HomeMy WebLinkAboutCity of Tamarac Resolution R-2014-037Temp. Reso. # 12475
April 9, 2014
Page 1 of 3
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. 2014 - 3
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA, APPROVING THE
INTERLOCAL AGREEMENT FOR THE MONITORING OF
DEVELOPMENT ACTIVITY AND ENFORCEMENT OF
PERMITTED LAND USES IN THE LOCAL ACTIVITY
CENTER BETWEEN THE CITY OF TAMARAC AND
BROWARD COUNTY, ATTACHED HERETO AND
INCORPORATED HEREIN; AUTHORIZING AND
DIRECTING THE CITY MANAGER, OR HIS DESIGNEE,
TO TAKE ANY AND ALL ACTION NECESSARY TO
EFFECTUATE THE INTENT OF THIS RESOLUTION;
PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City is seeking to develop the Property which is generally
located north of Commercial Boulevard, west of University Drive, and east of SW 94th
Avenue, (the "Property") as further depicted on the map attached hereto as Exhibit "A";
and
WHEREAS, the City established the Tamarac Local Activity Center ("LAC") land
use designation in the same area as the Property; and
WHEREAS, pursuant to the requirements of the Broward County Land Use Plan,
the City and Broward County desire to provide that the monitoring of development
activity and the enforcement of permitted land uses within the LAC shall be the
responsibility of CITY; and
WHEREAS, in order to
provide - for an understanding as to the City's
responsibilities, the City and County desire to enter into the Interlocal Agreement for the
Monitoring of Development Activity and Enforcement of Permitted Land Uses in Local
Activity Center (the "ILA"), a copy of which is attached hereto as Exhibit "B"; and
Temp. Reso. # 12475
April 9, 2014
Page 2 of 3
WHEREAS, the City's professional staff has reviewed the ILA attached hereto as
Exhibit "B", and recommends the execution of the same; and
WHEREAS, the City Commission finds that entering into the ILA attached hereto
as Exhibit "B" and incorporated herein, is in the best interests of the citizens and
residents of the City.
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 and all exhibits referenced and attached hereto are incorporated herein and
made a specific part of this resolution..
Section 2. The City Commission hereby approves the ILA between the City of
Tamarac and Broward County, attached hereto as Exhibit "B" and incorporated herein.
Section 3. The City Commission hereby further authorizes and directs the City
Manager, or his designee, to take any and all action necessary to effectuate the intent
of this resolution.
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.
and adoption.
Temp. Reso. # 12475
April 9, 2014
Page 3 of 3
This Resolution shall become effective immediately upon its passage
PASSED AND ADOPTED BY THE CITY COMMISSION OF THE CITY OF TAMARAC,
FLORIDA THIS 4AY OF , 2014.
%'v' 71 -
CITY OF TAMARAC, FLORIDA
HAhhY'4DRESSLER,
MAYOR
ATTEST:
PATRICIA TEUF
CITY CLERK
,CMC
RECORD OF COMMISSION VOTE:
MAYOR DRESSLER
DIST 1: COMM. BUSHNELL
DIST 2: V/M GOMEZ
DIST 3: COMM. GLASSER
DIST 4: COMM. PLACKO
HEREBY CERTIFY THAT I HAVE
APPROVED THIS RESOLUTION
AS TO -FORM:
�SAMU L S. GORE
CITY ATTORNEY
No Text
Nr
Return recorded document to:
Maite Azcoitia, Deputy County Attorney
Broward County Attorney's Office
115 S. Andrews Avenue, Rm 423
Ft. Lauderdale, FL 33301
Document prepared by:
Maite Azcoitia, Deputy County Attorney
Broward County Attorney's Office
115 S. Andrews Avenue, Rm 423
Ft. Lauderdale, FL 33301
INSTR # 11234481
a. 7
DEPUTY CLERK 2085
INTERLOCAL AGREEMENT FOR THE
MONITORING OF DEVELOPMENT ACTIVITY AND
ENFORCEMENT OF PERMITTED LAND USES
IN LOCAL ACTIVITY CENTER
This is an Interlocal Agreement, made and entered into by and between:
BROWARD COUNTY, a political subdivision of the state of Florida, hereinafter referred to
as "COUNTY,"
CITY OF TAMARAC, a Florida municipal corporation, created and existing under the
laws of the state of Florida, hereinafter referred to as "CITY."
