HomeMy WebLinkAboutCity of Tamarac Resolution R-2014-038CITY OF TAMARAC, FLORIDA
RESOLUTION NO. 2014
39
Temp. Reso. No. 12479
April 9, 2014
Page 1 of 3
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
TAMARAC, FLORIDA, APPROVING ' THE DECLARATION OF
RESTRICTIVE COVENANTS FOR THE TAMARAC VILLAGE LOCAL
ACTIVITY CENTER ("LAC"), ATTACHED HERETO, AND
INCORPORATED HEREIN, AS REQUIRED BY BROWARD COUNTY,
TO OFFSET TRAFFIC IMPACTS ASSOCIATED WITH THE LAND USE
PLAN AMENDMENT FOR THE PROPERTY CONTAINED WITHIN THE
TAMARAC VILLAGE LAC; 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 94tn
Avenue, (the "Property") as further depicted on the map attached hereto as Exhibit "A";
and
WHEREAS, the City made application to Broward County for a change to the
Land Use Designation under the County Land Use Plan for the Property from 121.45
acres of Commercial, 6.67 acres of Community Facilities, 3.21 acres of Recreation and
Open Space and 2.24 acres of Low (5) Residential to Local Activity Center (the "Land
Use Amendment"); and
WHEREAS, in an effort to mitigate the impacts of the proposed Land Use
Amendment and to recertify the Comprehensive Plan of the City, Declarant ("City") has
agreed to place certain restrictions on the development of the Property as set forth in
the Declaration of Restrictive Covenants, which is attached hereto as Exhibit "B"; and
Temp. Reso. No. 12479
April 9, 2014
Page 2of3
WHEREAS, the City's professional staff has reviewed the Declaration of
Restrictive Covenants attached hereto as Exhibit "B", and recommends the execution of
the same; and
WHEREAS, the City Commission finds that executing and recording the
Declaration of Restrictive Covenants, 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.
Section 2. The City Commission hereby approves the Declaration of
Restrictive Covenants for the Tamarac Village LAC, which is 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, including the recording of the Declaration of Restrictive Covenants in
the public records of Broward County.
Section 4. All resolutions or parts of resolutions in conflict herewith are hereby
repealed to the extent of such conflict.
,
Temp. Reso. No. 12479
April 9, 2014
Page 3 of 3
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.
PASSED
FLORIDA
ATTEST:
This Resolution shall become effective immediately upon its passage
AND ADOPTED
THIS #DAY
PATRICIA TEUFEL
CITY CLERK
BY THE CITY COMMISSION OF THE CITY OF TAMARAC,
r
CITY OF TAMARAC FLORIDA
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RECORD OF COMMISSION VOTE:
MAYOR DRESSLER
DIST 1: COMM. BUSHNELL
DIST 2: WM GOMEZ
DIST 3: COMM. GLASSER
DIST 4: COMM. PLACKO
I HEREBY CERTIFY THAT I HAVE
APPROVED THIS RESOLUTION
AS TO FORM:
XWEL S. GOREN,
ITY ATTORNEY
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Prepared by and return to:
Name:
Address:
SPACE ABOVE THIS LINE FOR PROCESSING DATA
DECLARATION OF RESTRICTIVE COVENANTS
4ThiDE LARATION OF RESTRICTI
day of , 20 j�L by
for the benefit of BROWARD COUNTY, FLC
("County").
4.0--
VNANTS ("Declaration") is made this
i�l.'�/��'� ("Declarant")
A, a political subdivision of the State of Florida
WIT NESSETH:
WHEREAS, the Tamarac Village Local Activity Center includes approximately 133.57
acres of land located within the City of Tamarac ("City"), as more particularly described in
Exhibit "A", which is attached hereto and made a part hereof ("Property"); and
WHEREAS, Declarant made an application to County to change the Property's land use
designation under the County Land Use Plan (Application PC 10-12) from 121.45 acres of
Commercial, 6.67 acres of Community Facilities, 3.21 acres of Recreation and Open Space and
2.24 acres of Low (5) Residential to Local Activity Center ("Land Use Amendment"); and
WHEREAS, in an effort to mitigate the impacts of the proposed Land Use Amendment,
Declarant has agreed to place certain restrictions on the development of the Property as set
forth below.
NOW, THEREFORE, in consideration of the promises and covenants herein contained,
Declarant hereby declares that the Property shall be owned, held, used, transferred, sold,
conveyed, demised and occupied subject to the covenants, restrictions, and regulations
hereinafter set forth, all of which shall run with such property and any part thereof and which
shall be binding upon all parties having any right, title or interest in such property or any part
thereof, their heirs, successors and assigns.
1. Recitals. The recitals set forth above are true and correct and are incorporated herein
by reference.
2. Property Development. Development of the Property is hereby restricted to those uses
permitted in the City and County "Tamarac Village Local Activity Center" Land Use Plan
designation: 875 Mid -rise units, 700 Garden Apartments, 300 Townhouse units, 122.4 acres of
Commercial use, 7.96 acres of Community Facilities use and 3.21 acres (minimum) of
Recreation and Open Space.
