HomeMy WebLinkAboutCity of Tamarac Resolution R-97-0741
March 18, 1997 - Temp. Reso. #7778 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-97-_Zj
A RESOLUTION OF THE CITY COMMISSION
OF THE CITY OF TAMARAC, FLORIDA,
APPROVING A FOUR -PARTY AGREEMENT
BETWEEN BROWARD COUNTY,
UNIVERSITY HOSPITAL, LTD, UNIVERSITY
HOSPITAL, LTD, AND THE CITY OF
TAMARAC FOR THE TRANSFER OF 306
COMMITTED TRIPS RELATING TO
PARCELS 1, 2, AND 3 OF THE "UNIVERSITY
HOSPITAL REPLAT", ACCORDING TO THE
PLAT THEREOF AS RECORDED IN PLAT
BOOK 158, PAGE 46 OF THE PUBLIC
RECORDS OF BROWARD COUNTY,
FLORIDA; AND PARCELS B, C AND D OF
THE "UNIVERSITY HOSPITAL" PLAT,
ACCORDING TO THE PLAT THEREOF AS
RECORDED IN PLAT BOOK 102, PAGE 50
OF THE PUBLIC RECORDS OF BROWARD
COUNTY, FLORIDA; LOCATED AT 7201
NORTH UNIVERSITY DRIVE; CASE NO.
5-P-97; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the "University Hospital Replat" (attached hereto as Exhibit "A") has
been submitted by the applicant and approved by the City Commission of the City of
Tamarac on November 23, 1994 (R-94-248); and
WHEREAS, the "University Hospital Replat" (attached hereto as Exhibit "A") has
been submitted and approved by the Board of County Commissioners of Broward County
on July 11, 1995; and
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March 18, 1997 - Temp. Reso. #7778 2
WHEREAS, the "University Hospital' Plat (attached hereto as Exhibit "B) has been
submitted by the applicant and approved by the City Commission of the City of Tamarac
on September 28, 1994 (R-94-198); and
WHEREAS, the "University Hospital' Plat (attached hereto as Exhibit "B") has been
submitted and approved by the Board of County Commissioners of Broward County on
July 21, 1979; and
WHEREAS, the "University Hospital Replat" and the "University Hospital' Plat were
approved subject to certain conditions to ensure the protection of the public health and
safety, and one (1) of the conditions imposed at the time of Replat and Plat approval was
the construction of certain improvements; and
WHEREAS, the parties desire to enter into this Agreement to provide for the transfer
of 306 committed trips from Parcels B, C, and D of the "University Hospital" Plat, according
to the Plat thereof, as recorded in Plat Book 102, Page 50 of the Public Records of
Broward County, Florida; to Parcels 1, 2, and 3 of the "University Hospital Replat",
according to the Plat thereof, as recorded in Plat Book 158, Page 46 of the Public Records
of Broward County, Florida; Case No. 5-P-97; as described in Attachment 1 (A, rg.eement
fQf_Transfer of Committed Trips); and
WHEREAS, the Director of Community Development has reviewed the Agreement
and recommends approval; and
WHEREAS, the City Commission reviewed the Agreement at a public meeting; and
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March 18, 1997 - Temp. Reso. #7778 3
WHEREAS, both Broward County and the City of Tamarac must approve this
Agreement prior to the committed trips being transferred; 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 approve the Four -
Party Agreement between Broward County, University Hospital, Ltd., University Hospital,
Ltd., and the City of Tamarac for the Transfer of 306 Committed Trips relating to the
"University Hospital Replat" (Exhibit "A" attached) and the "University Hospital' Plat (Exhibit
"B" attached); located at 7201 North University Drive; Case No. 5-P-97.
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, the Four -Party Agreement between Broward County, University Hospital,
Ltd, University Hospital, Ltd, and the City of Tamarac for the Transfer of 306 Committed
Trips (attached hereto as Attachment 1"), is hereby approved.
SECTION 3: That the appropriate City Officials are hereby authorized and
instructed to execute said Four -Party Agreement.
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March 18, 1997 - Temp. Reso. #7778 4
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
application, it shall not affect the validity of the remaining portions or applications of this
Resolution.