WHEREAS, this
Agreement
is entered
into pursuant to Section
163.01, Florida
Statutes,
also
known as
the
"Florida
Interlocal
Cooperation
Act of
1969";
and
WHEREAS, it is the purpose and intent of the parties to this Interlocal Agreement, to
permit COUNTY and CITY to make the most efficient use of their respective powers,
resources, and capabilities by enabling them to cooperate on the basis of mutual
advantage and thereby accomplish the objectives provided for herein in the manner that
will best accord with the existing resources available to each of them and with the needs
and developments within their respective jurisdictions; and
WHEREAS, the density and intensity of land uses permitted within each Local
Activity Center (LAC) is specified within the Broward County Land Use Plan; and
WHEREAS, CITY has the Tamarac LAC within its jurisdiction; and
WHEREAS, pursuant to the requirements of the Broward County Land Use Plan,
CITY and COUNTY wish to provide that the monitoring of development activity and the
enforcement of permitted land uses shall be the responsibility of CITY, NOW,
THEREFORE,
Approved BCC
Submitted By _C1:1. IIJ,
RETURN TO D C MITT C NTPOL
IN CONSIDERATION of the mutual terms, conditions, promises, covenants, and
payments hereinafter set forth, COUNTY and CITY agree as follows:
ARTICLE 1
BACKGROUND: PURPOSE AND INTENT
1.1 The above recitals are true and correct and incorporated herein as if set forth in full
hereunder.
1.2 It is the purpose and intent of this Interlocal Agreement for COUNTY and CITY,
pursuant to Section 163.01, Florida Statutes, as amended, to cooperate and provide
for a means by which each governmental entity may exercise its respective powers,
privileges, and authorities which they share in common and which each might
exercise separately in order to further a common goal.
ARTICLE 2
MONITORING OF DEVELOPMENT ACTIVITY
2.1 CITY agrees to monitor development activity and to enforce permitted land use
densities and intensities within the LAC consistent with the effective land use plan
as certified by the Broward County Planning Council.
2.2 CITY agrees to submit quarterly reports to the Broward County Planning Council
setting forth its monitoring and enforcement activities within the LAC to enable
COUNTY to ensure that the density and intensity of land uses within the LAC are
being complied with by CITY.
ARTICLE 3
INDEMNIFICATION
CITY is a state agency as defined in Chapter 768.28, Florida Statutes, as amended, and
COUNTY is a political subdivision of the state of Florida. Each agrees to be fully
responsible for acts and omissions of their elected officials, agents, or employees to the
extent permitted by law. Nothing herein is intended to serve as a waiver of sovereign
immunity by any party to which sovereign immunity may be applicable. Nothing herein
shall be construed as consent by a state agency or political subdivision of the state of
Florida to be sued by third parties in any matter arising out of this Agreement or any other
contract.
ARTICLE 4
MISCELLANEOUS
4.1 Joint Preparation: The preparation of this Interlocal Agreement has been a joint
effort of the parties hereto and the resulting document shall not, solely as a matter
of judicial construction, be construed more severely against one of the parties than
the other.
t 1
1
4.2 Entire Agreement and Modification: This Interlocal Agreement incorporates,
supersedes, and includes all prior negotiations, correspondence, conversations,
agreements, or understanding applicable to the matter contained herein. It is
further agreed that no change, alteration, or modification in the terms and conditions
contained herein shall be effective unless contained in a written document executed
with the same formality and of equal dignity herewith.
