HomeMy WebLinkAboutCity of Tamarac Resolution R-2005-032Temp Reso #10662 — March 1, 2005
Page 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2005- 32,,,
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF TAMARAC, FLORIDA, AUTHORIZING
THE EXECUTION OF THE "REGIONAL ROAD
CONCURRENCY AGREEMENT — COUNTY
PROJECT" BETWEEN BROWARD COUNTY,
SANTA MONICA TOWNHOMES, INC. AND THE
CITY OF TAMARAC FOR ROAD CONCURRENCY
RELATING TO THE "SANTA MONICA PLAT"
LOCATED ON THE SOUTH SIDE OF SOUTHGATE
BOULEVARD, NEAR SAWGRASS EXPRESSWAY
(CASE NO. 1-AP-05); PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, at its meeting of December 22, 2004, the City Commission of the City of
Tamarac issued Development Order No. 328 and granted a Plat Request to plat a property to
be known as "Santa Monica Plat", described specifically as a parcel of land lying in Section 6,
Township 49 South, Range 41 East, Broward County, Florida, being more particularly described
as :commence at the point of intersection of the south right-of-way line of Canal C-14 of central
and Southern Florida Flood Control District and the west line of said Section 6: Thence easterly
along the said south right-of-way line of Canal C-14, 1200 feet to a point; Thence southerly
perpendicular to the last described line, 286 feet to a point of beginning of the description;
Thence continue southerly along the last described line, 435 feet to a point; Thence easterly,
perpendicular to the last described line 435 feet to a point; Thence westerly, perpendicular to
the last described line, 400 feet to the point of beginning; 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
Temp Reso #10662 — March 1, 2005
Page 2
WHEREAS, the parties desire to enter into the "Regional Road Concurrency Agreement
— County Project" (attached hereto as Exhibit 1 ") to satisfy concurrency requirements for i
areas relating to the "Santa Monica Plat"; and
WHEREAS, pursuant to the Agreement, the City of Tamarac agrees to not isque a
Certificate of Occupancy for any development within the "Santa Monica Plat" until
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; an
WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be iln the
best interests of the citizens and residents of the City of Tamarac to authorize the executlon of
the "Regional Road Concurrency Agreement — County Project" between Broward County,
Monica Townhomes, Inc. and the City of Tamarac for Road Concurrency relating to the "�anta
Monica Plat" located on the south side of Southgate Boulevard, near the Sawgrass
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE C
TAMARAC, FLORIDA:
OF
SECTION 1: The foregoing "WHEREAS" clauses are hereby ratifiedl 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
the "Regional Road Concurrency Agreement - County Project" between Broward County,
Monica Townhomes, Inc., and the City of Tamarac for Regional Road Concurrency
"Santa Monica Plat" (attached hereto as Exhibit 1")
170 E
Temp Reso #10662 — March 1, 2005
Page 3
I
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 9th day of March, 2005.
JOE SCHREIBER
MAYOR
ATTEST:
a RECORD OF COMMISSION VOTE:
MARION SWENSON, CMC MAYOR SCHREIBER 044-r,
CITY CLERK DIST 1: COMM. PORTNER I (Jfj --a
DIST 2: COMM. FLANSBAUM-TALABISC
DIST 3: V/M SULTANOF
DIST 4. COMM. ROBERTS
I HEREBY CERTIFY that J
I have approved this
RESOLUTION as to form.
