HomeMy WebLinkAboutCity of Tamarac Resolution R-2004-020Temp Reso #10322 -- January 6, 2004
Revision No. 1 — January 28, 2004
Page 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2004- r20
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF TAMARAC, FLORIDA,
AUTHORIZING THE EXECUTION OF THE
"INSTALLATION OF REQUIRED
IMPROVEMENTS AGREEMENT" BETWEEN
BROWARD COUNTY, MICHAEL A. SPERANZA,
TRUSTEE OF THE MICHAEL A. SPERANZA, SR.
TRUST, AND THE CITY OF TAMARAC FOR
REQUIRED IMPROVEMENTS RELATING TO
THE "COMROCK PLAT" LOCATED ON THE
WEST SIDE OF ROCK ISLAND ROAD
APPROXIMATELY 579 FEET NORTH OF
COMMERCIAL BOULEVARD (CASE NO. 2-AP-
04); PROVIDING FOR CONFLICTS; PROVIDING
FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, a Plat Request was granted on October 26, 1977 by the Broward
County Board of County Commissioners to plat a property to be known as "Comrock Plat",
described as Tract"A" of the "Comrock Plat", according to the Plat thereof as recorded in
Plat Book 95, Page 47 of the Public Records of Broward County, Florida; and
WHEREAS, the Broward County Code of Ordinances requires that the regional
transportation network be adequate to serve the reasonably projected needs of proposed
developments; and
WHEREAS, the parties desire to enter into the "Installation of Required
Improvements Agreement" (attached hereto as Exhibit 1") to amend the property areas
within the map and/or the required improvements as described in Exhibit "B" of Exhibit "1"
relating to "Comrock Plat"; and
Temp Reso #10322 — January 6, 2004
Revision No. 1 — January 28, 2004
Page 2
WHEREAS, pursuant to the Agreement, the City of Tamarac agrees to not issue a
Certificate of Occupancy for any development within "Comrock Plat" until written
confirmation has been received from Broward County indicating the required payment for
the agreed upon improvements has been received; and
WHEREAS, the Director of Community Development recommends approval; and
WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in
the best interests of the citizens and residents of the City of Tamarac to authorize the
execution of the "Installation of Required Improvements Agreement" between Broward
County, Michael A. Speranza, Trustee of the Michael A. Speranza, Sr. Trust, and the City
of Tamarac for required improvements relating to the "Comrock Plat" located on the west
side of Rock Island Road approximately 579 feet north of Commercial Boulevard.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA:
SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and
confirmed as being true and correct and are hereby made a specific part of this Resolution.
SECTION 2: That the appropriate City Officials are hereby authorized to
execute the "Installation of Required Improvements Agreement" (attached hereto as Exhibit
1 ") between Broward County, Michael A. Speranza, Trustee of the Michael A. Speranza,
Sr. Trust, and the City of Tamarac for required improvements relating to the "Comrock
Plat".
J
r_j
Temp Reso #10322 — January 6, 2004
Revision No. 1 — January 28, 2004
Page 3
SECTION 3: All resolutions or parts of resolutions in conflict herewith are
hereby repealed to the extent of such conflict.
SECTION 4: If any clause, section, other part or application of this Resolution
is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or
application, it shall not affect the validity of the remaining portions or applications of this
Resolution.
SECTION 5: This Resolution shall become effective immediately upon its
passage and adoption.
PASSED, ADOPTED AND APPROVED this 111" day of February, 2004.
JOE SCHREIBER
MAYOR
ATTEST:
MARION SWENSON, CIVIC
CITY CLERK
I HEREBY CERTIFY that
I have approved this
RESOLUTION as to form.
MITCHELL S. K T
CITY ATTOR E
com and ev\u:\pats\u serda to\wpdata\res\10322reso
RECORD OF COMMISSION VOTE:
MAYOR SCHREIBER a4e,
DIST 1: COMM. PORTNER
DIST 2: COMM. FLANSBAUM-TALABI 0
DIST 3: COMM. SULTANOF
DIST 4: VIM ROBERTS ,le
EXHIBIT 111" TEMP RESO #10322
Return recorded copy to:
Broward County Engineering Division
1 North University Drive, Suite 300B
Plantation, FL 33324-2038
Document prepared by:
Michael A. Speranza
5123 White Oak Lane
Tamarac, FL 33319
INSTALLATION OF REQUIRED IMPROVEMENTS AGREEMENT
This is an Agreement, made and entered into by and between: BROWARD
COUNTY, a political subdivision of the state of Florida, hereinafter referred to as
"COUNTY, "
ITAIV1k
MICHAEL A. S^ERANZA, Trustee of the *
assigns, hereinafter referred to as "DEVELOPER,"
*MICHAEL A. SPERANZA, SR. TRUST
its successors and
[AND IF THE PROPERTY IS LOCATED WITHIN A MUNICIPALITY]
The City of TAMARAc , a municipal corporation, created and
existing under the laws of the State of Florida, its successors and assigns, hereinafter
referred to as "CITY."
WHEREAS, DEVELOPER'S Project, known as COMROCK PLAT
Development Management Division File NoPF 95 .47 , hereinafter referred to as
the "Project," a legal description of which is attached hereto as Exhibit "A" and made a part
hereof;" and
WHEREAS, the Project was approved by the Board of County Commissioners of
Broward County on January , 2003, subject to certain conditions to ensure
the protection of the public health and safety, and one of the conditions imposed at the
time of approval was the construction of certain road improvements; and
WHEREAS, the parties desire to enter into this agreement to provide for the
construction, funding and security for the required improvements as described in Exhibit
"B" attached hereto and made a part hereof; NOW THEREFORE,
IN CONSIDERATION of the mutual terms, conditions, promises, and payments
hereinafter set forth, th parties agree as follows:
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01/01/02 1
The above recitals and representations are true and correct and are incorporated
herein.
2. INSTALLATION OF REQUIRED IMPROVEMENTS.
(a) DEVELOPER agrees to and shall construct the improvements described in
the attached Exhibit "B," hereinafter referred to as the "Improvements." Said
Improvements shall be constructed in accordance with the schedule set out
in Exhibit "B."
(b) The Improvements described in Exhibit "B" shall be installed in accordance
with applicable COUNTY, CITY, or State of Florida, Department of
Transportation standards and specifications and in accordance with the
Development Review Report for the Project. The construction plans for the
Improvements, including pavement marking and signing plans, shall be
submitted to COUNTY for review. The construction plans for the
Improvements must be approved by the COUNTY prior to the
commencement of construction. Construction shall be subject to inspection
and approval by COUNTY. Pavement marking and signing shall be provided
for all of the Improvements and shall be subject to review, field inspections
and final approval by the Broward County Traffic Engineering Division, which
Improvements shall be consistent with the previously approved plans.
(c) If property is located within a municipality, CITY agrees not to issue building
permits for construction of a principal building within the Project until such
time as DEVELOPER provides CITY with written confirmation from COUNTY
that engineering plans for the required improvement have been approved by
the Broward County Engineering Division and that DEVELOPER has
complied with paragraph 4.of this Agreement. If the property is located
within the unincorporated area, the COUNTY shall not issue building permits
for construction of a principal building within the Project until such time as
the DEVELOPER has complied with paragraph 4. of this Agreement.
(d) If property is located within a municipality, CITY agrees not to issue any
certificates of occupancy within the Project prior to completion of the
"Improvements" according to the schedule set forth in Exhibit "B." If the
property is located within the unincorporated area, the COUNTY shall not
issue any certificates of occupancy within the Project prior to completion of
the "Improvements" according to the schedule set forth in Exhibit "B."
