HomeMy WebLinkAboutCity of Lauderdale Lakes Recorded ILA - Atlantic Cypress Creek, LLCGreenspoonMarderl-AW
888-491-1120
www.gmiaw.com
January 14, 2016
Ms. Pat Teufel, City Clerk
City of Tamarac
7525 NW 88th Ave
Tamarac, FL 33321
Re: lnterloca/ Agreement
Dear Ms. Teufel:
From the desk of:
Dennis D. Mele, Esq.
200 East Broward Boulevard, Suite 1800
Fort Lauderdale, Florida 333Q1
Phone: 954.491.1120
Fax: 954.771.9264
Direct Phone: 954.527.2409
Direct Fax: 954.333.4009
Email: dennis.mele@gmlaw.com
Please find enclosed the original Interlocal Agreement between the City of
Lauderdale Lakes and the City of Tamarac regarding Atlantic Cypress Creek, LLC.
Feel free to contact our office should you have any questions.
Very truly yours,
GREENSPOON MARDER, P.A.
ti..J
Dennis D. Mele, Esq.,
For the Firm
DDM/mis
v
Florida: Aventura I Boca Raton I Ft. Lauderdale I Miami I Naples I Orlando I Port St. Lucie I Tallahassee I Tampa I West Palm Beach
Nevada: Las Vegas
INa�R # 113294861 Page 1 of 10, Recorded 10/19/2015 at 02:18 PM
Broward County Commission, Deputy Clark ERECORD
Prepared by:
Barry E. Somerstcin, Esq.
Greenspoon Marder, P.A.
200 E. Broward Blvd., Suite 1800
Fort Lauderdale, FL 33301
Return to:
Barry E, Som.erstein, Esq.
Greenspoon Marder, P.A.
200 E. Broward Blvd., Suite 1800
Fort Lauderdale, FL 33301
INTERLOCAL AG.RFEMENT
THIS INTERLOCAL AGREEMENT ("Agreement') is made as of the IQ, day of
i i�,,, , 2015, by and between the CITY OF LAUDERDALE LAKES, a
Florida municipal corporation ("Lauderdale Lakes") and the CITY OF TAMARAC, a Florida
municipal corporation ("Tamarac"), with the joinder and consent of ATLANTIC CYPRESS
CREEK, LLC, its successors and assigns ("Owner").
WITNESSETH:
WHEREAS, Owner is the owner of certain real property located in both the City of
Lauderdale Lakes and the City of Tamarac as legally described on Exhibit A ("Property"),
whereby the portion of the property described on Exhibit B attached hereto and made a part
hereof is located in the City of Lauderdale Lakes ("Lauderdale Lakes Property") and the portion
of the property located in the City of Tamarac is described on Exhibit C attached hereto and
made a part hereof ("Tamarac Property"); and
WHEREAS, Owner obtained site plan approval from the City of Lauderdale Lakes and
the City of Tamarac for the development of a 420 unit rental apartment development known as
"The Atlantic" to be constructed on the Lauderdale Lakes Property and the Tamarac Property
(the "Apartment Complex"); and
WHEREAS, Tamarac and Lauderdale Lakes desire to enter into this Agreement in
accordance with Florida Statutes Chapter 163 to provide for an interlocal agreement between
Lauderdale Lakes and Tamarac setting forth the agreed upon methodology upon which
assessments shall be imposed upon the Property and the methodology to be utilized by the
Broward County, Florida Property Appraiser ("Property Appraiser") in connection with
determining ad valorem real property taxes to be assessed against the Property; and
WHEREAS, the Owner joins in this Agreement to agree to the terms of this Agreement
as being binding upon the Property during the "Term" (as hereinafter defined) of this Agreement.
24073087.6
29718.0008
Prepared by:
Barry E. Somerstein, Esq.
Greenspoon Marder, P.A.
200 E. Broward Blvd., Suite 1800
Fort Lauderdale, FL 33301
Return to:
Barry E. Somerstein, Esq.
Greenspoon Marder, P.A.
