exclusive venue for litigation arising from,related to,or in connection with this Agreement
will be in the state courts of the Seventeenth Judicial Circuit in and for Broward County,Florida.
If any claim arising from, related to, or in connection with this Agreement must be litigated in
federal court,the Parties agree that the exclusive venue for such lawsuit will be in the United States
District Court or United States Bankruptcy Court for the Southern District of Florida. BY
ENTERING INTO THIS AGREEMENT, CITY AND COUNTY HEREBY EXPRESSLY
WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY f
CIVIL LITIGATION RELATED TO THIS AGREEMENT. IF A PARTY FAILS TO
WITHDRAW A REQUEST FOR A JURY TRIAL IN A LAWSUIT ARISING OUT OF
THIS AGREEMENT AFTER WRITTEN NOTICE BY THE OTHER PARTY OF
VIOLATION OF THIS SECTION,THE PARTY MAKING THE REQUEST FOR JURY
TRIAL SHALL BE LIABLE FOR THE REASONABLE ATTORNEYS' FEES AND
COSTS OF THE OTHER PARTY IN CONTESTING THE REQUEST FOR JURY TRIAL, j
AND SUCH AMOUNTS WILL BE AWARDED BY THE COURT IN f
ADJUDICATING THE MOTION.
8.12 Amendments. No modification, amendment, or alteration in the terms or conditions
contained herein will be effective unless contained in a written document prepared with the same
or similar formality as this Agreement and executed by the Board and City or others delegated
authority or otherwise authorized to execute same on their behalf.
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8.13 Prior Agreements. This Agreement represents the final and complete understanding of the
Parties regarding the subject matter hereof and supersedes all prior negotiations and discussions
regarding that subject matter. There is no commitment,agreement,or understanding concerning
the subject matter of this Agreement that is not contained in this written document.
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8.14 Incorporation by Reference.Any and all Recital clauses stated above are true and correct
and are incorporated by reference. The attached Exhibits A, B,and C are incorporated into and
made a part of this Agreement.
8.15 Representation of Authority. Each individual executing this Agreement on behalf of a
party hereto hereby represents and warrants that he or she is, on the date he or she signs this
Agreement,duly authorized by all necessary and appropriate action to execute this Agreement on
behalf of such party and does so with full legal authority.
8.16 CounWarts and Multiple Originals. This Agreement may be executed in multiple
originals,and may be executed in counterparts,each of which shall be deemed to be an original,
but all of which,taken together,shall constitute one and the same agreement.
8.17 Nondiscrimination. No party to this Agreement may discriminate on the basis of race,
color, sex, religion national origin, disability, a e marital status age, , political affiliation, sexual
orientation,pregnancy,or gender identity and expression in the performance of this Agreement.
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[THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK]
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IN WITNESS WHEREOF, the Parties hereto have made and executed this Agreement:
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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_per day of Q 1, u 5'20le
and City of Dania Beach,signing by and through its 9t 0_ 'Tr , duly authorized to
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execute same. I
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COUNTY
ATTG T: Broward County,by and through
its Board of County CommissigBers
J Jet.
Br ward County dmin stra as By
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Ex-Offreio Clerk of the Broward County Mayor
Board of County Commissioners
4 day of tr tt 5 r' 20 Jd >
Approved as to form by
Andrew J.Meyers
Broward County Attorney
Governmental Center,Suite 423
115 South Andrews Avenue
Insurance requirements Fort Lauderdale, Florida 33301
approved by Broward County Telephone: (954)357-7600
Risk Management Division Telecopier: (954)357-7641
By Cliff By 43011
Signature (Date) ea , oore Date)
Ast ounty Attorney
Nktu'n &W A
Print Name and Title above 6�
Ange F.Benjami (Date)
Senior Assistant County Attorney
HCED-IlIumination(City installs and maintains)
>>;;11115i!lity��`
CREATen
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CITY
ATTEST: City of Dania Beach
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By
Municipal Clerk ayot-
Thomas Schneider Tamara James
(Print or Type Name)
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,Z day of (,�l ,20-
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nicipal Manager
ge�ISH ti Robert Baldwin
(Print or Type Name)
APPROVEPTO ASM:
By
M n Thomas Ansbro
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LICENSEE:City of Dania Beach
Subject:Illumination Agreement
SCOPE OF IMPROVEMENTS:
This Illumination Agreement authorizes the installation of proposed lighting for Bryan Road to be
constructed on the west side of Bryan Road beginning just North of Stirling Road and continuing
north for approximately 2,900 feet. The proposed lighting is designed to replace the existing 1
lighting arms attached to the existing utility poles which will be removed during construction.The
lighting system must substantially conform to the Standard Specifications for Highway Lighting
established by the Florida Department of Transportation.A full size set of plans are on file with
the Broward County Highway Construction and Engineering Division under Project Reference
Number 171016001.