(e) DEVELOPER agrees to notify COUNTY of acceptance of Improvements by
permitting authority if such permitting authority is other than the COUNTY.
CAF#450
01 /01 /02 2
3. DEVELOPER understands and agrees that it is DEVELOPER'S responsibility to
complete the Improvements described in Exhibit "B" and that all costs relating to the
installation of the Improvements will be borne by the DEVELOPER.
4. SECURITY AND DEFAULT.
PLEASE CHECK THE APPROPRIATE SECTION BELOW
[ ] (a) Lien.
(1) A lien is hereby imposed by the COUNTY against the real property
identified in Exhibit "A" in the amount of
Dollars ($ ).
Such lien shall secure the construction of the "Improvements"
identified in Exhibit "B" attached hereto. Such lien shall exist until
fully paid, discharged, released, or barred by law. The lien created
by this Agreement shall be superior to and shall have priority over
any mortgage on the real property described in Exhibit "A." The
DEVELOPER shall cause this Agreement to be executed by the
holder of any such mortgage, which execution shall constitute the
mortgagee's consent to such subordination.
(2) Prior to the DEVELOPER obtaining a building permit for construction
of any portion of the Project which, according to the schedule set forth
in Exhibit "B," requires the installation of the "Improvements", or a
portion thereof, DEVELOPER shall provide a form of security
acceptable to the COUNTY in the form of a letter of credit, surety
bond, or other acceptable security in the amount of
---------------------------------------------- Dollars
($______ in substitution of the lien imposed hereby, and
the COUNTY shall cause to be executed and recorded in the Official
Records of Broward County a release or satisfaction of the lien upon
the property described in Exhibit "A."
(3) DEVELOPER may elect to provide security for any individual phase
as listed in Exhibit "B," in order to release a portion of the lien
imposed on the Project for the individual phase. In that event,
DEVELOPER shall submit a cost estimate prepared by a Registered
Engineer for the "Improvements" required in such phase. Upon
acceptance by the COUNTY of the cost estimate, and payment by
DEVELOPER of any applicable fee, that portion of the Project shall
be released from the lien imposed and the total amount of the lien
shall be reduced by the approved amount.
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01 /01 /02 3
(4) In the event DEVELOPER fails to construct the "Improvements"
according to the terms and conditions of this Agreement, COUNTY
may recover such sums from DEVELOPER as are necessary in order
to cause the construction of the "Improvements" that are outstanding.
Such sums, plus costs and attorney's fees, may be recovered by
COUNTY against the DEVELOPER through a civil action, or may be
recovered by action as provided by the applicable security. In the
event that DEVELOPER fails to construct an improvement secured by
lien created hereunder, such lien may be foreclosed or otherwise
enforced by the COUNTY by action or suit in equity as for the
foreclosure of a mortgage on real property.
(6) DEVELOPER shall ensure that the substitute security remains valid
and in full force and effect until DEVELOPER'S improvement
obligations are fully performed. Expiration of the security prior to
DEVELOPER'S performance of such obligation, or notice to COUNTY
that the security will expire or has been canceled or disaffirmed prior
to DEVELOPER'S satisfaction of all obligations hereunder, shall
constitute a default of this Agreement.
(7) In the event the letter of credit, surety bond or other form of security
provided to COUNTY, as described above, expires, is canceled, or is
disaffirmed, COUNTY shall send notice to DEVELOPER, according
to the notice provisions of this Agreement, and DEVELOPER shall
have one (1) month from the date of such notice to provide substitute
security in a form acceptable to COUNTY. If DEVELOPER fails to
provide acceptable substitute security, COUNTY may record a
document entitled "Notice of Lien for Installation of Required
Improvements" which shall constitute a lien on the property described
in Exhibit "A" for the amount due hereunder, until fully paid,
discharged, released or barred by law. To the extent that the failed
security is attributable to an identified parcel or portion of the Project,
the Notice of Lien for Required Improvements may be recorded
against and apply only to such parcel or portion of the Project.
[ ] (b) Surety Bond or Letter of Credit.
(1) Prior to the DEVELOPER recording the plat or any agreements which
were conditions of approval for the Project, the DEVELOPER shall
provide the COUNTY with security such as a surety bond or
irrevocable letter of credit, which is acceptable to the COUNTY and
which guarantees the DEVELOPER'S performance of the
CAF#450
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construction obligations set forth in this Agreement in the total amount
of$-----------------
(2) If the DEVELOPER obtains certificates of occupancy prior to
completion of the applicable Improvements, contrary to the schedule
set forth in Exhibit "B," the DEVELOPER shall be in default of this
Agreement. In the event the DEVELOPER defaults under the terms
of this Agreement, COUNTY shall be entitled to draw against the
security for the amount set out in paragraph 4.(b)(1), plus costs as set
forth herein. If COUNTY draws against the security and the amount
recovered is less than the amount necessary to construct the
Improvements, COUNTY may maintain an action against
DEVELOPER in a court of competent jurisdiction for the difference
between any sums obtained and the amount due, plus costs and
interest accrued from the due date at the rate of 12 percent per
annum.
(4) DEVELOPER shall ensure that the security remains valid and in full
force and effect until DEVELOPER'S road improvement obligation is
fully performed. Expiration of the security prior to DEVELOPER'S
performance of such obligation, or notice to COUNTY that the
security will expire or has been canceled or disaffirmed prior to
DEVELOPER'S satisfaction of all obligations hereunder, shall
constitute a default of this Agreement.
(5) In the event the security expires, is canceled or is disaffirmed,
COUNTY shall send notice to DEVELOPER according to the notice
provisions of this Agreement and DEVELOPER shall have one (1)
month from the date of such notice to provide substitute security in a
form acceptable to COUNTY. If DEVELOPER fails to provide
acceptable substitute security, COUNTY may record a document
entitled "Notice of Lien for Required Offsite Improvements" which
shall constitute a lien on the property described in Exhibit "A" for the
amount set forth in paragraph 4.(b)(1), or stated portion thereof. To
the extent that the failed security is attributable to an identified parcel
or portion of the Project, the Notice of Lien for Required Offsite
Improvements may be recorded against and apply only to such parcel
or portion of the Project.
[ ] (c) Cash Bond.
(1) The Improvements identified in Exhibit "B" shall be secured by cash,
or check (cashier's, certified, or registered), or money order issued by
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01/01/02 5
Wa,6h.tngton Matuaf Bank (financial
institution), in the amount oflorL11een thou,5and live hund17,ed loua�
Dollars ($ 14,514_ryn ), payable to the Broward County Board of
County Commissioners. The DEVELOPER may at its option, later
provide to the COUNTY a surety bond or letter of credit acceptable
to COUNTY, in like amount, that shall be substituted for the cash,
check, or money order. If the DEVELOPER provides a surety bond
or letter of credit the provisions of subsection 4(b) above shall apply.
(2) The estimated costs of the Improvements are
FOURTEEN THOUSAND FIVE HUNDRED FOURTEEN-- Dollars
($ 14, 514.00
(3) Upon completion of the Improvements, and acceptance by the
applicable unit of local government, the DEVELOPER shall notify the
Broward County Engineering Division of such completion and
acceptance. Upon a determination by the Engineering Division that
the Improvements have been installed, constructed, completed, and
accepted, and following the completion of DEVELOPER'S one (1)
year maintenance obligations if the Improvements are made to a
County road, the COUNTY shall have ninety(90) days to remit
louat.een thouaand live hunched Eu2?"en Dollars
14, 5 f%. 00 ) to the DEVELOPER, provided that the COUNTY
has not already effected a remittance to the DEVELOPER because
of the earlier substitution of a surety bond or letter of credit.