SECTION 6: This Resolution shall become effective immediately upon its
passage and adoption.
PASSED, ADOPTED AND APPROVED this
ATTEST:
_x y
CAROL A. EVANS
CITY CLERK
I HEREBY CERTIFY that I
have approved this
RESOLUTION as to form.
MITCHELL S. KRA
CITY ATTORNEY
Comm dev\c:\userdata\wpdata\res\7778reso\ps
q day of fi'04, 1 Z- 11997.
JOE SCHREIBER_
MAYOR
r • �r a ; . •
r a U
AGREEMENT
Among
and
and
IVERSITY HOSPITAL, LTD.
and
FOR TRANSFER OF COMMITTED TRIPS
This is an Agreement among BROWARD COUNTY, a political
subdivision of the State of Florida, its successors and assigns,
hereinafter referred to as "COUNTY;"
AND
City of TAMA13gC a municipal corporation of
the State of Florida, its successors and assigns, hereinafter
referred to as "CITY;"
AND
UNIVERSITY HOSPITAL, LTD. , its successors and
assigns, hereinafter referred to as "DONOR;"
UNIVERSITY L LTD. , its successors and
assigns, hereinafter referred to as "RECEIVER."
WHEREAS, RECEIVER is the owner of certain real property
located in the City of Tamarac , Broward County,
Florida (hereinafter referred to as the "Receiving Parcel") and is
described in Exhibit "A," attached hereto and incorporated herein;
and
WHEREAS, RECEIVER has previously either:
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ATTACHMENT 1
(X) received COUNTY approval to develop the Receiving Parcel
as follows:
existin2 hospital use
or
( ) it has been determined that the Receiving Parcel has no
vested rights with respect to traffic concurrency
satisfaction; and
WHEREAS, RECEIVER has applied to the COUNTY for the following
approval(s) to permit development of the Receiving Parcel:
above existi-nq use ; and
WHEREAS, said proposed development level will result in an
additional traffic impact of trips per day, pursuant to
COUNTY's TRIPS model; and
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
development; and
WHEREAS, DONOR is the fee simple owner of the
Uniy,ers,ity HQgpitai Plat, (P.. 102 P.50) , (hereinafter
referred to as the "Donor Parcel"), which was approved by the
Countwhich is more loarticularl described 19��, and
particularly � in Exhib�,t "B," attached
hereto and incorporated herein; and
WHEREAS, the Donor Parcel is contiguous to the Receiving
Parcel; and
WHEREAS, the Donor Parcel has been approved by the COUNTY and
is restricted to the following uses:
55,436 sq.f--
proposed,
t. (-64,926-scr. ft. existin2 and
90,074 sq. ft. proposed)
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WHEREAS, the County Commission approved an amendment to the
note on the face of the University Hospital Plat which reduced the
trips committed to the Donor Parcel from 8428 to
.A122 __, a reduction of 306 commuted trips; and
WHEREAS, the COUNTY Commission approved a delegation request
to increase the development permitted on the Receiving Parcel by
the number of trips reduced from the Donor Parcel; and
WHEREAS, pursuant to Section 5-182 (a) (4) (b) of the Broward
County Code of Ordinances, DONOR and RECEIVER seek to transfer the
committed trips reduced from the Donor Parcel to the Receiving
Parcel; and
WHEREAS, COUNTY has no objection to said transfer of committed
trips and the County Commission approved such a transfer at its
meeting of , 1997 ; NOW, THEREFORE,
IN CONSIDERATION of the mutual terms, conditions, promises,
covenants and payments hereinafter set forth, COUNTY, CITY, DONOR
and RECEIVER agree as follows:
1. The above recitals and representations are true and
correct.
2. DONOR agrees to transfer to -the Receiving Parcel and the
RECEIVER agrees to accept T306 trips per day,
corresponding to the following designated uses:
Assisted —Living Facility - 90 sleeping rooms
(45 dwelling unit equivalents)
3. RECEIVER agrees that if a building permit for a principal
building is not issued on the Receiving Parcel within
three (3) years of the date the Board of County
Commissioners approved the transfer of committed trips,
the COUNTY's finding of adequacy of the regional road
network relative to the donated trips shall expire and no
building permits shall thereafter be issued for a
principal building on the Receiving Parcel.
