HomeMy WebLinkAboutCity of Tamarac Resolution R-84-067Introduced by V/M Massaro
Temp. Reso. #2940
1
2
3
4
9
10
11
12
13
14
a
21
22
23
"4
27
28
29
30
l
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-84-67
A RESOLUTION APPROVING AND ACCEPTING A
DEVELOPMENT AGREEMENT WITH JUSTUS
HOMES, INC., OF FLORIDA,FOR BISHOP TRACT 31;
AND PROVIDING AN EFFECTIVE DATE.
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TAMARAC, FLORIDA:
SECTION 1: That the Development Agreement with Justus
Homes, Inc., of Florida, for Bishop Tract 31; is hereby approved
and accepted, a copy of said agreement being attached hereto as
Exhibit A.
SECTION 2: That the appropriate City officials are hereby
authorized to execute said agreement on behalf of the City.
SECTION 3: That the City Clerk is hereby authorized and
directed to record said agreement in the public records of Broward
County, Florida.
SECTION 4: This Resolution shall become effective upon
adoption.
PASSED, ADOPTED AND APPROVED this lstday of March , 1984.
YO
ATTEST:
SISTANT CITY CLERK
I HEREBY CERTIFY that I have
approved the foam and correctness
of this Resolu on.
A
RECORD OF COUNCIL VOTE
MAYOR FALCK:
DIST. 1: C/M KRAVITZ:
DIST. 2: V/M MASSA O:
DIST. 3: C/M STELZER:
DIST. 4: C/M KRANTZ:
rr. A 0 11 Rev. 2/27/84
;;So
THIS AGREEMENT entered into by and between CITY OF
TAMARAC, a municipal corporation of the State of Florida,
hereinafter referred to as "CITY," and JUSTUS HOMES, INC. OF
FLORIDA, a Florida corporation, hereinafter referred to as
"DEVELOPER."
W I T N E S S E T H
In consideration of the mutual covenants and conditions
herein contained and other good and valuable consideration
which the parties herein acknowledge, the parties agree as
follows:
1. STATEMENT OF FACT . DEVELOPER is the owner of
certain real property located within the CITY OF TAMARAC,
Broward County, Florida described on Exhibit "A" attached
hereto. The DEVELOPER has pending before the CITY a plat in
final form for the real property described upon Exhibit "A"
known as Bishop Tract 31, and hereinafter referred to as
"Tract 31."
The CITY OF TAMARAC has enacted an Ordinance
No. 29-47, as amended by Ordinance No. 80-26 (located at
24-28.1 of the City Code), which requires on -site storm water
retention for purposes of assisting in drainage for TRACT 31,
in the approximate amount of five percent (5%) of the area
reflected by the plat of TRACT 31.
The CITY OF TAMARAC has also enacted Ordinance
No. 0-76-56 pertaining to the dedication of land for local
park and recreational purposes.
The CITY desires traffic signalization at N.W. 88th
Avenue and N.W. 77th Street, Tamarac, Broward County, Flo-
rida.
2. RETENTION AREA AND DRAINAGE PAYMENTS -
A. With respect to the retention areas the DEVEL-
OPER agrees to:
Pay a retention fee of $36,977.00 required by
the CITY OF TAMARAC based on ONE THOUSAND SEVEN HUNDRED FIFTY
DOLLARS ($1,750.00) per acre for the 21.1297 acres contained
within the plat of TRACT 31 as approved by the CITY OF
TAMARAC, provided however that if a site plan containing an
adequate design for storm water retention is approved by the
CITY OF TAMARAC, in accordance with its rules, ordinances and
regulations, for TRACT 31, the monies paid by the DEVELOPER
for retention fees shall be returned by the CITY to the
DEVELOPER forthwith. No interest on this fee shall be owed
by the CITY.
B. In addition to the retention fees herein des-
cribed, the DEVELOPER further agrees to pay to the CITY OF
TAMARAC at the time the plat for TRACT 31 has been approved
by the CITY the sum of TWO THOUSAND SEVEN HUNDRED FORTY-SEVEN
DOLLARS ($2,747) for drainage improvements as required by
Ordinance 79-47, as amended, calculated at a rate of $130 per
acre. This fee is non-refundable if plat is aproved by the
Broward County Commission.
