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Home My WebLink AboutCity of Tamarac Resolution R-2009-116Temp Reso #11675 August 17, 2009 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2009- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, APPROVING A DECLARATION OF RESTRICTIVE COVENANTS FOR LOTS 8-12,w, BLOCK 4, LYONS INDUSTRIAL PARK, AS RECORDED IN PLAT BOOK 71, PAGE 1, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA ATTACHED HERETO AS EXHIBIT "A" AND INCORPORATED HEREIN; PROVIDING FOR THE ASSIGNMENT OF TRANSPORTATION CONCURRENCY CREDITS TO THE TEMPLE BETH TORAH PROJECT ON LOTS 1-3, BLOCK 4, LYONS INDUSTRIAL PARK, AS RECORDED IN PLAT BOOK 71, PAGE 1, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA TO ALLOW THE CONSTRUCTION OF A 25,489 SQUARE FOOT WORSHIP FACILITY AND CLASSROOM BUILDING ALONG WITH ASSOCIATED PARKING, LANDSCAPING, AND INFRASTRUCTURE IMPROVEMENTS (CASE NO. 26-SP-08); PROVIDING FOR CONDITIONS OF APPROVAL; PROVIDING FOR RECORDATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on March 25, 2009 the City Commission approved an application for a Revised Development Order and New Development Site Plan for the Tamarac Jewish Center d/b/a Temple Beth Torah for development of a 25,489 square foot worship facility and classroom building along with associated parking, landscaping, and infrastructure improvements; and WHEREAS, a building permit for` the development to be located on Lots 1-3, Block 4, Lyons Industrial Park as recorded in Plat Book 71, Page 1 of the public records of Broward County, Florida cannot be issued until a Transportation Concurrency Satisfaction Certificate is issued by Broward County, Florida; and Temp Reso #11675 August 17, 2009 Page 2 WHEREAS, the Broward County Department of Planning and Environmental Protection determined that transportation concurrency fees are due prior to the issuance of the Transportation Concurrency Satisfaction Certificate; and WHEREAS, the congregation of Temple Beth Torah is requesting that the City of Tamarac assign its vested transportation concurrency credits from the property it currently owns at Lots 8-12, Block 4, Lyons Industrial Park, as recorded in Plat Book 71, Page 1, of the public records of Broward County, Florida to the new site; and WHEREAS, the Broward County Department of Planning and Environmental Protection is requiring that a Declaration of Restrictive Covenants be recorded which ensures that transportation concurrency credits associated with the existing Temple Beth Torah site not be used for future development on Lots 8-12, Lyons Industrial Park after assigned to new development on Lots 1-3, Lyons Industrial Park; and WHEREAS, the Director of Community Development recommends approval of the Declaration of Restrictive Covenants and subsequent assignment of transportation concurrency credits; and WHERAS, the City of Tamarac finds it to be in the best interest of the public to ensure that the credits are used before to maximum value and before expiration; and WHEREAS, the City Commission has determined that the request is in compliance with all elements of the Comprehensive Plan, or will be in compliance with all elements of the Comprehensive Plan; and WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in the best interests of the citizens and residents of the City of Tamarac to approve the Declaration of Restrictive Covenants. Temp Reso #11675 August 17, 2009 Page 3 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. All exhibits attached hereto are incorporated herein and made a specific part of this resolution. SECTION 2. That the City Commission of the City of Tamarac, Florida hereby approves the Declaration of Restrictive Covenants, attached hereto.as Exhibit "A", for Lots 8-12, Block 4, Lyons Industrial Park, Plat Book 71, Page 1 as recorded in the public records of Broward County, Florida. 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: 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 in application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 6: This Resolution shall become effective immediately upon its adoption. 