4. CITY agrees that in the event that the COUNTY's finding
of adequacy of the regional road network expires, CITY
shall not issue any building permits for the donated
trips until the Board of County Commissioners makes a
finding that the application satisfies the adequacy
requirements of the regional road network.
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5. RECEIVER
agrees that he/she shall not be entitled
to
transfer
any trips from the Receiving Parcel.
6. DONOR shall
the note
not be entitled to apply for an amendment
to
on the face of the Donor Parcel's plat
to
increase
the number of trips allocated to the Donor
Parcel for a period of three (3) years from the date
the
Hoard of
County Commissioners approved the transfer
of
committed
trips.
7. DONOR and RECEIVER agree to execute any and all other
instruments or documents as may be required to effectuate
the requirements of Chapter 5, Article IX, Broward County
Code of ordinances, and this Agreement.
8. COUNTY and CITY find that execution of and adherence to
this Agreement on the part of RECEIVER satisfies the
requirement of Chapter 5, Article IX, Broward County Code
of Ordinances, that plats of land shall be designed to
provide for the adequacy of the regional road network, at
the adopted levels of service, concurrent with the impact
of the development.
9. NOTICE: Whenever any of the parties desires 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 Development Management Division
115 South Andrews Avenue, Room 329
Fort Lauderdale, Florida 33301
For the CITY:
Development
—Citv of Tamarac
._?.25 L„28t-h—avenue
Tamarac, FL. 33321-2401
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For the DONOR:
Chief Executive Officer
'tal and Medical Center
7201 er it Drive
L. 3 321
For the RECEIVER:
n & Associates, Inc. (Agent)
210 University Drive, Suite 300
Coral Springs, FL 33071
10. This Agreement shall be recorded in the official Records
of Broward County, Florida, against the property
described in Exhibits "A" and "B" 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.
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04/21/95 - 5 -
IN WITNESS WHEREOF, the parties have made and executed this
10 Agreement on the respective dates under each signature: BROWARD
COUNTY through its BOARD OF COUNTY COMMISSIONERS, signing by and
through its Chair, authorized to execute same by Board action on
the .._. day of P 19 , and
, signing by and through its
authorized to execute name by
Comm ssion/Council action on the day of
1 19,,_� 0 and _IlL versi,tiy H,s 5pita.,l Ltd'
s gn ng by and through itsjjt * , duly
authorized to execute same, and
signing by and through its * , duly
authorized to execute same. * and Senior Vice President
ATTEST:
County Adm nistrator and Ex-
Officio Clerk of the Board
of County Commissioners
of Broward County, Florida
•• 6 -•
CAF,1257
04/21/95
BROWARD COUNTY, through its
BOARD OF COUNTY COMMISSIONERS
By
Cha r
day of , 19.
Approved as to form by
Office of County Attorney ` ,
Broward County, Florida
JOHN J. COPELAN, JR., County Attorney
Governmental Center, Suite 423
115 South Andrews Avenue
Fort Lauderdale, Florida 33301
Telephone: (305) 357-7600
Telecopier: (305) 357-7641
By
Assistant County Attorney
C7
is
AGREEMENT AMONG BROWARD COUNTY, CITY OF
TD. AND UNIVERSITY HOSPITAL LTD. , ANSFF CO
ER
TROMMITTED TRxP5 FOR
WITNESSES:
ATTESTS
y Managor
Robert S. Noe, Jr,
ChF0257
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(CORPORATE SEAL)
Hy /1 �-
Jo'"chreiber, Mayor
,.L., day of -- Anr,.iL0 19„ cz.
C ty C or
Carol A. Evans, CMC
-mm- day Of , 19,..g,Z •
,n
APPROVED S TO
7
Mitchell S. Kral(t
►9
•
C,
AGREEMENT AMONG BROWARD COUNTY, CITY OF
L LTD. AND UNIVERSITY HOSPITAL,
�
TA
LTD. , FOR
TRANSFER OF COMMITTED TRIPS
ATTEST:
By
Secretary
(CORPORATE SEAL)
STATE OF )
COUNTY OF SS
DUGS
University Hospital, Ltd.