3. RECREATION PAYMENTS. The DEVELOPER agrees to pay
to the CITY at the time the CITY approves the plat for
TRACT 31 monies for local parks and recreation in the amount
Of SIXTY THREE THOUSAND THREE HUNDRED EIGHTY NINE DOLLARS
($63,389.00). These sums represent the DEVELOPER's fair
share of payments toward local parks and recreation needs of
the CITY as mandated by the stipulated order signed July 14
and 18, 1978 in the case of Leadership Housing Systems, Inc.
vs. City of Tamarac, Case 72-11731 filed in Broward Circuit
Court.
1
4. OFF SITE IMPROVEMENT . The DEVELOPER, at its
expense, agrees to construct the road and related improve-
ments on N.W. 88th Avenue adjacent to the plat of TRACT 31,
including sidewalk improvements, turning lanes and bus lanes,
all in accordance with plans approved by Broward County and
the CITY OF TAMARAC, such improvements being necessary to
satisfy the requirements of the DEVELOPER pursuant to
Article IX of Chapter 5 of the Broward County Code and as
required by the CITY OF TAMARAC Code or applicable ordi-
nances. The costs of such improvements as estimated by the
Broward County Engineering Division are as follows:
TRACT 31
Right Turn Lane $7,500.00
Left Turn Lane (88 Ave. Median) 8,250.00
Sidewalks 5,300.00
Prior to execution of plat approval by the City, the
DEVELOPER agrees to deliver to the City a Bond equal in
amount to the above three items in the form of cash,
irrevocable bank letter of credit, cashier's check or other
negotiable instrument, or a surety bond, in a form acceptable
to the City. The DEVELOPER agrees that these improvements
shall be incorporated in and constructed concurrently with
improvements reflected on any future site plan submitted to
and approved by the CITY.
5. TRAFFIC SIGNALIZTION . The DEVELOPER, at its
expense, agrees to construct a traffic signalization system
at the intersection of N.W. 88th Avenue and N.W. 77th Street,
CITY OF TAMARAC, Broward County, Florida, said construction
to be in accordance with plans approved by Broward County and
the CITY OF TAMARAC. At the time the CITY approves the plat
for TRACT 31, the DEVELOPER shall deposit with the CITY the
sum of FORTY THOUSAND DOLLARS ($40,000.00) representing the
cost of the traffic signalization described within this
Paragraph 5, which sum shall be held by the CITY until the
plat for TRACT 31 has been fully approved by the Broward
County Commission. Upon approval of the plat by Broward
County, the CITY shall then put said monies ($40,000.00) into
the CITY's traffic signalization account. If within the
one-year period after Broward County approval of the plat,
the DEVELOPER has properly installed said signalization, the
$40,000.00 deposited with the CITY by the DEVELOPER shall be
returned to the DEVELOPER. If after one year from the date
Broward County Commission has given plat approval of TRACT
31, said signalization has not been installed by the
DEVELOPER, then the DEVELOPER shall no longer have an
obligation of installing said traffic signalization and the
$40,000.00 deposited with the CITY shall be retained by the
CITY. Notwithstanding any of the other terms and provisions
herein contained to the contrary, if the Broward County
Commission does not give final plat approval for TRACT 31,
then the $40,000.00 deposited with the CITY as herein des-
cribed shall be returned to the DEVELOPER and no interest
thereon shall be owed by the CITY.
The CITY recognizes and agrees that the DEVELOPER is
only required by this Agreement to install one (1) traffic
signalization system at the intersection of N.W. 88th Avenue
and N.W. 77th Street, Tamarac, Florida. The CITY further
recognizes and agrees that the DEVELOPER has executed
simultaneously herewith a Development Agreement for real
property within the CITY OF TAMARAC and commonly referred to
as •Tract 261' which Agreement (for Tract 26) requires a
traffic signalization system at N.W. 88th Avenue and N.W.