3. Traffic Mitigation. Declarant shall mitigate the impacts of the Land Use Amendment in
the following manner:
J00013775.D0CX ) Page 1 of 5
a) Proportionate share contribution. Declarant shall pay to County a Transportation
Mitigation Fee of Two Hundred Eighty-five Thousand, Eight Hundred Thirty-three
Dollars ($285,833), for the installation of improvements included as part of the
County's Signalization Engineering Improvements (SEI) capital program to mitigate
the traffic impacts of Land Use Plan Amendment PC 10-12 (Tamarac LAC).
Payment shall be made during the review of construction plans submitted for County
environmental review approval prior to the issuance of a building permit for any
development within the boundaries of Land Use Plan Amendment PC 10-12
(Tamarac Village LAC). This amount shall be adjusted every October 1 by the
amount of change reflected for previous twelve (12) month period in the Implicit Price
Deflator of the Gross National Product prepared by the United States Department of
Commerce Bureau of Economic Analysis. This obligation may also be satisfied at
any time prior to county environmental review approval by paying the total mitigation
amount as adjusted annually. The Declarant's contribution shall be applied to SEI
improvements along any of the following roadway segments in the vicinity of the
amendment site as determined by the County:
• Commercial Boulevard from Sawgrass Expressway to SR 7
• McNab Road from Nob Hill Road to SR 7
• Oakland Park Boulevard from Sawgrass Expressway to SR 7
• Nob Hill Road from Oakland Park Boulevard to Atlantic Boulevard
• Pine Island Road from Oakland Park Boulevard to Atlantic Boulevard
• University Drive from Oakland Park Boulevard to Atlantic Boulevard
b) Impact/Concurrencv fees. The above mitigation improvements are in addition to
the payment of any applicable transportation concurrency impact fees in effect at
the time Declarant submits its construction plans for approval by the County.
5. Amendments, Releases and Termination. This Declaration shall not be modified,
amended or released as to any portion of the Property except by written instrument, executed
by the then owner or owners of the portion of the Property affected by such modification,
amendment, or release and approved in writing by County. The appropriate governmental
authority of County shall execute a written instrument effectuating and acknowledging such
modification, amendment or release. Any amendment, modification or release of this covenant
shall be recorded in the Public Records of Broward County, Florida.
6. Recordation and Effective Date. This Declaration shall not become effective and shall
not be recorded in the Public Records of Broward County, Florida, until after all necessary
approvals by County of the requested application and the expiration of all appeal periods or, if
an appeal is filed, the conclusion of such appeal in a manner that does not affect County's
approval of the application. Once recorded, this Declaration shall run with the land for the sole
benefit of County and shall bind all successors -in -interest with respect to the Property. This
covenant shall not give rise to any other cause of action by any parties than County, and no
parties other than County shall be entitled to enforce Sections 3a) and 3b) above of this
covenant. Any failure by County to enforce this Declaration shall not be deemed a waiver of the
right to do so thereafter.
(00013775.DOCX ) Page 2 of 5
7. Severability. If any court of competent jurisdiction shall declare any section, paragraph
or part of this Declarant invalid or unenforceable, then such judgment or decree shall have no
effect on the enforcement or validity of any other section, paragraph, or part hereof , and the
same shall remain in full force and effect.
8. Captions, Headinqs and Titles. Articles and paragraph captions, headings and titles
inserted throughout this covenant are intended as a matter of convenience only and in no way
shall such caption, heading or titles define, limit or in any way affect the subject matter or any of
the terms and provisions thereunder or the terms and provisions of this covenant.
9. Governing Law. This Declaration shall be governed by and construed in accordance
with the laws of the State of Florida and venue for any litigation arising hereunder shall lie in the
Seventeenth Judicial Circuit in and for Broward County, Florida.
10. Notice. Any notice required or permitted to be given hereunder shall be in writing and
may be given by personal delivery or by certified mail, return receipt requested, postage prepaid
to the address of the Property owner as reflected on the tax assessor's records for the affected
Property.
{00013775.DOCX } Page 3 of 5
IN WITNESS WHEREOF, Declarant has executed this Declaration on the day first
above written.
SES:
ignature
DECLARANT:
City of Ta
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STATE OF •
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COUNTY OF cam, �, 11 0
ire
The
201 " ,
of said
reg ing instrument was acknowledged before me this S day of Mot-.c..� ,
by #Orq as Pau AA of QA;�u freely and voluntarily on behalf
)4�&*&c-He is personally known to me or has produced N%� as
identification cW is known to me personally.
Connftw # BE 129700
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an d1d7NV7*F* a ion
Notary Public Vcw,
Typed, printed or stamped name of Notary Public
My Commission Expires:
100013775.DOCX } Page 4 of 5
EXHIBIT A
THE PROPERTY
(Sketch)
100013775.DOCX) Page 5 of 5
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