5. Upon the completion of one or more of the road Improvements specified in Exhibit
"B," the DEVELOPER may request a partial release of security from the COUNTY.
The DEVELOPER shall submit a sealed certification by a Registered Engineer of
the work completed, and a cost estimate of the remaining roadway Improvements
to be completed based upon the current approved County unit prices. Upon
acceptance by the COUNTY of said certification and cost estimate, and payment
by the DEVELOPER of any applicable fee, the COUNTY shall release that portion
of the security, if any, which is in excess of the cost of the remaining road
Improvements. Final release of the full security is subject to the standard COUNTY
maintenance period of one (1) year from the date of completion of all of the
Improvements specified on Exhibit "B," for roadways subject to COUNTY permit
jurisdiction. Prior to release of any security held by the COUNTY for Improvements
which are under the permit jurisdiction of other governmental agencies, the
DEVELOPER shall submit documentation from the permit agency officially
accepting the Improvements and consenting to the release of security.
6. DEVELOPER agrees that the construction contract(s) for the Improvements shall:
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(a) Indemnify, hold harmless and, at County Attorney's option, defend or pay for
an attorney selected by County Attorney to defend COUNTY, its officers
agents, servants, and employees against any and all claims, losses,
liabilities, and expenditures of any kind, including attorney fees, court costs,
and expenses, caused by negligent act or omission of contractor or
subcontractor, its employees, agents, servants, or officers, or accruing,
resulting from, or related to the subject matter of this Agreement including,
without limitation, any and all claims, demands, or causes of action of any
nature whatsoever resulting from injuries or damages sustained by any
person or property. The provisions of this section shall survive the
expiration or earlier termination of this Agreement. To the extent considered
necessary by Director of the Broward County Engineering Division and
County Attorney, any sums due DEVELOPER under this Agreement may be
retained by COUNTY until all of COUNTY's claims for indemnification
pursuant to this Agreement have been settled or otherwise resolved; and
any amountwithheld shall not be subject to payment of interest by COUNTY.
(b) In order to insure the indemnification obligation contained above,
CONTRACTOR shall, as a minimum, provide, pay for, and maintain in force
at all times during the term of this Agreement (unless otherwise provided),
the insurance coverages set forth below, in accordance with the terms and
conditions required by this section.
(c) Such policy or policies shall be without any deductible amount and shall be
issued by United States Treasury approved companies authorized to do
business in the state of Florida, and having agents upon whom service of
process may be made in Broward County, Florida. CONTRACTOR shall
specifically protect COUNTY and the Broward County Board of County Com-
missioners by naming COUNTY and the Broward County Board of County
Commissioners as additional insureds.
(d) Comprehensive General Liability Insurance. A Comprehensive General
Liability Insurance Policy with minimum limits of Five Hundred Thousand
Dollars ($500,000.00) per occurrence combined single limit for Bodily Injury
Liability and Property Damage Liability. Coverage must be afforded on a
form no more restrictive than the latest edition of the Comprehensive
General Liability Policy, without restrictive endorsements, as filed by the
Insurance Services Office, and must include:
Premises and/or operations.
Independent contractors.
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01 /01 /02 7
Products and/or completed operations for contracts.
Broad Form Contractual Coverage applicable to this specific contract,
including any hold harmless and/or indemnification agreement.
Personal Injury Coverage with Employee and Contractual Exclusions
removed, with minimum limits of coverage equal to those required for Bodily
Injury Liability and Property Damage Liability.
Underground coverages.
(e) Business Automobile Liability Insurance. Business Automobile Liability
Insurance with minimum limits of Three Hundred Thousand Dollars
($300,000.00) peroccurrence, combined single limitfor Bodily Injury Liability
and Property Damage Liability. Coverage must be afforded on a form no
more restrictive than the latest edition of the Business Automobile Liability
Policy, without restrictive endorsements, as filed by the Insurance Services
Office, and must include:
Owned vehicles.
Hired and non -owned vehicles.
Employers' non -ownership.
(f) Workers' Compensation Insurance. Workers' Compensation insurance to
apply for all employees in compliance with the "Workers' Compensation
Law" of the State of Florida and all applicable federal laws. In addition, the
policy(ies) must include:
Employers' Liability with a limit of One Hundred Thousand Dollars
($100,000.00) each accident.
(g) CONTRACTOR shall furnish to the Broward County Engineering Division
Certificates of Insurance or endorsements evidencing the insurance
coverages specified by this Article prior to beginning performance of work
under this Agreement. The required Certificates of Insurance shall name the
types of policies provided, refer specifically to this Agreement, and state that
such insurance is as required by this Agreement.
(h) Coverage is not to cease and is to remain in force (subject to cancellation
notice) until all performance required of DEVELOPER is completed. All
CAF#450
01/01/02 8
policies must b endorsed to provide COUNTY with at least thirty (30) days'
notice of cancellation and/or restriction. If any of the insurance coverages
will expire prior to the completion of the work, copies of renewal policies
shall be furnished at least thirty (30) days' prior to the date of their
expiration.
7. COUNTY agrees that this Agreement satisfies the requirements of the Broward
County Land Development Code, that developers install all required Improvements
prior to issuance of a development order or enter into an agreement to provide for
installation of the required Improvements within a reasonable period of time or
before issuance of building permits or certificates of occupancy, as required by the
County Commission. Upon official acceptance of the Improvements by the
applicable road construction permitting agency, the local government may issue
certificates of occupancy,:for parcels or portions of the Project according to the
schedule set forth in Exhibit "B."
8. NOTICE. Whenever any. of the parties desire to give notice to the other, such
notice must be in writing, sent by U.S. Mail, postage prepaid, addressed to the party
for whom it is intended at the place last specified; the place for giving of notice shall
remain such until it is changed by written notice in compliance with the provisions
of this paragraph. For the present, the parties designate -the following' as the
respective places for givirjg notice:
For the COUNTY:
Director of the Broward County Engineering Division
1 North University Drive, Suite 300B
Plantation, FL 33324-2038
CITY
City Manager
City of Tamarac
7525 N.W. 88th Avenue
Tamarac,. FL 33321
With a Copy to the City Attorney at the same address.
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01 /01102 9
For the DEVELOPER:
MICHAEL A. SPERANZA, Trustee of the
MICHAEL A. SPERANZA, SR. TRUST
5123 White Oak Lane
Tamarac, FL 33319
9. RELEASE. When all of the obligations attributable to a specific Phase of the
Project, as set forth in Exhibit "B," or all of the obligations under this Agreement are
fully paid and performed, at the request of the Developer or its successor and upon
payment of any applicable fees, COUNTY shall cause a Partial Release to be
recorded in the Official Records of Broward County, Florida evidencing such
performance. To the extent that the obligations set forth herein are divisible and
attributable to a specific parcel or portion of the Project, COUNTY may grant a
partial release of this agreement for a specific parcel or portion of the Project for
which this road impact obligation has been satisfied.