1 Temp Reso #11676 August 17, 2009 Page 4 PASSED, ADOPTED AND APPROVED this .9 day of , 2009. BETH FLANSBAUM— ALABISCO MAYOR ATTEST: RECORD OF COMMISSION VOTE: MARION SWENSON, CMC MAYOR FLANSBAUM-TALABISCO CITY'CLERK DIST 1: COMM BUSHNELL DIST 2: VM ATKINS-GRAD DIST 3: COMM GLASSER DIST 4: COMM. DRESSLER I HEREBY CERTIFY that I have approved this RESOLUTION as to form. S MUEL S. GOREN rITY ATTORNEY 1 1 1 Document prepared by: Jacob G. Horowitz, Esquire Goren, Cherof, Doody & Ezrol, P.A. 3099 East Commercial Boulevard, Suite 200 Fort Lauderdale, Florida 33308 DECLARATION OF RESTRICTIVE COVENANTS THIS DECLARATION OF RESTRICTIVE COVENANTS is made this ckp day of � , 2009 by the City of Tamarac, Florida, a Florida municipal corporation (hereinafter referred to as "PROPERTY OWNER"). WITNESSETH WHEREAS, PROPERTY OWNER is the fee title owner of that certain real property located in Broward County, Florida, more particularly described as follows: Lots 8-12, Block 4, Lyons Industrial Park Plat, P.B. 71, Page 1, B.C.R. (hereinafter referred to as the "PROPERTY"); and NOW, THEREFORE, PROPERTY OWNER hereby declares that the Property shall be developed, held, maintained, transferred, sold, conveyed and owned subject to the following designations and restrictive covenants: RECITALS. The recitals set forth above are true and correct and are incorporated into these restrictive covenants. 2. RESTRICTIONS. (a) The PROPERTY OWNER shall apply vested transportation concurrency credits from the current Temple Beth Torah PROPERTY to the new property owned by Tamarac Jewish Center, Inc. further described as Lots 1-3, Block 4, as recorded in the Lyons Industrial Park Plat, P.B. 71, Page 1, B.C.R. (b) The PROPERTY OWNER shall not issue a certificate of occupancy on the PROPERTY once it has been vacated by Temple Beth Torah until the new developer/buyer/occupant of the PROPERTY has received a transportation concurrency certificate from Broward County Development and Environmental Regulation. (c) The PROPERTY OWNER agrees that once Temple Beth Torah vacates the PROPERTY, the PROPERTY shall not receive any additional transportation concurrency credits for the existing temple building(s). However, future redevelopment of the property may qualify for other types of credits which may be granted to the PROPERTY OWNER by Broward County pursuant to the Land Development Code. (d) The PROPERTY OWNER agrees that any refund of transportation concurrency fees associated with transportation concurrency fees paid by the new Temple Beth Torah to satisfy transportation concurrency, shall be refunded to Temple Beth Torah after the Temple vacates the PROPERTY with the appropriate documentation submitted to the Development and Environmental Regulation Division. 3. MODIFICATION AND TERMINATION. No revisions to or termination of the Declarations of Restrictive Covenants shall be permitted unless specifically approved by the City Commission of the City of Tamarac, Florida and the Director of the Broward County Development and Environmental Regulation Division of the Environmental Protection and Growth Management Department or designee. 4. COVENANT RUNNING WITH THE LAND. This Declaration of Restrictive Covenants shall be recorded in the Public Records of Broward County, Florida and shall run with the PROPERTY described herein and shall be binding on all persons and entities acquiring title to or use of the PROPERTY. S. ENFORCEMENT. The Temple Beth Torah and Broward County are the beneficiaries of these restrictive covenants. Temple Beth Torah or Broward County, through its Board of County Commissioners, may enforce these restrictive covenants by action at law or in equity against any person or persons, entity or entities, violating or attempting to violate the terms of these Restrictions. 6. WAIVER. Any failure by Broward County or Temple Beth Torah to enforce these restrictive covenants shall not be deemed a waiver of the right to do so thereafter. T INVALIDATION. Invalidation of any one of these restrictive covenants by judgment or court order shall in no way affect any other conditions which remain in full force an effect. EFFECTIVE DATE. The Declaration of Restrictive Covenants shall become effective upon its recordation in the Public Records of Broward County, Florida. IN WITNESSREOF, the City of Tamarac, Florida has hereunto set its authorized hand this 47day o , 2009. WITNESSES: 4::::� 42 � A-17 Print Name: Print Name: ATTEST 7 Marian Swenson, City Clerk CITY OF TAMARAC, FLORIDA, a Florida municipal corporation a'.� / � � ezz By: Beth Flansbaum-Talabisco, Mayor Executed this7. 2 1 day of ael.44, 2009. Executed thiseday of L009. H:1 QM0501M TAMARACtAGMTS\Dec. Restrictive Covenants - Temple Property.doc