200 E. Broward Blvd., Suite 1800
Fort Lauderdale, FL 33301
E-RECORDED
,p. 113 SO q 8 1
County: J- Y 6W kc-D
Met Time: Z-- . A
INTERLOCAL AGREEMENT
THIS INTERLOCAL AGREEMENT ("Agreement") is made as of the , day of
0C44„ , 2015, by and between the CITY OF LAUDERDALE LAKES, a
Florida municipal corporation ("Lauderdale Lakes") and the CITY OF TAMARAC, a Florida
municipal corporation ("Tamarac"), with the joinder and consent of ATLANTIC CYPRESS
CREEK, LLC, its successors and assigns ("Owner").
WITNESSETH:
WHEREAS, Owner is the owner of certain real property located in both the City of
Lauderdale Lakes and the City of Tamarac as legally described on Exhibit A ("Property"),
whereby the portion of the property described on Exhibit B attached hereto and made a part
hereof is located in the City of Lauderdale Lakes ("Lauderdale Lakes Property") and the portion
of the property located in the City of Tamarac is described on Exhibit C attached hereto and
made a part hereof ("Tamarac Property"); and
WHEREAS, Owner obtained site plan approval from the City of Lauderdale Lakes and
the City of Tamarac for the development of a 420 unit rental apartment development known as
"The Atlantic" to be constructed on the Lauderdale Lakes Property and the Tamarac Property
(the "Apartment Complex"); and
WHEREAS, Tamarac and Lauderdale Lakes desire to enter into this Agreement in
accordance with Florida Statutes Chapter 163 to provide for an interlocal agreement between
Lauderdale Lakes and Tamarac setting forth the agreed upon methodology upon which
assessments shall be imposed upon the Property and the methodology to be utilized by the
Broward County, Florida Property Appraiser ("Property Appraiser") in connection with
determining ad valorem real property taxes to be assessed against the Property; and
WHEREAS, the Owner joins in this Agreement to agree to the terms of this Agreement
as being binding upon the Property during the "Term" (as hereinafter defined) of this Agreement.
1
24073087.6
29718.0008
NOW, THEREFORE, in consideration of Ten Dollars ($10.00) and other good and
valuable consideration, the receipt, adequacy and sufficiency of which is hereby acknowledged,
the parties intending to be legally bound, hereby agree as follows:
1. The recitations heretofore set forth are true and correct and are incorporated
herein by this reference.
2. Lauderdale Lakes and Tamarac hereby agree that in connection with the
determination of ad valorem real property taxes to be assessed against the Property, that the
following terms and provisions shall be applicable, to wit:
(a) Lauderdale Lakes and Tamarac shall direct the Property Appraiser that in
connection with the preparation of the assessment rolls for determination of both the taxable
value and the just value for the Property, that the Property Appraiser shall determine both the just
value and the taxable value of the Property as a whole ("Taxable Values"); and (i) the Taxable
Values for purposes of determining the municipal portion of the ad valorem taxes of the Tamarac
Property shall be the Taxable Values multiplied by 7.6% for purposes of determining both the
just value and taxable value for the Tamarac Property ("Tamarac Assessed Values"), and (ii)
determining the municipal portion of the ad valorem taxes of the Lauderdale Lakes Property
shall be the Taxable Values multiplied by 92.4% for purposes of determining both the just value
and taxable value for assessments for the Lauderdale Lakes Property ("Lauderdale Lakes
Assessed Values");
(b) The Property Appraiser shall use the Tamarac Assessed Values for
purposes of computing the municipal assessment rolls for Tamarac and the Lauderdale Lakes
Assessed Values shall be utilized for purposes of computing the municipal assessment rolls for
Lauderdale Lakes. In connection therewith, taxes for the Tamarac Property shall be the Tamarac
Assessed Values multiplied by the millage rate imposed for each year for property within
Tamarac and the ad valorem taxes for the Lauderdale Lakes Property shall be the Lauderdale
Lakes Assessed Values multiplied by the millage rate adopted by Lauderdale Lakes for such tax
year;
(c) The provisions of this Agreement shall only be applicable with respect to
the determination of the portion of the Property taxes which are collected by the Broward County
Department of Finance and Administrative Services for municipalities, and
(d) All other governmental requirements and provisions relating to the
preparation of tax rolls, assessments, millage rates, tax challenges and all other matters relating
to ad valorem taxes for the Property shall be determined as provided under applicable laws and
regulations generally applicable to ad valorem taxes, subject to the provisions of this Agreement
as to the determination of the Tamarac Assessed Values and the Lauderdale Lakes Assessed
Values.