10. RECORDATION. DEVELOPER agrees that this Agreement shall be recorded in
the Official Records of Broward County, Florida, against the property described in
Exhibit "A" to put subsequent purchasers, grantees, heirs, successors and assigns
of any interest in such property on notice of the obligations set forth herein, which
shall run with the property until fully performed. However, the amount set forth in
paragraph 4.(b)(1) above shall not constitute a lien on the property unless and until
the provisions of paragraph 4.(b)(5) are activated by the recording of a "Notice of
Lien for Required Offsite Improvements."
10. VENUE; CHOICE OF LAW. Any controversies or legal issues arising out of this
Agreement and any action involving the enforcement or interpretation of any rights
hereunder shall be submitted to the jurisdiction of the State Courts of the
Seventeenth Judicial Circuit of Broward County, Florida, the venue sitis, and shall
be governed by the laws of the State of Florida.
11. CHANGES TO FORM AGREEMENT. DEVELOPER represents and warrants that
there have been no amendments or revisions whatsoever to the form Agreement
without the prior written consent of the County Attorney's Office. Any unapproved
changes shall be deemed a default of this Agreement and of no legal effect.
12. CAPTIONS AND PARAGRAPH HEADINGS. Captions and paragraph headings
contained in this Agreement are for convenience and reference only and in no way
define, describe, extend or limit the scope or intent of this Agreement, nor the intent
of any provisions hereof.
CAF#450
01 /01 /02 10
13. NO WAIVER. No waiver of any provision of this Agreement shall be effective
unless it is in writing, signed by the party against whom it is asserted, and any such
written waiver shall only be applicable to the specific instance to which it relates
and shall not be deemed to be a continuing or future waiver.
14. EXHIBITS. All Exhibits attached hereto contain additional terms of this Agreement
and are incorporated herein by reference. Typewritten or handwritten provisions
inserted in this Agreement or attached hereto shall control all printed provisions in
conflict therewith.
15. FURTHER ASSURANCES. The parties hereby agree to execute, acknowledge and
deliver and cause to be done, executed, acknowledged and delivered all further
assurances and to perform such acts as shall reasonably be requested of them in
order to carry out this Agreement.
16. ASSIGNMENT AND ASSUMPTION. DEVELOPER may assign all or any portion
of its obligations pursuant to this Agreement to a grantee of the fee title to all or any
portion of the property described in Exhibit "A." DEVELOPER agrees that any
assignment shall contain a provision which clearly states that such assignment is
subject to the obligations of this Agreement.
17. AMENDMENTS. No modification, amendment, or alteration in the terms or
conditions contained herein shall be effective unless contained in a written
document prepared with the same or similar formality as this Agreement and
executed by the COUNTY and DEVELOPER.
[THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK]
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01101 /02 11
IN WITNESS WHEREOF, the parties hereto have made and executed this
Agreement on the respective dates under each signature; BROWARD COUNTY through
its BOARD OF COUNTY COMMISSIONERS, signing by and through its Chair and Vice
Chair, authorized to execute same by Board action on the 7th day of
January 20q�and Michael A. S ,through its duly authorized
representative to execute same and the CITY, signing by and through its
, duly authorized to execute same.
ATTEST:
COUNTY
BROWARD COUNTY, through its
BOARD OF COUNTY COMMISSIONERS
w
County Administrator and Ex-
Officio Clerk of the Board of
County Commissioners of day of
Broward County, Florida
Chair
cl
Approved as to form by
Office of County Attorney
Broward County, Florida
Governmental Center, Suite 423
115 South Andrews Avenue
Fort Lauderdale, Florida 33301
Telephone: (954) 357-7600
Telecopier: (954) 357-6968
Z
Assistant County Attorney
day of , 20
CAF#450
01 /01 /02 12
DEVELOPER -INDIVIDUAL
Witnesses: MICHAEL A. SPERANZA, Trustee of the
MICHAEL A. SPERANZA, SR., TRUST
(Signature) f Name of Developer (Individual)
Print name
( ignature)
(Signature) Print name:MICHAEL A. SPERANZA
Print name: r: lei I1 -?;»d,-- Print address: 5123 White oak Lane
Tamarac, FL 33319
23rdday of December , 2003
ACKNOWLEDGMENT: INDIVIDUAL
STATE OF FLORIDA )
) SS
COUNTY OF BROWARD )
The foregoing instrument was acknowledged before me this
2003 by MICHAEL A. SPERANZA
personally known to me, or
[ ]produced identification. Type of identification produced
(Seal)
My commission expires:
NOT RY PUBLIC:
tint n me:
23 day of December
who is
KIMBERLY .A. BROWNE
V.
U!Y C(iMA,-lr�
r
CAF#450
01/01/02 13
DEVELOPER-CORPORATION/PARTNERSHIP
Witnesses (if partnership):
(Signature)
Print name:
(Signature)
Print name:
ATTEST (if corporation):
(Secretary Signature)
Print Name of Secretary:
Name of Developer (corporation/partnership)
By
(Signature)
Print name:
Title:
Address:
day of
(CORPORATE SEAL)
ACKNOWLEDGMENT: CORPORATION/PARTNERSHIP
STATE OF )
) SS
COUNTY OF )
120,
The foregoing instrument was acknowledged before me this day of
20_ by I as
of a
corporation/partnership, on behalf of the corporation/partnership. He or she is:
[ ]personally known to me, or
[ ]produced identification. Type of identification produced
(Seal)
My commission expires:
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01/01/02 14
NOTARY PUBLIC:
Print name:
MORTGAGEE -INDIVIDUAL
Mortgagee, being the holder of a mortgage relating to the parcel(s) described in Exhibit
"A" hereby consents and joins in for the purpose of agreeing that its mortgage shall be
subordinated to the foregoing Agreement.
Witnesses:
(Signature)
Print name:
(Signature)
Print name:
ACKNOWLEDGMENT - INDIVIDUAL
STATE OF )
)SS'
COUNTY OF )
Name of Mortgagee (Individual)
(Signature)
Print name:_
Print address:
day of
20
The foregoing instrument was acknowledged before me this
20._._., by
[ ]personally known to me, or
[ ]produced identification. Type of identification produced
NOTARY PUBLIC:
(Seal)
Print name:
My commission expires:
GAF#450
01 /01 /02 15
_ day of
who is
MORTGAGEE-CORPORATION/PARTNERSHIP
Mortgagee, being the holder of a mortgage relating to the parcel(s) described in Exhibit
"A" hereby consents and joins in for the purpose of agreeing that its mortgage shall be
subordinated to the foregoing Agreement.
Witnesses (if partnership):
(Signature)
Print name:
(Signature)
Print name:
ATTEST (if corporation):
(Secretary Signature)
Print Name of Secretary:
Name of Mortgagee (corporation/partnership)
By
(Signature)
Print name:
Title:
Address:
day of , 20_
(CORPORATE SEAL)
ACKNOWLEDGMENT - CORPORATION/PARTNERSHIP
STATE OF )
) SS.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
20_, by , as of
, a corporation/partnership, on behalf
of the corporation/ partnership. He or she is:
[ ]personally known to me, or
[ ]produced identification. Type of identification produced
(Seal)
My commission expires:
CAF#450
01 /01 /02 16
NOTARY PUBLIC:
Print name:
CITY
(If Property is located within a City)
ATTEST: J
City Clerk
CAF#450
01/01/02
CITYof
By
mayor -Commissioner
'.
Mayor -Commissioner
day of , 20 D 1
ty thnager
1 day of20 d V
APPROVE VA�s FrM:io
City A ney
17..