77th Street, in accordance with the terms and provisions of
this Paragraph 5 and that only one deposit of $40,000.00 is
required of the DEVELOPER for both Tracts 26 and 31.
Therefore, if the DEVELOPER installs a traffic signalization
system pursuant to the Agreement between the DEVELOPER and
the CITY for Tract 26, the DEVELOPER will not be required to
install another traffic signalization system pursuant to this
Paragraph 5 for TRACT 31.
2
I
1
6. REFUND OF MONIES. The parties hereto recognize and
agree that the plat for TRACT 31 could be rejected by the
CITY OF TAMARAC or Broward County. This Agreement is not
intended to require the CITY OF TAMARAC or Broward County to
approve this plat. Therefore, in the event the CITY OF
TAMARAC and Broward County do not approve the plat of TRACT
31 for recordation in the Public Records of Broward County,
Florida, all monies paid by the DEVELOPER to the CITY
pursuant to this Agreement, shall be returned by the CITY to
the DEVELOPER forthwith, whereupon this Agreement shall
become null and void and all parties relieved of any further
liabilities and obligations hereunder. The CITY has no
obligation to pay DEVELOPER any interest on money paid to or
deposited with the CITY.
7. This Agreement shall be construed in accordance with
the laws of the State of Florida and shall be binding upon
the CITY and the DEVELOPER, and the successors and assigns of
the DEVELOPER.
IN WITNESS WHEREOF, the parties hereto have caused these
presents to be executed on the day and year indicted below:
Signed, sealed and delivered
in the presence of:
ATTEST:
ITY MAKXGER
ATTEST:
CITY CLERK ,
THE CITY OF TAMARAC
By -.-\\t'Q =L=L-�
MAYOR/
DATE AY
F .1
By
CITY
DATE
Approy,P4 as to /,Form
By
JUSTUS HOMES, INC.
�I
I l
.,DATE
3
STATE OF FLORIDA
COUNTY OF BROWARD
BEFO ME th u dersigned authority, personally
appeared GU Z ands,
respectively and of the
CITY OF TAMARAC, a municipal corpora on of thdf State of
Florida, who, being duly sworn, depose and say that they have
read and eaxecuted the foregoing instrument on behalf of
such corporation, on this f day of� ,
1984.
NOTARY PUBLIC, STATE OF FLORIDA AT LARGE
My commission expires:
(Notary Seal)
IN WITNESS WHEREOF, JUSTUS HOMES, INC. OF FLORIDA# a
Florida co; orati n, has set its hand and seal this
day of _, 1984.
WITNESSES:
STATE OF FLORIDA
COUNTY OF BROWARD
JUSTUS HOMES, INC. OF FLORIDA
By:
its P sident
BEFORE ME,the undersigned authority, personally
appeared VJAL � R F.J^ ius , President of JUSTUS HOMES, INC. OF
FLORIDA, a Florida corporation, who, being duly sworn,
deposes and says that he has read and eaxecuted the foregoing
instrument, on behalf of such corporation, on this sr
day of M rk 2cN , 1984.
A4'j� ka��
NOT Y PUBLIC, STATE OF FLORIDA AT LARGE
My commission expires:
My CWW*31" EXPirW May bnd�d thru AAayrAgwieV
3
1006DA013084/t
(Notary Seal)
I
EXHIBIT • A
/XG6 i 4 3
F1:=:b11 ....,
PF.R CEL 1: .
A portion of FLORIDA FRUIT LAUDS CD.-IP/M SUBBD1V?SIDN ND. 2, of Sec-
tion 5, iovnship 49 South. 'r... nge ail Lost. as recorded In Plat Book 1.
Page 102. o: the Public Records of Pal» beach County. ilorldz, being
=ore Particularly described as'faliowr: :
CC:MENMISIC at the Soutneast corner of said Section 5; ir._uc: -
Korth 0Vl0'05" best. along the East line of said Section 5, a distance
of 3519.14 fact; TH=:;C- }forth BI'OD'09" hest, a distance of 1B12.01 -
feet. said point being on the Vesterly right -of --.;ay line of N07t'1-.1aest
BEth Avenue, as recorced in O.R. Book 4747, Page 1B3, of the Public
;iccords of Brc_ard County, sloridr, said point being further 6escribec ;
as bean; the Point of Beginning of this oesc:ipz'ior.; ir,=NCE cantinu_
North S!'OD'OS" :test, a distance of 847.66 fee_; iri=N._ _ North 03`32'02" Last, a distance of 775.22 feet; THF.NC;.
