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Home My WebLink AboutCity of Tamarac Resolution R-84-125Introduced by 1% Temp. #2977 1 2 3 4 8 9 10 11 12 13 3 20 21 22 23 47 28 29 30 36 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-8-V-�� A RESOLUTION AUTHORIZING EXECUTION OF A FOUR -PARTY AGREEMENT WITH BROWARD COUNTY, CITY OF FORT LAUDERDALE AND EXECUTIVE GOLF APARTMENTS, INC., FOR THE GOLFVIEW PLAZA PROJECT; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: That the appropriate City officials are hereby authorized to execute a Four -Party Agreement with Broward County, City of Fort Lauderdale, and Executive Golf Apartments, Inc., for the Golfview Plaza project, a copy of which is attached hereto as Exhibit "A". SECTION 2: This Resolution shall become effective upon adoption. PASSED, ADOPTED AND APPROVED this_ F"day of '1980. ATTEST: ASSISTANT CITY CLERK F/I/� r. t _ RECORD OF COUNCIL VOTE Mayor Kravitz AYE I HEREBY CERTIFY that I have Vice Mayor Stein AYE approved the form and correctness Dist 1-Dunne AYE of this Resolut n. Dist 2-Munitz AYE Dist 3-Stelzer Absent U FOUR -PARTY AGREEMENT THIS AGREEMENT among BROWARD COUNTY, a political sub- division of the State of Florida, its successors and assigns, hereinafter referred to as the "COUNTY", the CITY OF FORT LAUDERDALE and the CITY OF TAMARAC, Florida municipal corporations, herein- after collectively referred to as the "CITIES", and EXECUTIVE GOLF APARTMENTS, INC., a Florida corporation, its successors and assigns, hereinafter referred to as the "DEVELOPER". WHEREAS, the DEVELOPER has submitted a plat of lands to the COUNTY for approval and recording in the Public Records, said plat being entitled Golfview Plaza; and WHEREAS, the Board of County Commissioners of the COUNTY has approved said plat on the conditions, among others, that the DEVELOPER enter into a four -party agreement with the COUNTY and CITIES to provide additional right -of --way for Northwest 21st Avenue and to pay additional impact fees; NOW, THEREFORE, IN CONSIDERATION of the COUNTY's approval and recording of the Golfview Plaza Plat and the mutual covenants hereinafter set forth, the parties agree as follows: 1. Within sixty (60) days of receiving written notice from the COUNTY that the COUNTY has advertised for road construction bids for the expansion of the intersection of North- west 21st Avenue and Prospect Road, which expansion will require the conveyance of additional right-of-way by the DEVELOPER, the DEVELOPER shall convey to the COUNTY the area shown as "12' RIGHT TURN EASEMENT" on Exhibit "A" attached hereto. 2. The Golfview Plaza Plat was approved by the COUNTY on the basis that the land being platted will be used for industrial purposes. If the DEVELOPER ever proposes to use the land for any other purpose, such as hotel or retail use, and such alternate use would generate a greater impact on the regional transportation system than the impact of the industrial use presently proposed, such impacts to be determined in the same manner, then the DEVELOPER agrees to pay to the COUNTY an additional amount of money for road impact fees based on such alternate use. 3. The CITIES agree not to issue a building permit for the construction of any building on the land being platted as Golfview Plaza which is to be used for a non -industrial purpose, unless the CITIES receive written notice from the COUNTY that the appropriate road impact fees for such building have been paid. In addition, the CITIES agree that in the event the COUNTY notifies the CITIES in writing that the DEVELOPER has not complied with its obligation under Paragraph 1 above, then the CITIES shall issue no further building permits or certificates of occupancy for the land being platted as Golfview Plaza until the COUNTY provides further written notice that the DEVELOPER has complied. 