3. The term of this Agreement ("Term") shall commence for the tax year 2016 and
each subsequent tax year until such time as the Property is no longer being utilized in a manner
that is consistent with the Apartment Complex as approved by the City of Lauderdale Lakes and
the City of Tamarac, or a condominium established pursuant to Chapter 718, Florida Statutes, as
2
24073087.6
29718.0008
may be amended from time to time. At such time as the Property is no longer being utilized in a
manner consistent with the Apartment Complex as approved by the City of Lauderdale Lakes
and the City of Tamarac, or a condominium established pursuant to Chapter 718, Florida
Statutes, as may be amended from time to time, then this Agreement shall terminate effective
January 1 following the date the Property is no longer utilized as an Apartment Complex, or as a
condominium development as provided in Chapter 718, Florida Statutes.
4. This Agreement shall be construed and governed in accordance with laws of the
State of Florida and the agreed upon venue shall be Broward County, Florida.
5. In the event any provision of this Agreement is determined by appropriate judicial
authority to be illegal or otherwise invalid, such provision shall be given its nearest legal
meaning or reconstrued as such authority determines, and the remainder of this Agreement shall
be construed to be in full force and effect.
6. In construing this Agreement, the singular shall be deemed to include the plural,
the plural shall be deemed to include the singular and the use of any gender shall include every
other gender and all captions and paragraph headings shall be discarded.
7. All of the Exhibits to this Agreement are incorporated in and made a part of this
Agreement.
8. This Agreement constitutes the entire agreement between the parties for purposes
of determining the calculation of ad valorem property taxes payable to Tamarac and Lauderdale
Lakes as provided in this Agreement, and supersedes any other agreement or understanding of
the parties with respect to the matters herein contained. This Agreement may not be changed,
altered or modified except in writing signed by the party against whom enforcement of such a
change would be sought. This Agreement shall be binding upon the parties hereto and their
respective successors and assigns.
9. The preparation of this Agreement has been a joint effort of the parties and the
resulting documents shall not, solely as a matter of judicial construction, be construed more
severely against one of the parties than the other.
10. This Agreement and any amendments hereto (i) may be executed in any number
of counterparts, each of which, when executed, shall be deemed an original and all of which shall
be deemed one and the same instrument, and (ii) may be signed by electronic signature such as
facsimile transmission and such signatures shall be deemed to be original signatures.
11. Lauderdale Lakes, Tamarac and the Owner agree that this Agreement shall be
recorded in the Public Records of Broward County, Florida promptly after the execution of this
Agreement by Lauderdale Lakes, Tamarac and the Owner.
12. Lauderdale Lakes, Tamarac and the Owner will request that the Property
Appraiser acknowledge the terms of this Agreement and agree in a written confirmation to
apportion the taxable values for purposes of computing the municipal assessment rates for
Lauderdale Lakes and Tamarac as set forth in this Agreement.
3
24073087.6
29718.0008
[THIS SPACE INTENTIONALLY LEFT BLANK]
24073087.6
29718.0008
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and
year first above written.
WITNESSES:
Print Name: ✓ t Y -
P 'ntName:, Di5' lb-,trt1
ATTEST:
By: f1
Name: I'IG i , City Clerk
orm:
The foregoing instrument was acknowledged before me this 'or r,( , 2015, by
7t:-f Fnsj-Pc',,.1Z . , Mayor of the CITY OF LAUDERDALE LAKES, a
municipal corporation of Florida. He/She is personally known to me or produced
as identification.
(SEAL)
Notary Public, State of Florida
(Signature of Notary taking Acknowledgement)
Name of Not r ,; � i, W�WAtj
:.: Commission # FF 032469
Expires June 30, 2017
Boded Tixu Troy Fein Inwronoe 800,45-7019
Commission Number
- 7
Print Name: h1Z eavfle
Print Name:1. .
