HomeMy WebLinkAboutCity of Tamarac Resolution R-2003-140Temp Reso #10169 -- June 11, 2003
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CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2003- 140
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF TAMARAC, FLORIDA,
AUTHORIZING THE APPROPRIATE CITY
OFFICIALS TO APPROVE AND EXECUTE AN
AGREEMENT ENTITLED, "INSTALLATION OF
REQUIRED IMPROVEMENTS AGREEMENT"
BETWEEN BROWARD COUNTY AND THE CITY
OF TAMARAC AND JAMES C. BRADY (AS TO
AN UNDIVIDED 2/3 INTEREST IN PARCEL "C"),
RICHARD G. COKER, JR. (AS TO AN
UNDIVIDED 1/3 INTEREST IN PARCEL "C")
AND SAFEGUARD PROPERTIES, LLC (AS TO
PARCELS "A" AND "B") A LOUISIANA LIMITED
LIABILITY COMPANY, FOR ROAD
IMPROVEMENTS RELATING TO THE
"FOUNTAINS CORPORATE CENTER PLAT"
LOCATED AT WEST COMMERCIAL
BOULEVARD EAST OF NW 63RD AVENUE
(CASE NO. 2-AP-03); PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, a Delegation Request to amend the notes on the "Fountains Corporate
Center Plat" (attached hereto as Exhibit 1 ") was approved by the City Commission of the
City of Tamarac on August 22, 2001; and
WHEREAS, the Board of County Commissioners of Broward County approved the
aforementioned Delegation Request on November 6, 2001, subject to conditions to ensure
protection of public health and safety as related to construction of certain road
improvements; and
WHEREAS, the parties desiring to enter into the subject Agreement (attached
Temp Reso #10169 —June 11, 2003
Page 2
hereto as Exhibit "2") shall comply with all conditions as related to construction of certain
road improvements as noted in said Agreement; and
WHEREAS, the Director of Community Development recommends approval; and
WHEREAS, the Planning Board recommended approval on June 4, 2003; 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
appropriate City Officials to approve and execute an agreement entitled, "Installation of
Required Improvements Agreement" between Broward County and the City of Tamarac,
James C. Brady (as to an undivided 2/3 interest in Parcel "C), Richard G. Coker, Jr. (as to
an undivided 1/3 interest in Parcel "C") and Safeguard Properties, LLC (as to Parcels "A"
and "B") a Louisiana limited liability company, for road improvements relating to the
"Fountains Corporate Center Plat" located at West Commercial Boulevard east of NW 63rd
Avenue.
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 upon recommendation of the Director of Community
Development and the City Manager, the "Installation of Required Improvements
r
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1
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Temp Reso #10169 — June 11, 2003
Page 3
Agreement" between Broward County and the City of Tamarac, James C. Brady (as to an
undivided 2/3 interest in Parcel "C), Richard G. Coker, Jr. (as to an undivided 1 /3 interest
in Parcel "C) and Safeguard Properties, LLC (as to Parcels "A" and "B") a Louisiana
limited liability company, for road improvements relating to the "Fountains Corporate
Center Plat", is HEREBY APPROVED.
SECTION 3: That the appropriate City Officials are hereby authorized and
instructed to execute said "Installation of Required Improvements Agreement".
SECTION 4: All resolutions or parts of resolutions in conflict herewith are
hereby repealed to the extent of such conflict.
SECTION 5: 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 in
application, it shall not affect the validity of the remaining portions or applications of this.
Resolution.
Temp Reso #10169 — June 11, 2003
Page 4
SECTION 6: This Resolution shall become effective immediately upon its
adoption.
PASSED, ADOPTED AND APPROVED this 25th day of June, 2003.
ATTEST:
.. Lam" ��--rv�<-�G v � a � ,, y ►, ..�
MARION SWENSON, CMC
CITY CLERK
HEREBY OERTIFY that
-1 have approved this
RESOLUTION as to form.