MITCHELL S. KqRAF
CITY ATTORNEY
I
EXHIBIT lff
Return recorded document to:
Development Management Division
115 S. Andrews Avenue, A240
Fort Lauderdale, FL 33301
Document prepared by:
TEMP RESO #10662
REGIONAL ROAD CONCURRENCY AGREEMENT
COUNTY PROJECT
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
- SA INC. its successors and assigns,
hereinafter referred to as DEVELOPER,
[AND IF THE PROPERTY IS LOCATED WITHIN A MUNICIPAL"
The City Of !A-MARAC, a municipal corporation, created and existing under the
laws of the State of Florida, its successors and assigns, hereinafter referred to as
loci-ry.11
WHEREAS, Chapter 5, Article IX, Broward County Code of Ordinances, requires
that the regional transportation network be adequate to serve the reasonably projected
needs of proposed developments; and
WHEREAS, Chapter 5, Article IX, Broward County Code of Ordinances, more
specifically requires that an application for a development permit satisfy concurrency
requirements for impact areas; and
WHEREAS, DEVELOPER has applied for approval of or an amendment to the
Santa Monica Place Plat (-071-MP-04), hereinafter referred to as "PLAT," more
particularly described in Exhibit "A" attac�e-d hereto and made a part hereof; and
CAF#369
01/01/02
1
WHEREAS, on November 12,..2004, the Broward County Devrz
Management Division issued a Notification of Failure to Satisfy Broward
Concurrency Standards for the regional transportation network, finding I
application for approval of or amendment to the PLAT does not satisfy the imp
concurrency standards for the regional road network as stated in Section 5-16
Broward County Land Development Code ("CODE"); and
:)pment
County
iat the
ct area
I of the
WHEREAS, the COUNTY has undertaken a countywide project to install video
detection equipment at signalized intersections, hereinafter referred to as "Projec-V'; and
WHEREAS, DEVELOPER has agreed to pay to COUNTY the sum of $25,000
which is the cost of installing video detection equipment, as described in Ex I ibit 13"
attached hereto, at the intersection of Riverside Drive and Coral Springs Drive; a nd
WHEREAS, the Broward County Development Management Divisi:)n has
approved this remedial measure and finds that its concurrency requirements for the
PLAT will be met with the execution of, and Compliance with, the terms of this
Agreement by DEVELOPER; NOW, THEREFORE,
IN CONSIDERATION of the mutual terms, conditions, promises, covenants, and
payments hereinafter set forth, COUNTY and DEVELOPER agree as follows:
1 The above recitals are true and correct and are hereby incorporated hereiii.
2. CONSTRUCTION OF IMPROVEMENTS.
(a) DEVELOPER agrees to pay 125,000 which represents COUNTY's post of
the IMPROVEMENT(S) described in Exhibit "B," hereinafter referred to as
"the Improvements." DEVELOPER agrees that payment must be made
either prior to recordation of the plat or the agreement amending Me note
on the face of the plat-
(b) COUNTY and DEVELOPER agree that no security is required the
IMPROVEMENT(S), as the payment will be made prior to record or n of
the plat or the agreement amending the note on the face of the plat. tio
(c) In the event that the amount of money or any portion the
DEVELOPER has agreed to pay pursuant hereto becomes
payable as provided herein and continues unpaid for thirty (30)
more thereafter, the entire unpaid balance of such amount, plus c,
interest accrued from the due date at the rate of twelve (12) per
annum, shall become immediately due and payable.
CAF#369
01/01/02
2
the
and
3 or
and
per
(d) 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 paid and
performed. However, the amount(s) set forth above shall not constitute a
lien on the property unless and until the provisions below are activated by
the recording of a "Notice of Lien."
3. CONCURRENCY COMPLIANCE. COUNTY finds that by executing and
complying with the terms of this Agreement, DEVELOPER has satisfied the
adequacy of the Regional Roadway Network requirement of the Broward County
Land Development Code for the PLAT as approved by the COUNTY.
4. If the property is within a municipality, CITY agrees not to issue a certificate of
occupancy for any development within the PLAT until CITY receives confirmation
from COUNTY that the payment required pursuant to Section 2(a) has been
received by COUNTY.
5. 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, Development Management Division of Broward County
115 South Andrews Avenue, Room A240
Fort Lauderdale, FL 33301
Director of the Broward County Engineering Division
115 South Andrews Avenue, Room 321
Fort Lauderdale, FL 33301
CAF#369
01/01/02
3
For the DEVELOPER:
.SANTA MONICA TOWNHOMES. INC.