4.3 Records: In accordance with the Public Records Law, CITY agrees to permit
COUNTY to examine all records and grants COUNTY the right to audit any books,
documents and papers that were generated during the course of administration of
the LAC. CITY shall maintain the records, books, documents, and papers
associated with this Interlocal Agreement in accordance with the Public Records
Act.
4.4 Recordation/Filing:
This Agreement shall be
recorded
in the public records of
Broward County, in
accordance with the Florida
Interlocal
Cooperation Act of 1969.
4.5 Default: In the event of any default or breach of any of the terms of this Interlocal
Agreement, it is specifically acknowledged and agreed that either party shall, in
addition to all other remedies which may be available in law or equity, have the right
to enforce this Interlocal Agreement by specific performance, injunctive relief,
prohibition or mandamus to compel the other party to abide by the terms of this
Interlocal Agreement.
4.6 Notices: Whenever either party desires to give notice unto the other, such notice
must be in writing, sent by certified United States mail, return receipt requested,
addressed to the party for whom it is intended at the place last specified; and the
place for giving of notice shall remain such until it shall have been changed by
written notice in with the provisions of this paragraph. For the present,
the parties designate the following as the respective places for giving of notice:
FOR COUNTY:
Administrator
Broward County Planning Council
115 S. Andrews Avenue, Rm. 307
Fort Lauderdale, Florida 33301-4801
FOR. CITY:
City Manager
City of Tamarac
7525 NW 88 Avenue
Tamarac, Florida 33321
4.7 Choice of Law; Waiver of Jury Trial: Any controversies or legal problems arising out
of this transaction and any action involving the enforcement or interpretation of any
rights hereunder shall be submitted to the jurisdiction of the state courts of the
Seventeenth Judicial Circuit of Broward County, Florida, the venue situs, and shall
be governed by the laws of the state of Florida. To encourage prompt and equitable
resolution of any litigation that may arise hereunder, each party hereby waives any
rights it may have to a trial by jury of any such litigation.
4.8 Conflict: In the event that this Interlocal Agreement conflicts with any other
agreement pertaining to the monitoring of development activity and the enforcement
of the density or intensity of permitted land uses within the LAC, CITY, and
COUNTY agree that the terms and conditions contained in this Interlocal Agreement
shall prevail.
4.9 Counterpart Originals: The parties agree that this Agreement may be executed in
counterparts, and that collectively the counterparts shall be considered an original
agreement and shall be deemed legally sufficient and binding upon the parties.
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0
1
1 ,
IN WITNESS WHEREOF, the parties have made and executed this Interlocal Agree-
ment on the respective dates under each signature: BROWARD COUNTY through its
BOARD OF COUNTY COMMISSIONERS, signing by and through it Mayor orVice Mayor,
authorized to execute same b Board action on the l day of , 20 14 ,
y y
and CITY OF TAMARAC, signing by and through its k4w o'Z , duly
authorized to execute same.
ATTEST:
Co&Kty AdministratoKand
Ex-Officio Clerk of
the Board of County
Commissioners of Broward
County, Florida
COUNTY
BROWARD COUNTY, through its
Board of County Commissioners
Z
day of -: , 20
Approved as to form by
Office of the Broward County Attorney
Joni Armstrong Coffey, County Attorney
Governmental Center, Suite 423
115 South Andrews Avenue
Fort Lauderdale, Florida 33301
Telephone: (954) 357-7600
Telecopier: (954) 357-6968
MW
Maite Azcoitia (Date)
Deputy County Attorney
(000 12484. DOC 21
5
INTERLOCAL AGREEMENT FOR MONITORING OF DEVELOPMENT ACTIVITY AND
ENFORCEMENT OF PERMITTED LAND USES IN LOCAL ACTIVITY CENTER
CITY
WITNESSES:
ATTEST:
MA/g m b
2/14/14
LACTamarac-a01.doc
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CITY OF TAMARAC
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Mayor -Commissioner
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APPROVED AS TO FORM:
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No Text