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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