A Florida Limited Partnership, By
Columbia Hospital Corporation of
Tamarac, General Partner
By
C rles J. Wkll, Senior V ce
Z d of e1� re�C
and.
By:1 JeI"�r�u�le
Vi a Pile dent
Addresrs: 7201 N. University Drive
Tamarac, FL 33321
27-s' day of , 1997
The foregoing instrument was acknowledged before me this
day of , 19 , by whom
personally known to me or who has produced as
identification and who did/did not take an oath.
(Seal)
My commission expires:
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NOTARY PUBLIC:
Pri nt name:
Commission No.
AGREEMENT AMONG BROWARD COUNTY, CITY OF T
AMARac UNIVERSITY HOSPITAL, LTD. AND UNIVERSITY HOSPT
TRANSFER OF COMMITTED TRIPS
FOR
CON fiBhWk�EARTKERSHIP
STATE OF FLORIDA )
) SS
COUNTY OF BROWARD )
The fore ng instrument was
day
acknowledged before
me this .27
of , 19 97 , by Charles J. Hall
Senior V' of '' Hospital,
aorrPQ*&t, r+/partnership, on behalf
Ltd,* , a F asite�
of the eer-pera- vim/
He or she is personallyknown to me or has produced
par nership.
as identificaon and di-d/dui `not
take an oath.
,��GUY
MICHEL P. %60
•= MY COMMISSION N CC295602 EXPIRES
* and by
NOTARY PUBLIC:
Jeff Crudele
Vice President
lv July 25, 1997
(Seal) BONDED THRU TROY FAIN INSUMNCE, INC.
My commission expires:
P 1nt nam Z i .
Commission No.
RECEIYER
Universit Hospital Ltd.
A Florida Limited Partnership, By
Columbia Hospital Corporation of
Tamarac, General Partner
By
____ 22tzlz
C rles J. Ha Senior Vice President
/,Y /ItY , �44
ATTEST:
By
Secretary
(CORPORATE SEAL)
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and l/L �✓`'''�
Bye e
Vic r eess:
nt
Ad
N. University Drive
Tamarac, F1 33321
r2� day of fe% „_ 1997
AGREEMENT AMONG BROWARD COUNTY, CITY OF TAMARAC
TD. AND UNIVERSITY HOSPITAL, LTD. , FOR
TRANSFER OF COMMITTED TRIPS
N/A
STATE OF )
COUNTY OF SS
The foregoing instrument was acknowledged before me this
day of , 19 , by who is
personally known to me or who has produced as
identification and who did/did not take an oath..
NOTARY PUBLIC:
(Seal)
Pr nt name:
Commission No.
My commission expires:
0 ) STATE OF FLORIDA )
Ss
COUNTY OF BROWARD )
The f regoing instrument was acknowledged before me this
day of
1997, by
Senior o , a g, �,-i .a�IPf rtj?e8hiP
corporation partnership, on behalr of the corporat on/ partnership.
He or she is personally known to me or has produced
as identification and did/did not take -an oath.
MICHEL P. GUY * a n d by Jeff C r u d e l e
MY COMMISSION M CC295602 EXPIRES NOTARY PUBLIC: Vice President
July25.1997
(seal) BONDED THRU TROY FAIN INSURANCE, INC. �2
My commission expires: Pr na .
commission No.
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Exhibit "A"
Receiving Parcel
Legal Description
All that land contained within the plat of "University Hospital Replat" as recorded
in Plat Book 158, Page 46, of the Public Records of Broward County, Florida.
Said lands situate, lying and being in the City of Tamarac, Broward County,
Florida.
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C]
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Exhibit "B"
Donor Parcel
Legal Description
All that land contained within the plat of "University Hospital' as recorded in Plat
Book 102, Page 50, of the Public Records of Broward County, Florida. Said
lands situate, lying and being in the City of Tamarac, Broward County, Florida.