South 71'17'23" :2st. a distance of 546.31 feet, 'the lag:_ two described
courses being coincident with the =asterl3 anti: SouLneriy
of that certain canal as recorded is O-r. Soon 6450, Sage 685, of -the
Public Records o: bz:_zrd County. Florida; THENCE Soutb * 13'56'57" West.
a distance of 446.66 fee:; MI-sNCE South 80'48'43" Last, a distance of
L06.04 feet to a point on the are of a circular curve -to the Left,
whose radius point bears South 81'3741" Last. from the last cescribed
point; TE=t:CE Southerly along the are of said curve, having a radius --
of 2106.OD feet. an arc distance o_` 233.82 feet To the Point o:
beginning. the last described course beln; coincident with the saic
z:esterly right-of-way line of Northwest- SBth Avenue. - -
Said lands situate. king and being is Broward Counts. Tlorica.
-Ce�az�ining 10.14 acre:, -more oz less:
.
of
3 • - .
ZL
�■
I
PARCEL 2:
A pc Lion of FLOP.IDA FRDI?.ut�'DS CD-4?JAM SMDIVISION NO. 2, os section
S, 7c-.mship 49 South, paage 41 East, as recorded in Plat Zook 1. page
102, of the Public Records of Palm beach- County, Florida, beint =ore
particularly described as foIloys: r
�C+•-.—+•..a►.., at the Southeast cOrneT of �� .
North OO'101051' -est. alone• said Section 5; Tar1:Cr
e .ne ziast line of said Section 5, a cis:ance
o: 3245.03 :act; 7BE14CE hest, a distance c; 2972-75 fret to a point on
the Northerly runt -of -_ay line of N. W. 77th Street, as recorded in
0.11. E6250, pata 622, of the Public Records Of srovard County,
Florida.oa. said peint bein= fu-t:jer described as the Point of beg:anins o:
this GlSC:1pt10Z:; %rI:CL cOntirnue Wiest, a dig' ance of 168.41 '-'act to a
Point of Curvature- of a circular curve to the Right; Tr:zNCE Westerly
along the art of said curve, having a radius of 1140.00 feet, as arc
distance of 4D3.90 fee: to the Point of 7znsency; TN_NC_
t:a-th 60'42'2S" S:•est, a distance of 134.85 f ear to a point on t},: =2st_
erly ride: -Of -vay line cf that ce-;ain canei , as recorded in O_P__ rzS-1
b450, Fage 685, o4' the Public Records of s
last three Oestr �� .+ZC�ard County, Florida, the
abed courses being coincioeat v+th the said Northerly
r4 rht-of--ay line o: N.V. 77th Street;„
al nnc szic� Besteri _ Tr._2:CE North 03'32 02 Last,
y rushT- o_-_-ay line. a distance of 572.70 i eet: THEM_
.SoutT-' 81'00'09" Las:, a distance of 847.66 feet tO a point on the a -
a circular curve to the Left, -nose radius pourc of
t bears South 87.5o•u•�
fro= the last describes po.iat, said point being further describeras
being on the Lest eriy righ t-of-.ay line of N. U1. S8th Avenue, as = ecoroe2
In O.E. boor. 4747, Fcge.183, o: tine Public Records of bre_ard Coumry,
Florida; T�?=!►CE Southerly along the arc o` said curve. hating a raelu of 2106.00 feet, an art distance of 357.46 fear; ?Y._1:CE veSL. a c�stance
of i00.00, feet; TEZINCE South, a distsnz_ of 200.00 feet to the Point of
BenZ
Said lands situate, lying and being in Ero-•azd County, Flor, Sc.:.
Containinb ll.ODo acres, =ore or less.