EXHIBIT "A"
LAND DESCRIPTION
CAF#450
01/01/02 18 �..� ......:
lrc =11 . S era Trustee aff the jf!c aeC _ Spetaqza, Seniar7ru,st
Legllk Tr"t uW � a� Comrock
according to Me Pat Mere of, as recorded
in Plat Oocrk35, at page 47, of the, ft6�ic
Records of �BrawarfCaunty, Amid.a.
EXHIBIT "B"
LIST OF IMPROVEMENTS AND SCHEDULE
Road Improvement
/Recon,6taucLion o/ P-e�pt
conduit I eiccat.ion.
CAF#450
01/01/02
Completion Date
/'uo2 to C.O.
19
SKETCH AND LEGAL DESCREMON
BY
2405 N.W. 81ST AVENUE
SUNRISE, FLORIDA, 33322
PHONE (954) 578-3386 FAX (954)578-3387
CERTIFICATE OF AUTHORIZATION #LB7086 EMAIL: KERILANDSURVEYING@YAHOO.COM
EXISTING CONDITION
EXHIBIT 11B"
LEGAL DESCRIPTION
24
TRACT "A" OF "COMROCK' ACCORDING TO THE PLAT THEREOF
AS RECORDED IN PLAT BOOK 95 AT PAGE 47 OF THE PUBLIC
RECORD5 OF BROWARD COUNTY, FLORIDA.
25 '
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1) THIS SKETCH DOES NOT REPRESENT A FIELD SURVEY.
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2) BEARING5 SHOWN HEREON ARE BASED ON THE NORTH
NOMM10T570-$TWcr
LINE OF TRACT "A" BEING 5 89' 10'5 1" E.
31
LOCATION SKETCH
NOT TC SCALE
TRACT 1E 'FORT LAUCE'DALE TRUCK FARMS'
PLAT BOOK 4. PAGt 3 1 (A5 PER PLAT)
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CLIENTS SPERANZA MIKE
PROJECT NO,. 03860--A
DATE: DECEMBER 8 2003
TRACT "A" ROCK ISLAND RD.
SKETCH AND LEGAL DESCRIPTION
HY
U E LAND BURVZYGENO,M 14�
2405 N.W. 81ST AVENUE
SUNRISE, FLORIDA, 33322
PHONE (954) 578.3386 FAX (954)578-3387
CERTIFICATE OF AUTHORIZATION #LB7086 E:MAIL: KERILANDSURVEYING@YAHOO.COM
PROPOSED CONDITION
LEGAL DESCRIFTION EXHIBIT "C"
TRACT "A" OF "COMROCK" ACCORDING TO THE PLAT THEREOF
AS RECORDED IN PLAT BOOK 95 AT PAGE 47 OF THE PUBLIC
24
RECORDS OF BROWARD COUNTY, FLORIDA.
LEGAL DESCRIFTION: NON —VEHICULAR ACCESS LINE
xs
A PORTION OF TRACT "A" OF "COMROCK' ACCORDING TO THE
I
PLAT THEREOF A5 RECORDED IN PLAT BOOK 95 AT PAGE 47
1 zc I
OF THE PUBLIC REOCRD5 OF BROWARD COUNTY, FLORIDA.
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BEING MORE PARTICULARY DESCRIBED AS FOLLOWS:
I
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BEGIN AT THE SOUTHEAST CORNER OF SAID TRACT 11NI
T5AW
THENCE RUN NORTH 00° 14'03" WEST ALONG THE EAST LINE
OF SAID TRACT "A" FOR A DISTANCE OF 140.03 FEET TO THE
POINT OF TERMINATION; SAID POINT BEING 60 FEET SOUTH OF
THE NORTHEAST CORNER OF SAID TRACT "A".
LOCATION SKETCH
NOT TO 5CALE
NOTES-
1) TH15 SKETCH DOES NOT REPRESENT A FIELD SURVEY.
2) BEARINGS SHOWN HEREON ARE BA5ED ON THE NORTH
LINE OF TRACT "A" BEING 5 89010'51" E.
TRACT 1d'FORT LAUDERDALE TRUCK
FARMS'
PLAT HOOK 4. PAGE 31 (A5 PER PLAT)
8 99'10V E 244.04'
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:::—� 5[GNATURETWW
Z--zl-&:�'
JAY KERI
PR RVEYOR AND MAPPER NO. 5721
STATE OF FLORIDA
CLIENT. SPERANZA MIKE
PROJECT NO.- 03860-B
DATE' DECEMBER 8 2003
TRACT W ROCK ISLAND RD
TAMARAC FLORIDA 33319
CALE: 1"-60'
FILE. SPERANZA MIK
Return recorded copy to:
Broward County Engineering Division
1 North University Drive, Suite 300B
Plantation, FL 33324-2038
Document prepared by:
Michael A. Speranza
5123 White Oak Lane
Tamarac, FL 33319
INSTR # 103795198
OR BK 37034 Pages 1243 - 1258
RECORDED 03/09/04 15:16:52
BROWARD COUNTY COMMISSION
DEPUTY CLERK 2000
#2, 16 Pages
INSTALLATION OF REQUIRED IMPROVEMENTS AGREEMENT
This is an Agreement, made and entered into by and between: BROWARD
COUNTY, a political subdivision of the state of Florida, hereinafter referred to as
"COUNTY, "
AND
MICHAEL A. SPERAN7A, Trustee of the * its successors and
assigns, hereinafter referred to as "DEVELOPER,"
*MICHAEL A. SPERANZA, SR. TRUST
[AND IF THE PROPERTY IS LOCATED WITHIN A MUNICIPALITY]
The City of TAMARAC , a municipal corporation, created and
existing under the laws of the State of Florida, its successors and assigns, hereinafter
referred to as "CITY."
WHEREAS, DEVELOPER'S Project, known as COMROCx PLAT ,
Development Management Division File NOPB 95, pa • 47 , hereinafter referred to as
the "Project," a legal description of which is attached hereto as Exhibit "A" and made a part
hereof;" and
WHEREAS, the Project was approved by the Board of County Commissioners of
Broward County on January 7 , 20033, subject to certain conditions to ensure
the protection of the public health and safety, and one of the conditions imposed at the
time of approval was the construction of certain road improvements; and
WHEREAS, the parties desire to enter into this agreement to provide for the
construction, funding and security for the required improvements as described in Exhibit
"B" attached hereto and made a part hereof; NOW THEREFORE,
IN CONSIDERATION of the mutual terms, conditions, promises, and payments
hereinafter set forth, th parties agree as follows:
CAF#450'
01/01/02 1 �
Subm, tEeo By
RETURN `TC DOICUMENT ^ 1"f° P0 1_; `E�
The above recitals and representations are true and correct and are incorporated
herein.
2. INSTALLATION OF REQUIRED IMPROVEMENTS.
(a) DEVELOPER agrees to and shall construct the improvements described in
the attached Exhibit "B," hereinafter referred to as the "Improvements." Said
Improvements shall be constructed in accordance with the schedule set out
in Exhibit "B."
(b) The Improvements described in Exhibit "B" shall be installed in accordance
with applicable COUNTY, CITY, or State of Florida, Department of
Transportation standards and specifications and in accordance with the
Development Review Report for the Project. The construction plans for the
Improvements, including pavement marking and signing plans, shall be
submitted to COUNTY for review. The construction plans for the
Improvements must be approved by the COUNTY prior to the
commencement of construction. Construction shall be subject to inspection
and approval by COUNTY. Pavement marking and signing shall be provided
for all of the Improvements and shall be subject to review, field inspections
and final approval by the Broward County Traffic Engineering Division, which
Improvements shall be consistent with the previously approved plans.