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INSURANCE REQUIREMENTS
EXHIBIT C I
Project:Traifrewav Illumination Agreement I
Agency:Hlehwer Coasfruction and EneioeerlmQ Division {
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TYPE OF DYSURANCE GBPL ,S= MRVIMIIM LIABIIdTY LIMITS
Him 3
Each Occurrence Aggregate
GENERAL LIABILTII' - Broad form 0 0 Bodily Injuryt
0 Commercial General Liabili
ty
0 Premises-0perations Property Damage
0 XCU Explosion/Collapse/Underground
0 Products/Completed Operations Hazard Combined Bodily Injury and Property SI,000,000 52,000,600
0 Contractual Insurance Damage
0 Broad Form Property Damage
0 Independent Contractors Personal Injury
0 Personal Injury
Per Occurrence or Clalms-Made: Products&Completed Operations
0 Per Occurrence o Claims-Made
Gen'I Aggregate Limit Applies per: e
o Project a Policy o Loc. a Other
AUTO LIABILITY 0 0 0 Comprehensive Form Bodily Injury(each person)
0 Owned 0 Hired Bodily Injury(each accident)
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0 Non-owned Property Damage
0 Any Auto,Uapplicable
Note:May be waived ifno driving will be done In Combined s
Bodily Injuryand Property Y S1,00,000
performance ofserleeVproject.
Damage
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O EXCESS LIABILITY/UMBRELLA 0 0
Per Occurrence or Claims-Made:
0 Per Occurrence o Claims-Made
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Note:May be used to supplement minimum liability
coverage requirements.
0 WORKER'S COMPENSATION N/A 0 Each Accident STATUTORY LIMITS
Note: U.S.Longshoremen&Harbor Workers'Act&
Jones Act is required for any activities on or about E
navigable water.
0 EMPLOYER'S LIABILITY Each Accident S500,000
❑PROFESSIONAL LIABILITY(ERRORS& N/A 0 If claims-made form:
OMISSIONS)
All engineering,surveying and design professionals. Extended Reporting Period of
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"Maximum Deductible:
❑Installation floater is required if Builder's Risk or +Maximum Deductible(Wind and/or Not to exceed 5%of completed Completed
Property are not carried. Flood): value Value
Note:Coverage must be"All Risk",Completed Yalue.
'Maximum Deductible: s10 k
Description of Operations:"Broward County"and City shall be listed as Certificate Bolder and endorsed as an additional insured for liability,except as to Professional
Liability. County shall be provided 30 days written notice of cancellation,10 days'notice of cancellation for non-payment.Contractors insurance shall provide primary
coverage and shall not require contribution from the County,self-insurance or otherwise. Any self-insured retention(SIR)higher than the amount permitted in this
Agreement must be declared to and approved by County and may require proof of financial ability to meet losses,Contractor is responsible for all coverage deductibles
unless otherwise specified in the agreement
CERTIFICA')'E HOLDER:
Broward County
I l5 South Andrews Avenue �yu twU
Fort Lauderdale,Florida 33301 "
Risk Management Division
10.00CY nRE MITI
11•BYPASS METER
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