4. It is understood and agreed upon by and between the CITIES and the COUNTY that the CITIES' obligations pursuant to this Agreement shall be of no further force and effect upon the issuance of a final certificate of occupancy by CITIES for complete buildout of the parcel platted as Golfview Plaza Plat, or upon the expiration of ten (10) years from the effective date of this Agree- ment, whichever shall first occur. S. Notwithstanding anything to the contrary contained herein, DEVELOPER agrees that its obligations to COUNTY pursuant to this Agreement shall continue in full force and effect until the parcel platted as Golfview Plaza Plat has been completely developed. 6. This Agreement shall be recorded in the Public Records of Broward County, Florida, and shall constitute a covenant running with the land. IN WITNESS WHEREOF, the parties have executed this Agree- ment on the respective dates indicated below. COUNTY Attest: County Administrator and Ex-- Officio Clerk of the Board of County Commissioners of Broward County, Florida This document reviewed and approved as to form by Office of Broward County General Counsel, Susan F. Delegal, G 1 C 1 BROWARD COUNTY, through its BOARD OF COUNTY COMMISSIONERS 3 By: Ar day '. a r �w en a ounse _ 2 By .. Annette tar Lus garten f Assistant General Counsel r: 1 rman 1gP4 CITIES 11 1 WITNESSES: Uir-y k�Lr_Qrney WITNESSES: Approved: N M. HENNIN� ity Attorney( nFV .T.0PF.R WITNESSES: STATE OF FLORIDA ) Ss.. COUNTY OF BROWARD) THE CITY OF ORT UDERDALE By; ER W. DRESSLER, Mayor By: CCOSTANCE W. HOFFMANQJ City Mgr. 19 day of June , 1984 THE CITY OF TAMARAC By; • ` 41HIL11-B. K VIT , Mayor By: �Q�GGGu/ AURA Z TUURMANS, City Mgr. day of 1984 EXECUTIVE GOLF APARTMENTS, INC. By: 1 day of 984 �. z. �-- ACKNOWLEDGEMENTS NOTARY NOT NEEDED PER CITY ATTORNEY BEFORE ME personally appeared _ known to me to be the person described in and who executed this foregoing Four -Party Agreement for BROWARD COUNTY, and acknowledged to me that he/she executed same for the purposes herein expressed. My Commission Expires: NOTARY PUBLIC - 3 - • STATE OF FLORIDA ) ss.: COUNTY OF BROWARD) BEFORE ME personally appeared Robert A. Dressler and xoffmann , known to me to be the persons described in and who executed this foregoing Four -Party Agreement for the CITY OF FORT LAUDERDALE, and they executed same for the purposes herein expressed. NOTARY PUBLIC A/My C-omm ss,ion Expires: NOTA?Y PUBLIC ST,4,r'r OF FLORIDA �jlv' 4I SS I ON E'.;i' I:E'; M ,�Y 04 1987, -ED THRJ GENER, i,, jRANCE UND, STAT OF FLORIDA ) ss.: COUNTY OF BROWARD) Philip B. Kravitz and BEFORE ME personally appeared Laura Z. Stuurmans known to me to be the person described in and who executed this foregoing Four -Party Agreement for the CITY OF TAMARAC, and acknowledged to me that he/she executed same for the purposes herein expressed. GrR NOT PUBLIC My Commission Expires: NOI%ARY FUELIC STATE OF FLORID/ MY CCMMISSIQN EXPIRES NOV 13 1':65 �= �'`• f, Y DONDED 7HRU GENEkAL INS : UNDERWRI fERS ®• M, i r = STATE OF FLORIDA ) `� COUNTY OF BROWARD) y BEFORE ME personally appeared -- known to me to the ,-ti. of EXECUTIVE GOLF APARTMENTS, INC., the corporation described in the foregoing Four -Party Agreement, and he acknowledged to me that he executed same for said corporat'-ion. NOT Y PUBLIC Q =� My Commission Expires: .`•��` Notary Puhho, State of Fiorirta Yy Con mission Exr'res June 11, 19S7 Banded by N1iuo.'v F%^er.cv—::i '-";'I M.= �2 w Lim - 1. � r' �• �N ��, ��;,�,�;'�: ' ie GNT • ruRN. EsfsEMc�ti/T �: .. _ S kn !' •i1� �,'�� ` � �►(� N �• �+r' ;_� � � :1� *lip �� y. ` . 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