(c) If property is located within a municipality, CITY agrees not to issue building
permits for construction of a principal building within the Project until such
time as DEVELOPER provides CITYwith written confirmation from COUNTY
that engineering plans for the required improvement have been approved by
the Broward County Engineering Division and that DEVELOPER has
complied with paragraph 4.of this Agreement. If the property is located
within the unincorporated area, the COUNTY shall not issue building permits
for construction of a principal building within the Project until such time as
the DEVELOPER has complied with paragraph 4. of this Agreement.
(d) If property is located within a municipality, CITY agrees not to issue any
certificates of occupancy within the Project prior to completion of the
"Improvements" according to the schedule set forth in Exhibit "B." If the
property is located within the unincorporated area, the COUNTY shall not
issue any certificates of occupancy within the Project prior to completion of
the "Improvements" according to the schedule set forth in Exhibit "B."
(e) DEVELOPER agrees to notify COUNTY of acceptance of Improvements by
permitting authority if such permitting authority is other than the COUNTY.
CAF#450
01 /01 /02 2
3. DEVELOPER understands and agrees that it is DEVELOPER'S responsibility to
complete the Improvements described in Exhibit "B" and that all costs relating to the
installation of the Improvements will be borne by the DEVELOPER.
4. SECURITY AND DEFAULT.
PLEASE CHECK THE APPROPRIATE SECTION BELOW
[ ] (a) Lien.
(1) A lien is hereby imposed by the COUNTY against the real property
identified in Exhibit "A" in the amount of
Dollars ($ ).
Such lien shall secure the construction of the "Improvements"
identified in Exhibit "B" attached hereto. Such lien shall exist until
fully paid, discharged, released, or barred by law. The lien created
by this Agreement shall be superior to and shall have priority over
any mortgage on the real property described in Exhibit "A." The
DEVELOPER shall cause this Agreement to be executed by the
holder of any such mortgage, which execution shall constitute the
mortgagee's consent to such subordination.
(2) Prior to the DEVELOPER obtaining a building permit for construction
of any portion of the Project which, according to the schedule set forth
in Exhibit "B," requires the installation of the "Improvements", or a
portion thereof, DEVELOPER shall provide a form of security
acceptable to the COUNTY in the form of a letter of credit, surety
bond, or other acceptable security in the amount of
------------------------------------------ Dollars
in substitution of the lien imposed hereby, and
the COUNTY shall cause to be executed and recorded in the Official
Records of Broward County a release or satisfaction of the lien upon
the property described in Exhibit "A."
(3) DEVELOPER may elect to provide security for any individual phase
as listed in Exhibit "B," in order to release a portion of the lien
imposed on the Project for the individual phase. In that event,
DEVELOPER shall submit a cost estimate prepared by a Registered
Engineer for the "Improvements" required in such phase. Upon
acceptance by the COUNTY of the cost estimate, and payment by
DEVELOPER of any applicable fee, that portion of the Project shall
be released from the lien imposed and the total amount of the lien
shall be reduced by the approved amount.
CAF#450
01 /01 /02 3
(4) In the event DEVELOPER fails to construct the "Improvements"
according to the terms and conditions of this Agreement, COUNTY
may recover such sums from DEVELOPER as are necessary in order
to cause the construction of the "Improvements" that are outstanding.
Such sums, plus costs and attorney's fees, may be recovered by
COUNTY against the DEVELOPER through a civil action, or may be
recovered by action as provided by the applicable security. In the
event that DEVELOPER fails to construct an improvement secured by
lien created hereunder, such lien may be foreclosed or otherwise
enforced by the COUNTY by action or suit in equity as for the
foreclosure of a mortgage on real property.
(6) DEVELOPER shall ensure that the substitute security remains valid
and in full force and effect until DEVELOPER'S improvement
obligations are fully performed. Expiration of the security prior to
DEVELOPER'S performance of such obligation, or notice to COUNTY
that the security will expire or has been canceled or disaffirmed prior
to DEVELOPER'S satisfaction of all obligations hereunder, shall
constitute a default of this Agreement.
(7) In the event the letter of credit, surety bond or other form of security
provided to COUNTY, as described above, expires, is canceled, or is
disaffirmed, COUNTY shall send notice to DEVELOPER, according
to the notice provisions of this Agreement, and DEVELOPER shall
have one (1) month from the date of such notice to provide substitute
security in a form acceptable to COUNTY. If DEVELOPER fails to
provide acceptable substitute security, COUNTY may record a
document entitled "Notice of Lien for Installation of Required
Improvements" which shall constitute a lien on the property described
in Exhibit "A" for the amount due hereunder, until fully paid,
discharged, released or barred by law. To the extent that the failed
security is attributable to an identified parcel or portion of the Project,
the Notice of Lien for Required Improvements may be recorded
against and apply only to such parcel or portion of the Project.
[ ] (b) Surety Bond or Letter of Credit.
CAF#450
01 /01 /02
(1) Priorto the DEVELOPER recording the plat or any agreements which
were conditions of approval for the Project, the DEVELOPER shall
provide the COUNTY with security such as a surety bond or
irrevocable letter of credit, which is acceptable to the COUNTY and
which guarantees the DEVELOPER'S performance of the
4 y
construction obligations set forth in this Agreement in the total amount
of $___
(2) If the DEVELOPER obtains certificates of occupancy prior to
completion of the applicable Improvements, contrary to the schedule
set forth in Exhibit "B," the DEVELOPER shall be in default of this
Agreement. In the event the DEVELOPER defaults under the terms
of this Agreement, COUNTY shall be entitled to draw against the
security for the amount set out in paragraph 4.(b)(1), plus costs as set
forth herein. If COUNTY draws against the security and the amount
recovered is less than the amount necessary to construct the
Improvements, COUNTY may maintain an action against
DEVELOPER in a court of competent jurisdiction for the difference
between any sums obtained and the amount due, plus costs and
interest accrued from the due date at the rate of 12 percent per
annum.
(4) DEVELOPER shall ensure that the security remains valid and in full
force and effect until DEVELOPER'S road improvement obligation is
fully performed. Expiration of the security prior to DEVELOPER'S
performance of such obligation, or notice to COUNTY that the
security will expire or has been canceled or disaffirmed prior to
DEVELOPER'S satisfaction of all obligations hereunder, shall
constitute a default of this Agreement.
(5) In the event the security expires, is canceled or is disaffirmed,
COUNTY shall send notice to DEVELOPER according to the notice
provisions of this Agreement and DEVELOPER shall have one (1)
month from the date of such notice to provide substitute security in a
form acceptable to COUNTY. If DEVELOPER fails to provide
acceptable substitute security, COUNTY may record a document
entitled "Notice of Lien for Required Offsite Improvements" which
shall constitute a lien on the property described in Exhibit "A" for the
amount set forth in paragraph 4.(b)(1), or stated portion thereof. To
the extent that the failed security is attributable to an identified parcel
or portion of the Project, the Notice of Lien for Required Offsite
Improvements may be recorded against and apply only to such parcel
or portion of the Project.
[�► (c) Cash Bond.