Apprqvgd as to Legal Form:
1/1 A
A V /A L z 4,
Office of the City A rney
STATE OF FLORIDA:
COUNTY OF BROWARD:
CITY OF TAMARAC
By:
Name: Harry Dressler, Mayor
ATTEST:
By: 6Q, Aftoomm
TAM,g9
Name: -)trq-1V 4 %�; �,� C:L .`��'�C;t�'Clerk' • 90�';
Vim.'
ESTA190
BL�SHE� n
:O;
The foregoing instrument was acknowledged before me this 4-2015, by
Mavor of the CITY OF TAMARAC, a municipal
corporation of Florida. H /She is personally known to e or produced
H / A as identification.
(SEAL)
jl�tmy�j
Notary Public, Sta e of Florida
(Signature of Notary taking Acknowledgement)
I
GAWLA O. GEWCYIGIT
* MY COMMISSION # FF2246% Name of Notary typed, printed WVqmped
EXPIRES: April 27, 2019
-.;.... ��� Banded Thru Budget NOWY Sery M
Commission Number
24073087.6
29718.0008
ATLANTIC CYPRESS CREEK, LLC
By.
Name: Howard-IFo en
Title: Authorized Signatory
STATE OF FLORIDA )
) SS:
COUNTY OF MtaN4)0� )
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State
aforesaid and in the County aforesaid to take acknowledgments, the foregoing instrument was
acknowledged before me by txm d b. (-pW the AAqpa' of
ATLANTIC CYPRESS CREEK, LLC, a limited liability company, freely and
voluntarily under authority duly vested in him/her by said company. He/she is personally known
to me or who has produced as identification.
WITNESS my hand and official seal in the County and State last aforesaid this IS day
of 7i , 2015.
(Au S• U t
Notary Public
Typed, printed or stamped name of Notary Public
My Commission Expires:
" GEMA S. LOPEZ
;r Notary Public -State of Florida
My Comm. Expires Jan 29, 2017
Commission # EE 869655
Bonded Through National Notary Assn.
7
24073087.6
29718.0008
EXkIIBIT "A"
The West 204.00 feet of the East 1061.35 feet of the North 991.0 feet of the Southwest One -
Quarter (SW 1/4) of Section 18, Township 49 South, Range 42 East, Broward County, Florida,
lying South of the South Right of Way line of West Commercial Boulevard (NW 50th Street).
LESS AND EXCEPT that portion thereof conveyed to State of Florida Department of
Transportation for Right of Way by Warranty Deed recorded in Official Records Book 31386,
Page 1070, of the Public Records of Broward County, Florida, being more particularly described
as follows:
A portion of the West 200.00 feet of the East 1061.35 feet of the North 991,00 feet of the
Southwest One -Quarter (SW 1/4) of Section 18, Township 49 South, Range 42 East, Broward
County, Florida, lying South of the South Right of Way line of West Commercial Boulevard
(NW 50tb Street), more particularly described as follows:
Beginning at the point where the South Right -of -Way line of West Commercial Boulevard (NW
50th Street) intersects the West line of said West 200 feet of the East 1061.35 feet of the North
991.0 feet of the Southwest One -Quarter (SW 1/4) of Section 18, Township 49 South, Range 42
East; thence North 8915641" East along the South Right -of --Way line of West Commercial
Boulevard, a distance of 189.43 feet to a point on the arc of a non -tangent curve concave to the
Southeast having a radial bearing of North 25°27'44" West; thence Southwesterly along the arc
of said curve, having a radius of 17.00 feet and a central angle of 66014'42", an arc distance of
19.65 feet to a point of tangency; thence South 01 °42'25" East, a distance of 1.89 feet; thence
South 88° 17134" West, a distance of 49.93 feet to a point on an arc of a non -tangent curve
concave to the Southwest having a radial bearing of North 60°44'36" Fast; thence Northwesterly
along the are of said curve having a radius of 17.00 feet and a central angle of 60"52'08", an are
distance of 18.06 feet to a point of tangency; thence South 89152'28" West, a distance of 73.46
feet; thence North 75148'06" West a distance of 42.88 feet to the POINT OF BEGINNING.
