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HomeMy WebLinkAboutCity of Tamarac Resolution R-2000-190Temp. Reso. #9062— June 20, 2000 Page 1 Revision #1 — June 30, 2000 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2000-190 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE A WATER RETENTION AGREEMENT WITH BELLEAIR DEVELOPMENT GROUP INC. AUTHORIZING BELLEAIR TO PURCHASE A CREDIT OF 0.212 ACRES OF EXCESS WATER RETENTION FROM THE CITY IN LIEU OF PROVIDING ON -SITE WATER RETENTION IN THE AMOUNT OF $9,646.00; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Tamarac has enacted Ordinance No. 79-47, as amended which requires on -site water retention for drainage purposes in the amount of five percent in the area to be developed; and WHEREAS, the City of Tamarac realizes that certain parcels may not economically be used if on -site water retention is provided and has enacted ordinance No. 80-26 which permits payment of money to the City for drainage retention in lieu of providing the required on -site retention; and WHEREAS, Belleair Development Group Inc., developer of a property located at Commercial Boulevard and NW 79 Avenue, agrees to purchase credit for 0.212 of excess water retention in lieu of providing on -site water retention in accordance with. City Code # 10-223 (b) (2); and WHEREAS, the price forthis retention is $9,646.00 payable to the City of Tamarac, which is computed at the rate of $ 45,500.00 per acre, as determined by Resolution R-91- 33; WHEREAS, a copy of the water retention agreement is attached as "Exhibit 1 "; and Temp. Reso. #9062— June 20, 2000 Page 2 Revision #1 — June 30, 2000 WHEREAS, the City owns a strip of land south of Canal C-14, north of Southgate Blvd., west of Nob Hill Rd. and east of the western city limit, identified in "Exhibit 2", where two detention cells were built in the past to accommodate water retention requests, and additional land is available to build a third cell; and WHEREAS, Based on this water retention agreement, the City will assign 0.212 acres of the third cell to Belleair Development Group Inc., and the funds generated from this agreement will be kept in the Drainage Retention Fund until there are sufficient resources to design, permit and build the new cell; and WHEREAS, it is the recommendation of the Acting City Engineer that the City execute the water retention agreement with Belleair Development Group Inc.; and WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in the best interest of the citizens and residents of the City of Tamarac to execute the water retention agreement with Belleair Development Group Inc. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA THAT: 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 upon adoption hereof. SECTION 2: The appropriate City Officials are HEREBY AUTHORIZED to execute the water retention agreement with Belleair Development Group Inc., a copy of said agreement being hereto attached as "Exhibit 1 ", for Billeair's purchase of a credit of 0.212 acres of excess water retention from the city in lieu of providing the required on -site retention. 1 1 Temp. Reso. #9062— June 20, 2000 Page 3 Revision #1 — June 30, 2000 SECTION 3: All Resolutions or parts of Resolutions in conflict herewith are HEREBY REPEALED to the extent of such conflict. SECTION 4: If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Resolution that can be given effect without the invalid provision or application, and to this end the provisions of this Resolution are declared to be severable. SECTION 5: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this 12th day of July 2000. ATTEST: MITCHELL S. KRAFT CITY ATTORNEY JOE SCHREIBER MAYOR RECORD OF COMMISSION VOTE (--kYOR SCHREIBER DIST 1: COMM. PORTNER --LV2--, DIST 2: COMM. MISHKIN DIST 3: COMM, SULTANOF DIST 4: VIM ROBERTS T/z qo&z' Aellac�gewnllmlw July 7, 2000 Linda Flurry City of Tamarac Purchasing Department 7525 NW 88th Avenue Tamarac, Florida 33321 RE: 7-Eleven — Commercial & 79`h Avenue Dear Ms. Flurry: Please find enclosed a copy of the Signature page with the seal of the Water Management Agreement for the above referenced property. Should you have any questions or comments please do not hesitate to give me a call at the office: 727-536-8686 or on my cell phone: 727-527-7251. Sincerely, © ;:O; 12360 66th St. N. • Suite H • Largo, FL 33773 • Phone (727) 536-8686 • Fax (727) 536-4356 Email: belleairdev@aol.com Temp. Reso. # 9062 Exhibit 1 WATER RETENTION AGREEMENT THIS AGREEMENT made between the CITY OF TAMARAC and BELLEAIRE DEVELOPMENT GROUP, INC., hereinafter referred to as the DEVELOPER. WITNESSETH: For and in consideration of the mutual covenants contained herein, the parties agree as follows: STATEMENT OF FACT: The CITY OF TAMARAC has enacted Ordinance No. 79-47, as amended, which requires an on -site water retention for drainage purposes in the amount of five (5%) percent of the area to be developed. Tamarac realizes that certain parcels may not economically be used if on -site water retention is provided and has enacted Ordinance No. 80-26 which permits payment of money to the City for drainage retention in lieu of providing the required on -site retention. The City has a limited amount of off -site water retention area for which the right to sell retention exists. DEVELOPER desires to purchase a portion of that excess retention. 2. DEVELOPER agrees to purchase credit for 0.212 acres of excess water retention in lieu of providing on -site water retention for the property described on Exhibit "A", and located at Commercial Boulevard and NW 79t" Avenue, in the CITY OF TAMARAC. The price for this retention is $9,646.00, which figure is computed at the rate of $45,000.00 per acre. 3. The parties acknowledge and agree that DEVELOPER is not purchasing a fee interest in real property, but merely a right to credit for land, which has been or will be excavated for water retention. 4. The credit for water retention shall not be transferred to any other property. 5. This Agreement is not intended or understood by either of the parties to be an indication of any sort of site plan approval, or the basis for any claim of vested rights. DEVELOPER understands that a pending site plan could conceivably be rejected by the City Commission. Until a site plan is approved, this Agreement merely constitutes a reservation of a portion of the limited water retention area, which the City has to sell. In the event the City Commission rejects a site plan for the property described in Exhibit "A", the City shall return the money paid for on -site drainage plus simple interest at the rate of six (6%) percent per annum to the date the money is returned. In the event DEVELOPER does not continue to process its site plan and same is not considered by the City Commission for two (2) years from the date of this Agreement, all monies paid shall be forfeited as liquidated damages for the reservation and the reservation extinguished, null and void. IN WITNESS WHEREOF, the parties have made and executed this Agreement on the respective dates under each signature. CITY OF TAMARAC, through its Mayor and Belleair Development Group, Inc., signing by and through its President, duly authorized to execute same. ATTEST: c_ Marion Swenson, CMC City Clerk Date: 7 ATTEST: (Corporate Secretary Greg Nowak Type/Print Name of Corporate Secy. (CORPORATE SEAL) CITY OF TAMARA e Schreiber, Mayor V� ate: Jeffrey IZI(Aillef7, City Manager Date: Approved as to form and legal Sufficiency: AA, �- A3 Mitchell Kraft, City Attorney Date: `+113)0 BELLEAIR DEVELOPMENT GROUP, INC. (Name of President) Carlos Yepes „ Type/Print Name of President Date: 6-30-00 CORPORATE ACKNOWLEDGEMENT STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this 6T" day of JULY, 2000 by Carlos Yepes of BELLEAIR DEVELOPMENT GROUP, INC., a Florida corporation , on behalf of the corporation. He is personally known to me and has produced a Florida Driver License Y-120-101-58-4570 as identification and did (did not) take an oath. b ra E LIZABETH A. 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