✓,..,-, MIT-CHELL S. KRAF
CITY ATTORNEY
com and ev\u:\pats\userd ata\wpdata\res\ 10169reso
JOE SCHREIBER
' MAYOR
RECORD OF COMMISSION VOTE: /
MAYOR SCHREIBER L
DIST 1: COMM. PORTNER L
DIST 2: COMM. FLANSBAUM-TALABISCO
jukt-
DIST 3: COMM. SULTANOF
DIST 4: V/M ROBERTS .a A _
11
Broward County Department of Planning and Emvlronmental Protection EXHIBIT 'T
Development Manage owt Division
Application to Amend or Revise Level of Approved Development
INSTRUCTIONS: TEMP RES4•09,
phis form Is used to apply for amendments or revisions to the current level of development previously approved.
=or your application to be officlally accepted for processing and scheduled for a County Commission meeting,
you must complete this application In full. The owner/agent certification (on the reverse side of this form)
nust be signed and notarized with the appropriate required documentation attached. Please print legibly In Ink
w type on this applkatlon form.
PROJECT INFORMATION
/PrqedName• The Fountains Corporate Center
eCt Number 39 -ram-86 Plat Book - Page: 139/44 Of recorded)
der/Applicant: The Fountains Car orate Center Partnershi Phone;(954)-761-1404
r 501 Northeast 8th Street. Fort Lauderdale. FL 33304
Richard G. Coker. Jr.
Person: Richard G. Coker Jr. Esquire Phone; J 9 4 7 - 4 04
E.mailAddress: rgcoker@brady-coker.com
PROPOSED CHANGES
Use the space below to pprorovvide the folkrwing Information and d se describe the proposed changes you are
requesting. Be sure to induce the current level of development. (Attach additional sheet if necessary)
Current Note for entire plat:14,693 s.f._commercial and 191217 s.f, office
Proposed Note for entire plat: 84,600 s . f . self s toragc , 12,450 s . f . commercial and
19,217 s.f. office
Does the note change represent a change In Trips? Increase Decrease No Change x
Does the note change represent a major change In land Use? Yes x No
If them Is a question as to whether the note amendment represents a change in Trips, or whether It Is considered
a major change In land Use; please consult with Development Management Staff at 357-6=1.
Estimate or state the total number of on -site parking spaces to be provided. SPACES;
Number of :ends for any proposed restaurant or public assembly facility,
Including places of worship. SEATINo:
Number of students for a day care center or school. STUDENTS:
If existing buildings will remain on the property attach an additional sheet describing the use(s) and square
footage of these buildings.
Are on site wails for potable water and/ or septic tanks currently in use or proposed?
If yes, we reverse of this form for required letter from appropriate utility. Yes No
Have you contacted anyone In County Govemrmerd regarding this request? Yes._ 2 Na
If yes, indicatename(s): 'MartyBer&Ar - - - --- — --
Narrative explaining proposed changes In detail including the desired result, and justification for the request
(Attach additional sheet K )•
Plat note is being�ed to accommodate the development of a fully enclosed
and air conditioned passive storage facility.
.Please see the reverse side of this form for Required Documentation and OwnsdAgent Certiflcstion.
nwn.e� wheroe
P9 1 of 4
REQUIRED DOCUMENTATION
malar changes In I" Use and/ or increases in Trips and/ or Increases in Square Footage or Number of
riling Units, the following Items must be submkted:
Twenty-two (22) folded copies of the Plat.
Letter Of approval from the applicable mutWpality specifically stating the Weclse note language,
A current letter Is required from the appropriate utility service area stating the location of the closest
approved potable water system and/ or sanitary sewer line and the exact distance to the property If
on -site wells for potable water and/ or septic tanks are currently in use or are proposed.
A check made payable to the Broward County Board of County Commissioners for the application tee.
Please consult the Development Permit Application Fee Schedule.
decreases in Trips or no changes In Trips, the following items must be submitted:
Five (5) faded copies of the Plat,
Letter of approval from the applicable municipality specifically stating the precise note language.
A check made payable to the Broward County hoard of County ComrNsstonem for the application fee.