(1) The Improvements identified in Exhibit "B" shall be secured by cash,
or check (cashier's, certified, or registered), or money order issued by
CAF#450
01/01/02 5
Oazhtn.gton l'lu.tuai BanA (financial
institution), in the amount oflouRt�� you and ,? ve fund2ed /ouAteen
Dollars ($ 14.514 _ nn ), payable to the Broward County Board of
County Commissioners. The DEVELOPER may at its option, later
provide to the COUNTY a surety bond or letter of credit acceptable
to COUNTY, in like amount, that shall be substituted for the cash,
check, or money order. If the DEVELOPER provides a surety bond
or letter of credit the provisions of subsection 4(b) above shall apply.
(2) The estimated costs of the Improvements are
FOURTEEN THOUSAND FIVE HUNDRED FOURTEEN-- Dollars
($ 14, 514.00 )
(3) Upon completion of the Improvements, and acceptance by the
applicable unit of local government, the DEVELOPER shall notify the
Broward County Engineering Division of such completion and
acceptance. Upon a determination by the Engineering Division that
the Improvements have been installed, constructed, completed, and
accepted, and following the completion of DEVELOPER'S one (1)
year maintenance obligations if the Improvements are made to a
County road, the COUNTY shall have ninety (90) days to remit
/ou/ teen .thou,3and live hund2ed )CbuV een Dollars
to the DEVELOPER, provided that the COUNTY
has not already effected a remittance to the DEVELOPER because
of the earlier substitution of a surety bond or letter of credit.
5. Upon the completion of one or more of the road Improvements specified in Exhibit
"B," the DEVELOPER may request a partial release of security from the COUNTY.
The DEVELOPER shall submit a sealed certification by a Registered Engineer of
the work completed, and a cost estimate of the remaining roadway Improvements
to be completed based upon the current approved County unit prices. Upon
acceptance by the COUNTY of said certification and cost estimate, and payment
by the DEVELOPER of any applicable fee, the COUNTY shall release that portion
of the security, if any, which is in excess of the cost of the remaining road
Improvements. Final release of the full security is subject to the standard COUNTY
maintenance period of one (1) year from the date of completion of all of the
Improvements specified on Exhibit "B," for roadways subject to COUNTY permit
jurisdiction. Prior to release of any security held by the COUNTY for Improvements
which are under the permit jurisdiction of other governmental agencies, the
DEVELOPER shall submit documentation from the permit agency officially
accepting the Improvements and consenting to the release of security.
6. DEVELOPER agrees that the construction contract(s) for the Improvements shall:
CAF#450
01 /01 /02 6
(a) Indemnify, hold harmless and, at County Attorney's option, defend or pay for
an attorney selected by County Attorney to defend COUNTY, its officers
agents, servants, and employees against any and all claims, losses,
liabilities, and expenditures of any kind, including attorney fees, court costs,
and expenses, caused by negligent act or omission of contractor or
subcontractor, its employees, agents, servants, or officers, or accruing,
resulting from, or related to the subject matter of this Agreement including,
without limitation, any and all claims, demands, or causes of action of any
nature whatsoever resulting from injuries or damages sustained by any
person or property. The provisions of this section shall survive the
expiration or earlier termination of this Agreement. To the extent considered
necessary by Director of the Broward County Engineering Division and
County Attorney, any sums due DEVELOPER under this Agreement may be
retained by COUNTY until all of COUNTY's claims for indemnification
pursuant to this Agreement have been settled or otherwise resolved; and
any amount withheld shall not be subject to payment of interest by COUNTY.
(b) In order to insure the indemnification obligation contained above,
CONTRACTOR shall, as a minimum, provide, pay for, and maintain in force
at all times during the term of this Agreement (unless otherwise provided),
the insurance coverages set forth below, in accordance with the terms and
conditions required by this section.
(c) Such policy or policies shall be without any deductible amount and shall be
issued by United States Treasury approved companies authorized to do
business in the state of Florida, and having agents upon whom service of
process may be made in Broward County, Florida. CONTRACTOR shall
specifically protect COUNTY and the Broward County Board of County Com-
missioners by naming COUNTY and the Broward County Board of County
Commissioners as additional insureds.
(d) Comprehensive General Liability Insurance. A Comprehensive General
Liability Insurance Policy with minimum limits of Five Hundred Thousand
Dollars ($500,000.00) per occurrence combined single limit for Bodily Injury
Liability and Property Damage Liability. Coverage must be afforded on a
form no more restrictive than the latest edition of the Comprehensive
General Liability Policy, without restrictive endorsements, as filed by the
Insurance Services Office, and must include:
Premises and/or operations.
Independent contractors.
CAF#450
01 /01 /02 7
Products and/or completed operations for contracts.
Broad Form Contractual Coverage applicable to this specific contract,
including any hold harmless and/or indemnification agreement.
Personal Injury Coverage with Employee and Contractual Exclusions
removed, with minimum limits of coverage equal to those required for Bodily
Injury Liability and Property Damage Liability.
Underground coverages.
(e) Business Automobile Liability Insurance. Business Automobile Liability
Insurance with minimum limits of Three Hundred Thousand Dollars
($300,000.00) peroccurrence, combined single limit for Bodily Injury Liability
and Property Damage Liability. Coverage must be afforded on a form no
more restrictive than the latest edition of the Business Automobile Liability
Policy, without restrictive endorsements, as filed by the Insurance Services
Office, and must include:
Owned vehicles.
Hired and non -owned vehicles.
Employers' non -ownership.
(f) Workers' Compensation Insurance. Workers' Compensation insurance to
apply for all employees in compliance with the "Workers' Compensation
Law" of the State of Florida and all applicable federal laws. In addition, the
policy(ies) must include:
Employers' Liability with a limit of One Hundred Thousand Dollars
($100,000.00) each accident.
(g) CONTRACTOR shall furnish to the Broward County Engineering Division
Certificates of Insurance or endorsements evidencing the insurance
coverages specified by this Article prior to beginning performance of work
under this Agreement. The required Certificates of Insurance shall name the
types of policies provided, refer specifically to this Agreement, and state that
such insurance is as required by this Agreement.
(h) Coverage is not to cease and is to remain in force (subject to cancellation
notice) until all performance required of DEVELOPER is completed. All
CAF#450
01/01/02 8
policies must b endorsed to provide COUNTY with at least thirty (30) days'
notice of cancellation and/or restriction. If any of the insurance coverages
will expire prior to the completion of the work, copies of renewal policies
shall be furnished at least thirty (30) days' prior to the date of their
expiration.
7. COUNTY agrees that this Agreement satisfies the requirements of the Broward
County Land Development Code, that developers install all required Improvements
prior to issuance of a development order or enter into an agreement to provide for
installation of the required Improvements within a reasonable period of time or
before issuance of building permits or certificates of occupancy, as required by the
County Commission.'. Upon official acceptance of the Improvements by the
applicable road construction permitting agency, the local government may issue
certificates of occupancy, for parcels or portions of the Project according to the
schedule set forth in Exhibit "B."
8. NOTICE. Whenever any.of the parties desire to give notice to the other, such
notice must be in writing, sent by U.S. Mail, postage prepaid, addressed to the party
for whom it is intended at the place last specified; the place forgiving of notice shall
remain such until it is changed by written notice in compliance with the provisions
of this paragraph. For the present, the parties designate *the following' as the
respective places for givirtg notice:
For the COUNTY:
Director of the Broward County Engineering Division
1 North University Drive, Suite 300B
Plantation, FL 33324-2038
CITY
City Manager
City of Tamarac
7525 N.W. 88th Avenue
Tamarac,•FL 33321
With a Copy to the City Attorney at the same address.