7975 NW 154th Street, #400
Miami Lakes, FL 33016
c/o Robert T. Briele
For the CITY:
CITY OF TAMARAC
7525 NW 88th Avenue
Tamarac, FL 33321
c/o Paige Mathes
6. RECORDATION. This Agreement shall be recorded in the Public Records of
Broward County Florida, at the DEVELOPER'S expense. The benefits and
obligations contained in this Agreement shall inure to grantees, successors,
heirs, and assigns who have an interest in the PLAT,
7. VENUE, CHOICE OF LAW. Any controversies or legal issues arising ou- of this
Agreement and any action involving the enforcement or interpretation of any
rights hereunder shall be submitted to the jurisdiction of the State Court! of the
Seventeenth Judicial Circuit of Broward County, Florida, the venue sit s, and
shall be governed by the laws of the State of Florida.
8. CHANGES TO FORM AGREEMENT. DEVELOPER represents and w3rrants
that there have been no amendme-nts or revisions whatsoever to ft form
Agreement without the prior written consent of the County Attorney's Offic a. Any
unapproved changes shall be deemed a default of this Agreement anc of no
legal effect.
9. CAPTIONS AND PARAGRAPH -tLELADINGS. Captions and paragraph headings
contained in this Agreement are for conve—nience and reference only ancl in no
way define, describe, extend or limit the scope or intent of this Agreement, nor
the intent of any provisions hereof,
10. NO WAIVER. No waiver of any provision of this Agreement shall be e
unless it is in writing, signed by the party against whom it is asserted, a
such written waiver shall only be applicable to the specific instance to v
relates and shall not be deemed to be a continuing or future waiver.
CAF#369
01/01/02
F11
any
,h it
11. EXHIBITS. All Exhibits attached hereto contain additional terms of this
Agreement and are incorporated herein by reference. Typewritten or handwritten
provisions inserted in this Agreement or attached hereto shall control all printed
provisions in conflict therewith.
12. FURTHER ASSURANCES. The parties hereby agree to execute, acknowledge
and deliver and cause to be done, executed, acknowledged and delivered all
further assurances and to perform such acts as shall reasonably be requested of
them in order to carry out this Agreement.
13. ASSIGNMENT AND ASSUMPTION. DEVELOPER may assign all or any portion
of its obligations pursuant to this Agreement to a grantee of the fee title to all or
any portion of the property described in Exhibit "A." DEVELOPER agrees that
any assignment shall contain a provision which clearly states that such
assignment is subject to the obligations of this Agreement.
14, 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 parties to this Agreement.
CAF#369
01/01/02
[THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK]
5
IN WITNESS WHEREOF, the parties hereto have made and execu
Agreement on the respective dates under each signature: , BROWARD C
through its BOARD OF COUNTY COMMISSIONERS, signing by and through it
or Vice Mayor, authorized to execute same by Board action on the
, 20_, CITY OF TAMARAC, signing by and thri
Mayor and City Manager, duly authorized to execute same, and DEVELOPER,
by and through its duly authorized to execute same.
ATTEST:
COMMISSIONERS
County Administrator and
Ex-Officio Clerk of the
Board of County Commissioners
of Broward County, Florida
CAF#369
01/01/02
A
COUNTY
ted this
DUNTY
Mayor
day of
)ugh its
signing
BROWARD COUNTY, through it
BOARD OF CtUNTY
-2
day of
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
0
Assistant County Attorney
DEVELOPER -INDIVIDUAL
Witnesses:
(Signature)
Print name.
(Signature)
Print name:
ACKNQW_LEDGMENT - INDIVIDUAL
STATE OF
)SS'
COUNTY OF
Name of Developer (Individual)
(Signature)
Print name:
Print address:
- day of
20
The foregoing instrument war, acknowledged before me this day of
- V 20—, by who is
]personally known to me, or
]produced identification. Type of identification produced
NOTARY PUBLIC:
(Seal)
MY Commission expires:
CAF#369
01/01/02
7
02/25/2005 16:32 FAX 561 882 0199 KIMLEY HORN
12/08/04 WED 16:01 FAX 19547392247 KINLEY HORN WPB
DEV&QI!ER:90BPgMTIONIPARTNER§HIP
Witnesses (if partnership):
(Signature)
alure)
name:
ATTEST (if corporation):
"i" - a,-
Q)Li J"" � ""'C' S
Name of Developer (corporation/partnersl
B
(ft. na ture)
Print name: Si A-��alc�s
Title: � f-
Address:
--04 dayof 44.Uktic
20 o.
e�' —1
................... �/ I ................. > . (CORPORATE SEAL)
(Secretary Signature) ac I ��
Print Name of Secretary: -t A kcxlk�'l M�� -
r %J
ACKNQMEDGMENT - gQReQ8&Tl0WPARTNgR3H11P
STATE OF
)SS.