Please consult the Development Permit Application Fee Schedule.
........... .
rr•rnm.n r nvLn r %+cil i arrow r min
State Of Florida sty of Broward
This Is to certify that 1 am the owner/agent of the property described In this application and that all information
supplied herein Is true and correct to the !mast of my knowledge. By signing this applk adw, owner/agent
specifically agrees to allow access to the described property at reasonable times by County personnel for the
purpose of verification of Inf Id the r1agank
Signature of ownedagent:
Subscribed and sworn to before me on June 6 2001 by Richard G. Coker Jr.
I-Wshe ersonaI Y has presented
as kfon
Notary Public
Type or Print Name
Commission No.
FOR DEVELOPMENT MANAGEMENT USE ONLY
f D71IN
Other Attachrtierb (Describe):
I,.
Draft Report Date: C.C. MW Date:
0 Plats 0 City Letter O Agreements
7tle of Request
Hdribute to: 0 Planning Council 0 Comprehensive.& Neighborhood Planning
O Land Use & Permitting D School Board 0 Zoning Code Services
or, 0 Full Review
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No Text
DESIGNATION OF AGENT
FOR QUASI-JUDICIAL PROCEEDINGS
DATE: LA_ I -
CASE NO.:
IN THE MATTER OF:
ANY PERSON APPEARING ON YOUR BEHALF, IN YOUR ABSENCE, MUST BE
DESIGNATED AS YOUR AGENT ON THIS FORM OR SUCH PERSON WILL NOT BE
ENTITLED TO SPEAK AT THE QUASI-JUCIDIAL HEARING AND THE MATTER
MAY BE DETERMINED WITHOUT � THE BENEFIT OF THEIR TESTIMONY,
f C6 W L ATTEND THE QUASI-JUDICIAL
(insert n e of Agent)
HEARING TO BE HELD ON IN MY ABSENCE. IN ADDITION,
ALL
HAS MY PERMISSION TO ACT AS MY AGENT IN
MATTERS RELATING TO ANY PROCEEDINGS RELATED TO
(Address of subject property)
THIS FORM MUST BE RETURNED PRIOR TO THE QUASI-JUDICIAL HEARING.
SIGNATURE OF OWNER:
> . LATiveR
(Print Name of Owner)
STATE OF FLORIDA:
COUNTY OF BROWARD:
NAME/ADDRESS AND PHONE NO.
OF DESIGNATED AGENT:
(Print Name of Designated Agent)
Phone: 7 / _1 Fax: 26 7`
The foregoing instrument wa acknowledged before me this day of
4poesonally
2001, by i ".4 6-•Colo' i, •, owner of property, who is
known to me or has produced identification (_ )and
(type of identification)
who (did/did not) take an oath.
My Commission Expi � ;; { CARUM BARK
,., MY COMMISSION 1I CC 872641
;Z= EXPIRES: October 16, 2003
BmM 7Mv Noury Pubk Undvwrbr.
Notary Public State of Florida
(Type or print name of Notary)
EXHIBIT 112"
Return recorded copy to:
TEMP RESO #10169
Broward County Engineering Division
1 North University Drive, Suite 300B
Plantation. FL 33324-2038
Document prepared by:
Richard G. Coker, Jr., Esquire
644 Southeast 5th Avenue
Fort Lauderdale, FL 33301-3104
Telephone: (954) 761-3636
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
_JAMES C. BRADY�an undivided 2/3 in1k1_e - its successors and
assigns, hereinafter referred to as "DEVELOPER,"
[AND IF THE PROPERTY IS LOCATED WITHIN A MUNICIPALITY]
The City of _ TAr1ARAC________I 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 The Fountains Colporate Center Plat
Development Management Division File No._039_MP-86 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 - November 6__1 20 01, 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 *Parcel "C" and RICHARD G. COKER, JR. (as to an un-
01/01/02 divided 1/3 interest in Pailcel "C") and SAFEGUARD
PROPERTIES LLC (as to Parcels "A" and "B"), a
Louisiana limited liability company
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
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
[ j (a) Lien.