CAF#450
01/01/02 9
For the DEVELOPER:
MICHAEL A. SPERANZA, Trustee of the
MICHAEL A. SPERANZA, SR. TRUST
5123 White Oak Lane
Tamarac, FL 33319
9. RELEASE. When all of the obligations attributable to a specific Phase of the
Project, as set forth in Exhibit "B," or all of the obligations under this Agreement are
fully paid and performed, at the request of the Developer or its successor and upon
payment of any applicable fees, COUNTY shall cause a Partial Release to be
recorded in the Official Records of Broward County, Florida evidencing such
performance. To the extent that the obligations set forth herein are divisible and
attributable to a specific parcel or portion of the Project, COUNTY may grant a
partial release of this agreement for a specific parcel or portion of the Project for
which this road impact obligation has been satisfied.
10. RECORDATION. DEVELOPER agrees that this Agreement shall be recorded in
the Official Records of Broward County, Florida, against the property described in
Exhibit "A" to put subsequent purchasers, grantees, heirs, successors and assigns
of any interest in such property on notice of the obligations set forth herein, which
shall run with the property until fully performed. However, the amount set forth in
paragraph 4.(b)(1) above shall not constitute a lien on the property unless and until
the provisions of paragraph 4.(b)(5) are activated by the recording of a "Notice of
Lien for Required Offsite Improvements."
10. VENUE: CHOICE OF LAW. Any controversies or legal issues arising out of this
Agreement and any action involving the enforcement or interpretation of any rights
hereunder shall be submitted to the jurisdiction of the State Courts of the
Seventeenth Judicial Circuit of Broward County, Florida, the venue sitis, and shall
be governed by the laws of the State of Florida.
11. CHANGES TO FORM AGREEMENT. DEVELOPER represents and warrants that
there have been no amendments or revisions whatsoever to the form Agreement
without the prior written consent of the County Attorney's Office. Any unapproved
changes shall be deemed a default of this Agreement and of no legal effect.
12. CAPTIONS AND PARAGRAPH HEADINGS. Captions and paragraph headings
contained in this Agreement are for convenience and reference only and in no way
define, describe, extend or limit the scope or intent of this Agreement, nor the intent
of any provisions hereof.
CAF#450
01 /01 /02 10
13. NO WAIVER. No waiver of any provision of this Agreement shall be effective
unless it is in writing, signed by the party against whom it is asserted, and any such
written waiver shall only be applicable to the specific instance to which it relates
and shall not be deemed to be a continuing or future waiver.
14. EXHIBITS. All Exhibits attached hereto contain additional terms of this Agreement
and are incorporated herein by reference. Typewritten or handwritten provisions
inserted in this Agreement or attached hereto shall control all printed provisions in
conflict therewith.
15. FURTHER ASSURANCES. The parties hereby agree to execute, acknowledge and
deliver and cause to be done, executed, acknowledged and delivered all further
assurances and to perform such acts as shall reasonably be requested of them in
order to carry out this Agreement.
16. ASSIGNMENT AND ASSUMPTION. DEVELOPER may assign all or any portion
of its obligations pursuant to this Agreement to a grantee of the fee title to all or any
portion of the property described in Exhibit "A." DEVELOPER agrees that any
assignment shall contain a provision which clearly states that such assignment is
subject to the obligations of this Agreement.
17. AMENDMENTS. No modification, amendment, or alteration in the terms or
conditions contained herein shall be effective unless contained in a written
document prepared with the same or similar formality as this Agreement and
executed by the COUNTY and DEVELOPER.
[THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK]
CAF#450
01 /01 /02 11
IN WITNESS WHEREOF, the parties hereto have made and executed this
Agreement on the respective dates under each signature; BROWARD COUNTY through
its BOARD OF COUNTY COMMISSIONERS, signing by and through its'Mayaand Vice
�,yor authorized to execute same by Board action on the 7th day of
,,,January 2003 and Michael A. Speranza , through its duly authorized
representative to execute same and the CITY, signing by and through its
_ Moor duly authorized to execute same.
COUNTY
ATTEST:
County Administrator, anlflZ .�
Officio Clerk of the Boar - ,k '<
County Commissioners
Broward County, Flori`��
79pa�T }" M
CAF#450
01/01/02
BROWARD COUNTY, through its
BOARD QF COUNTY CQMMISSIONERS
day of20P-
pproved as to form by
ffice of County Attorney
roward County, Florida
Governmental Center, Suite 423
115 South Andrews Avenue
Fort Lauderdale, Florida 33301
Telephone: (954) 357-7600
Telecopier: (954) 357-6968
ByVd,-A.-c11
Assistant County Attorney
a7 day of 20 QeA
12
DEVELOPER -INDIVIDUAL
Witnesses: MICHAEL A. SPERANZA, Trustee of the
MICHAEL A. SPERANZA, SR., TRUST
(Signature) Name of Developer (Individual)
Print name` .
(ignature)
(Signature) Print name:MICHAEL A. SPERANZA
Print name: o r: ,�rlL- ;ff<`� Print address: 5123 White Oak Lane
Tamarac, FL 33319
23rdday of December , 2003
ACKNOWLEDGMENT: INDIVIDUAL
STATE OF FLORIDA )
) SS
COUNTY OF BROWARD )
The foregoing instrument was acknowledged before me this 233
2003 by MICHAEL A. SPERANZA
personally known to me, or
[ produced identification. Type of identification produced
(Seal)
My commission expires:
CAF#450
01/01/02 13
NOT RY PUBLIC:
rint n e:
KIMBERLY A. BROWNE
i MY CGMMISSi * # DD 058EC4
W:A3, EY,PIRES� Gctober 7.2005
-TA-IY . NNtary Service
day of December
who is
CITY
(If Property is located within a City)
WITNESSES:
ATTEST:
J)L,oll
City Clerk
CAF#450
01 /01 /02
CITY of
B r
Y
Mayor -Commissioner
!Z day of ►�- , 20 Q
�cT1 gy
s1'4 ty 146nager
1d day of `"i'uL , 20 UV
APPROV
By �j I L/b
City A ey
I
_ I+
WzcFcaeEA. SpetagZ Tzustee o,�the MicfL-A-.Spee'au=4 Senior Trust
Legak���t "W" a�Canarack
acccrrcfing. to tFie T&t, tFere cr�; as recorded
in Plat Oaak,#S, at page 47, of the, ft��c
Records of cArauardEauuty, Tfaa.
- 15-
EXHIBIT B
Improvement
Reconstruction of the existing northbound
left turn lane on Rock Island Road at the
60 foot opening.
Signal Conduit Relocation
Paverthent Markings_and Signs
Completion Date
Prior to C/O
Prior to C/O
Prior to C/O
—>G _
STATE OF FLORIDA )
SS
COUNTY OF FLORIDA )
I, ROGER J. DESJARLAIS, County Administrator, in and for Broward
County, Florida, and Ex-Officio Clerk of the Board of County Commissioners of said
County, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy
of Installation of Required Improvements Agreement between Broward County and
Michael A. Speranza, Trustee of the Michael A. Speranza, Sr. Trust, known as
COMROCK PLAT from Item 76 as the same appears of record in the minutes of said
Board of County Commissioners meeting held on the 7th day of January 2003.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal
this 11th day of March 2004.
"P,.
By
Deputy Clerk
(SEAL)