COUNTY OF
The foregoing instrument was acknow)edged before me this d
20
_0a. by as
I kLvv. corporation/ps t �i - rs hi
114#60 --Vs , a -Ezr1,'iAfA
behalf of the corpor2tion/ partnership. He or she Is:
Apersonally known to me, or
[ ]produced Identification, Type of identification produced
LILLY M. ERE-7 NOTARY PUBLIC:
(Seal) DD0264W
i's 2(irtm
(SW)432-442�S4
My commission exp Print nan-4:
...................... �!M� Inc.1
CAF#WQ
01/01102
a
WJ VVZ/ VV4
S Q010
W-)c�
Of
of
an
� ii —TY
(If Property is locat6d within a City)
WITNESSES:
ATTEST:
City Clerk
CAF#369
01/01/02
CITY TAMARAC
By
f Mayor-Commisgioner
J— day of 20 01-
'City Manager
day of 206)S-
Al��VED AS TO FORM:
,3(
CityAtf6rn-K V
vz/zl/ZVV0 10:45 P'AA 56 . 1 882 0199 KINLEY HORN 10012/013
EXHIBIT OvAll
LEGAL DESCRIPTION
FILE No.587 02/25 '05 16:41 ID:CARNAHAN&PROCTUR&CROSS FAX:9549724178
A PARCEL OF LAND LYING IN �eCTIO� -6, TOWNSHIP 49 SOUTH, RANGE 41 EAST, BROW
COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE POINT OF INTERSECTION OF THE SOUTH RIGHT-OF-WAY LINE OF CA�
C-14 OF CENTRAL AND SOUTHERN FLORIDA FLOOD CONTROL DISTRICT AND THE WEST L
OF SAID SECTION 6; THENCE EASTERLY ALONG THE SAID SOUTH RIGHT-OF-WAY LINE OF
CANAL C-14,1200 FEET TO A POINT; THENCE SOUTHERLY, PERPENDICULAR TO THE LAST
DESCRIBED LINE. 286 FEET TO THE POINT OF OF -GINNING OF THIS DESCRIPTION; THENCE
CONTINUE SOUTHERLY, ALONG THE LAST DESCRIBED LINE, 435 FEET TO A POINT; THENC
EASTERLY, PERPENDICULAR TO THE LAST DESCRIBED LINE, 400 FEET TO A POINT; THEN(
NORTHERLY, PERPENDICULAR TO THE LAST DESCRIBED LINE, 435 FEET TO A POINT; THE
WESTERLY, PERPENDICULAR TO THE LAST DESCRIBED LINE, 400 FEET TO THE POINT OF
BEGINNING.
SAID LANDS SITUATE IN THE CITY OF TAMARAC, BROWARD COUNTY, FLORIDA.
PAGE 21 2
SANTA MONICA
CASE NO. I -AP-05 - TEMP RESO 10662
300 0 3DO Feet
!!!!!1I
CITY COMMISSION
March 9, 2005
Transportation Action Plan
d by: paigem
a11 CITY OF TAMARAC
J. Christopher King 7525 N.W. 88th Aye-. Tomoroc. Florida 33321-2401
Director I I Telephone; (95A) 724-1292
Community Development 11 Facsimile: 724-2453
CAF#369
01101/02
EXHIBIT "B"
IMPROVEMENTS
Prior to plat or note amendment recordation, pay $25,000 to Browa
County for the installation of video detectors for all approaches at tl
intersection of Riverside Drive and Coral Springs Drive.
11