(1) A lien is hereby imposed by the COUNTY against the real property
identified in Exhibit "A" in the amount of
Dollars ($ J.
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.
[x] (b) Surety Bond or Letter of Credit.
CAF#450
01/01/02
(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
4� ,
construction obligations set forth in this Agreement in the total amount
Of $ 64,936.13________,
(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 -A
_ __ (financial
institution), in the amount of ____________________________
Dollars ($............ ), payable to the Broward County Board of
County Commissioners. The DEVELOPER may at its option, later
provide to the COUNTY a surety bond or letter of credit acceptable
to COUNTY, in like amount, that shall be substituted for the cash,
check, or money order. If the DEVELOPER provides a surety bond
or letter of credit the provisions of subsection 4(b) above shall apply.
(2) The estimated costs of the Improvements are
Dollars
($__ ).
(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
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 Improve ens 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
C•C :.nod, H � k'•
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 corg 1pjpd. All
;tea_.
CAF#450 ' r
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 giving notice:
For the COUNTY:
Director of the Broward County Engineering Division
1 North University Drive, Suite 300B
Plantation, FL 33324-2038
CAF#450
01 /01 /02 9
For the DEVELOPER:
_Eafq_&tyard Properties LLC
111 Veterans Boulevard, Suite 1150
-----------------
Metairie, LA 70005
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
.0a
T
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 Chair and Vice
Chair, authorized to execute same by Board action on the __ day of
-------------- 20__, and safeguard Pro erties_LLC___, through its dulyauthorized
representative to execute same and the CITY, signing by and through its
__________, duly authorized to execute same.
ATTEST:
County Administrator and Ex-
Officio Clerk of the Board of
County Commissioners of
Broward County, Florida
rr l IL
BROWARD COUNTY, through its
BOARD OF COUNTY COMMISSIONERS
QI
day of
Chair
,20
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
2
Assistant County Attorney
day of
CAF#450
01/01/02 12
,20
CITY
(If Property is located within a City)
WITNESSES: CITY of TAMARAC
ATTEST: /
City Clerk
CAF#450
01/01/02
13
By-----__
Mayor -Commissioner
day of -mac Q (P— _, 20 d 3
BY--- Y
i�ana9
day of _ _Tu 204� 3
APPROVED AS TO FORM:
;-� City Attorney
M
PHASING THE INSTALLATION OF REQUIRED ROAD IMPROVEMENTS RELATING TO
THE FOUNTAINS CORPORATE CENTER PLAT
DEVELOPER
7esses:
� .� .
SA nature
Print name
Signaju /
Print name
�vde'A�a�e--
.
Sig L,r"
Printname
Signature
Print name
STATE OF FLORIDA
SS.
COUNTY OF BROWARD
Richard G. Coker, Jr., s to an undivided 1/3
interest in Parcel "C"
Address: Coker & Feiner
644 Southeast 5th Avenue
Fort Lauderdale, FL 33301-3104
`ay of February, 2003.
Jamos C. Brady, aslo an u ivid d 2/3 interest
in Parcel "C"
Address: Brady & Associates
501 Northeast 8th Street
Fort Lauderdale, FL 33304
/ "I
day of February, 2003.
The foregoing instrument was acknowledged before me this day of
February, 2003, by RICHARD G. COKER, JR. He is:
CAF#240 14
01/21/99
PHASING THE INSTALLATION OF REQUIRED ROAD IMPROVEMENTS RELATING TO
THE FOUNTAINS CORPORATE CENTER PLAT
[personally known to me, or
[ ] produced identification. Type of identification produced
(Seal)
My commission expires:
STATE OF FLORIDA
SS.
COUNTY OF BROWARD
NOTARY PUBLIC:
-� � v n-t
Print name:
Commission No.:
C. F. JOHNSTON
MY COMMISSION # DI) 086378
EXPIRES: April 19, 2006
t NYW Thru Notary Public Underwriters
The foregoing instrument was acknowledged before me this % ~ day of
February, 2003, by JAMES C. BRADY. He is:
`}'personally known to me, or
[ ] produced identification. Type of identification produced
NOTARY PUBLIC:
(Seal)
Print name:
Commission No.:
My commission expires:
fiy'
,. ;.