Said lands situate in the City of Tamarac, Broward County, Florida,
TOGETHER WITH:
All of Parcel "A", together with a portion of Parcels "B" and "C", HEADWAY OFFICE PARK,
according to the plat thereof, as recorded in Plat Book 125, Page 49, of the Public Records of
Broward County, Florida, described as follows:
Begin at the Northwest corner of said Parcel "A"; thence North 89°56'41" East along the North
boundary of said Parcel "A" and the North boundary of said Parcel "B", a distance of 1860.34
feet to the Northeast corner of said Parcel "B"; thence South 01 °43'21" East along the East
boundary of said Parcel "B", a distance of 540.64 feet; thence South 89°56'41" West along a line
540.42 feet South of and parallel with, when measured at right angles to, said Nardi boundary, a
distance of 1862.41 feet; thence North 01 °30'11" West along the West boundaries of said Parcels
"B" and "A", a distance of 540.58 feet to the POINT OF BEGINNING.
Said lands situate in the City of Lauderdale Lakes, Broward County, Florida
8
24073087.6
29718.0008
EXHIBIT B
LAUDERDALE LAKES PROPERTY
AEI of Parcel "A", together with a portion of Parcels "B" and"C", HEADWAY OFFICE PARK,
according to the plat thereof, as recorded in Plat Book 125, Page 49, of the Public Records of
Broward County, Florida, described as follows:
Begin at the Northwest corner of said Parcel "A"; thence North 89*56141" East along the North
boundary of said Parcel "A" and the North boundary of said Parcel "B", a distance of 1860.34
feet to the Northeast cornier of said Parcel "B"; thence South 01 °43'21" East along the East
boundary of said Parcel "B", a distance of 540.64 feet; thence South 89°56'41" West along a line
540.42 feet South of and parallel with, when measured at right angles to, said North boundary, a
distance of 1862.41 feet; thence North 01'°30'11 " West along the West boundaries of said Parcels
"B" and "A", a distance of 540.58 feet to the POINT OF BEGINNING.
Said lands situate in the City of Lauderdale Lakes, Broward County, Florida.
9
24073087.6
29718.0008
EXHIBIT C
TAMARAC PROPERTY
The West 200.00 feet of the East 1061.35 feet of the North 991.0 feet of the Southwest One -
Quarter (SW 1/4) of Section 18, Township 49 South, Range 42 East, Broward County, Florida,
lying South of the South Right of Way line of West Commercial Boulevard (NW 50th Street).
LESS AND EXCEPT that portion thereof conveyed to State of Florida Department of
Transportation for Right of Way by Warranty Deed recorded in Official Records Book 31386,
Page 1070, of the Public Records of Broward County, Florida, being more particularly described
as follows:
A portion of the West 200.00 feet of the East 1061.35 feet of the North 991.00 feet of the
Southwest One -Quarter (SW 1/4) of Section 18, Township 49 South, Range 42 East, Broward
County, Florida, lying South of the South Right of Way line of West Commercial Boulevard
(NW 50th Street), more particularly described as follows:
Beginning at the point where the South Right -of -Way line of West Commercial Boulevard (NW
50th Street) intersects the West line of said West 200 feet of the East 1061.35 feet of the Forth
991.0 feet of the Southwest One-Qwuler (SW 114) of Section 18, Township 49 South, Range 42
East; thence North 89056'41" East along the South Might -of -Way line of West Commercial
Boulevard, a distance of 189.43 feet to a point on the arc of a non -tangent curve concave to the
Southeast having a radial bearing of North 25 D27'44" West; thence Southwesterly along the arc
of said curve, having a radius of 17.00 feet and a central angle of 6611442", an are distance of
19.65 feet to a point of tangency; thence South 0I °42'25" East, a distance of 1.89 feet; thence
South 88° 17'34" West, a distance of 49.93 feet to a point on an arc of a non -tangent curve
concave to the Southwest having a radial bearing of North 60°44'36 East; thence Northwesterly
along the arc of said curve having a radius of 17.00 feet and a central angle of 60°52'08", an arc
distance of 18.06 feet to a point of tangency; thence South 89°52128" West, a distance of 73.46
feet; thence North 75°48'06" West a distance of 42.88 feet to the POINT OF BEGINNING.
Said lands situate in the City of Tamarac, Broward County, Florida.
10
24073087.6
29718.0008