AA
�yF, of OF
PATPMA K YAWAMS
MY COMMISSION 0 DD 138ti70
EXPIRES:OctobyW 1�0�NIN�, 2000
Bonded Thru Nduy PUbk wwilym
CAF#240
01 /21 /99 175
PHASING THE INSTALLATION OF REQUIRED ROAD IMPROVEMENTS
RELATING TO THE FOUNTAINS CORPORATE CENTER PLAT
DEVELOPER
Witnesses:
Signature
Pry--Id-�me�
Shure
Print Name
(CORPORATE SEAL)
STATE OF
COUNTY OF -
SS
SAFEGUARD PROPERTIES LLC, a
Louisiana limited liability company
By: Safeguard Storage Properties, LLC,
a Delaware limited liability company,
Sole Member
By: -
Cameron Denton
Chief Financial Officer
Address: 111 Veterans Boulevard
Suite 1150
Metairie, LA 70005
r
day
2003.
The foregoing instrument was acknowledged before me this J/ J day of
, 2003, by CAMERON DENTON, as Chief Financial Officer
of 9afeguardStorage Properties, LLC, a Delaware limited liability company, Sole
Member of SAFEGUARD PROPERTIES LLC, a Louisiana limited liability company, on
behalf of the company. He/she is personally known to me or d
-�— - --- identification-and-who--d+d/did--gt.take...an oath.
NOTARY PUBLIC:
(Seal)
Print name:
Commission No.:
My commission expires:
CAF#240
01i2iis9 MARSHALL G. WEAVER
_ NOTARY PUBLIC
` Parish of Orleans, State of Louisiana
. My commission is issued for Life.
16
PHASING THE INSTALLATION OF REQUIRED ROAD IMPROVEMENTS RELATING
TO THE FOUNTAINS CORPORATE CENTER PLAT
MORTGAGEE CONSENT
Witnesses:
4"V'
Signature
ILI'
i.
S gnatur
'
Print Name
BANK ONE, NA, as Administrative
Agent
By:
Z- T' Susan B. Bell, Officer
Address:
Social Security # or Federal Tax ID #
(CORPORATE SEAL)
STATE OF �GriC 5 i
� : SS.
NTY OF t�l �'�� bcS
day of
2003.
he fore oin instrument was acknowledged before me this '( day of
2003 by SUSAN BELL, as Officer of of Bank One, NA, as
A inistrative A nt, on behalf of the bank. She is:
personally known to me, or
[ j produced identification. Type of identification produced
NOTARY PUBLIC:
(Seal)
My commission expires:
CAF#240
01 /21 /99
-
Prin name:
Commission No.:
NAp� y C. C F�I.LACr';,l :1i�1 ► �
17
EXHIBIT "A"
LAND DESCRIPTION
The Fountains Corporate Center Plat, according to the Plat thereof, as recorded in Plat
Book 139, at Page 44, of the Public Records of Broward County, Florida.
CAF#450
01 /01 /02 18
EXHIBIT "B"
LIST OF IMPROVEMENTS AND SCHEDULE
Road Improvement
Westbound right -turn lane on Commercial
Boulevard at the 80-foot opening
Eastbound left -turn lane on Commercial
Boulevard at the existing median break
aligning with the 80-foot opening
Replace displaced sidewalk adjacent to
the right -turn lane
Pavement markings and signs, as required
for the above improvements
Removal of all existing driveways in
locations not consistent with approved
openings in the nonvehicular access line
and the construction of curb, gutter and
sidewalk in these openings when
necessary to complete the required
improvement
CAF#450
01 /01 /02 19
Completion Date
Prior to Issuance of CO
Prior to Issuance of CO
Prior to Issuance of CO
Prior to Issuance of CO
Prior to Issuance of CO