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HomeMy WebLinkAboutCity of Tamarac Resolution R-2008-021Temp. Reso. #11359 February 13, 2008 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2008-ZL A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO APPROVE AN AGREEMENT FOR AMENDMENT OF NOTATION ON THE "MULTI -PURPOSE CENTER PLAT" TO ACCURATELY REFLECT THE USE OF THE PLATTED PROPERTY AS SPECIFIED IN TRACT "A" OF THE MULTI -PURPOSE CENTER PLAT, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 145, PAGE 6 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA; LOCATED AT 7501 N. UNIVERSITY DRIVE (CASE NO. 50-MP-89); PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission has determined that the proposed Recreation Center Site Plan is in compliance with all elements of the Comprehensive Plan for the development that is the subject of the application; and WHEREAS, it is necessary to amend the note on the plat to reflect the use as specified in Tract "A" of the "Multi -Purpose Center Plat", according to the Plat thereof as recorded in Plat Book 145, Page 6 of the Public Records of Broward County, Florida (attached hereto as Exhibit "A" and Exhibit " B"); and WHEREAS, the Broward County Planning Board recommended approval of the amendment of notation on the Plat on December 11, 2007; and 1 1 Temp. Reso. #11359 February 13, 2008 Page 2 WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in the best interest of the citizens and residents of the City of Tamarac to approve this Agreement for Amendment of Notation on Plat (attached hereto as Exhibit "C"). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, THAT: 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: That the City Commission hereby approves the Agreement for Amendment of Notation on Plat to amend the note on the "Multi -Purpose Center Plat" in request to reflect the proposed use as specified in Tract "A" of the "Multi -Purpose Center Plat", according to the Plat thereof as recorded in Plat Book 145, Page 6 of the Public Records of Broward County, Florida. SECTION 3: All Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4: 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 5: This Resolution shall become effective immediately upon its passage and adoption. 1 C Temp. Reso. #11359 February 13, 2008 Page 3 PASSED, ADOPTED AND APPROVED this c)%lay of 4V--, _es: ATTEST: MARION SWE SON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. AMUEL S. GOREN CITY ATTORNEY wlenl- llx/lmil RECORD OF COMMISSION VOTE: MAYOR FLANSBAUM-TALABISCO .A-/ DIST 1: V/M PORTNER DIST 2: COMM ATKINS-G D l� DIST 3: COMM. SULTANOF DIST 4: COMM. DRESSLER Return recorded copy to: Development Management Division 115 S. Andrews Avenue, A240 Fort Lauderdale, FL 33301 Document prepared by: Janice Cabrera--Frias DeRose Design Consultants, Inc. 470 S. Andrews Ave., Ste. 206 Pompano Beach,FL 33069 AGREEMENT FOR AMENDMENT OF NOTATION ON PLAT This is an Agreement, made and entered into by and between: BROWARD COUNTY, a political subdivision of the. state of Florida, hereinafter referred to as "COUNTY," AND - The City of Tamarac ; a municipal corporation, created and existing under the laws of the State of Florida; its successors and assigns, hereinafter referred to as "CITY." WHEREAS, CITY is the owner of property shown on the Tamarac Multi -purpose plat, Plat No./Clerk's File No. 50-MP--89 , hereinafter re erred to as "PLAT," which PLAT or delegation request was approved by the Board of County Commissioners of Broward County on March 20 i9 ,90. and WHEREAS, a description of the platted area is attached hereto as Exhibit "A" and made a part hereof, and WHEREAS, CITY has determined there exists a need for an amendment to the Notation on the face of said PLAT; and 0 WHEREAS, the COUNTY has no objection to amending the notation and the Board of County Commissioners approved such an amendment at its meeting of December 11 1 20)7; NOW, THEREFORE, in consideration of the mutual terms, conditions and promises hereinafter set forth, the COUNTY and CITY agree as follows: 1.. The above recitals and representations are true and correct and are incorporated herein. CAF#358 01 /01 /02 2. COUNTY and CITY hereby agree that the notation shown on the face of the PLAT is hereby amended as set forth within Exhibit "B." 3. NOTICE. Whenever any of the parties desire to give notice to the other, such notice must be in writing, sent by U.S. Mail, postage prepaid, addressed to the party for whom it is intended at the place last specified; the place forgiving of notice shall remain such until it is changed by written notice in compliance with the provisions of this paragraph. For the present, the parties designate the following as the respective places for giving notice: For the COUNTY: Director, Development Management Division of Broward County 115 South Andrews Avenue, Room A240 Fort Lauderdale, FL 33301 For the CITY: City -of Tamarac,. 7525 N,W. 88th Avenue Tamarac, FL 33321 4. RECORDATION. This Agreement shall be recorded in the Public Records of Broward County Florida, at the CITY's expense. The benefits and obligations contained in this Agreement shall inure to grantees, successors, heirs, and assigns who -have an interest in the PLAT. 5. VENUE; CHOICE OF LAW. Any controversies or legal issues arising out of this Agreement 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 sitis, and shall be governed by the laws of the State of Florida. 6. NOTATIONS. All other notations on the face of the above referenced PLAT not amended by this Agreement shall remain in full force and effect. - 7. CHANGES TO FORM AGREEMENT. CITY represents and warrants that there have been no amendments or revisions whatsoeverto the form Agreement without the prior written consent of the CountyAttorney's Office. Any unapproved changes shall be deemed a default of this Agreement and of no legal effect. CAF#358 01ro1/02 2 8. CAPTIONS AND PARAGRAPH HEADINGS. Captions and paragraph headings contained in this. Agreement are for convenience and reference only and in no way define, describe, extend or limit the scope or intent of this Agreement, nor the intent of any provisions hereof. 9. NO WAIVER. No waiver of any provision of this Agreement shall be effective unless it is in writing, signed by the party against whom it is asserted, and any such written waiver shall only be applicable to the specific instance to which it relates and shall not be deemed to be a continuing or future waiver. 10. EXHIBITS. All Exhibits attached hereto contain additional terms of this Agreement and are incorporated herein by reference. Typewritten or handwritten provisions inserted in this Agreement or attached hereto shall control all printed provisions in conflict therewith. 11. FURTHER ASSURANCES. The parties hereby agree to execute, acknowledge and deliver and cause to be done, executed, acknowledged and delivered all further assurances and to perform such acts as shall reasonably be requested of them in order to carry out this Agreement. 12. ASSIGNMENT- AND- ASSUMPTION. CITY may assign all or any portion of its obligations pursuant to this Agreement to a grantee of the fee title to all or any portion of the property described in Exhibit "A." CITY agrees that any assignment shall contain a provision which clearly states that such assignment is subject to the obligations of this Agreement. 13. AMENDMENTS. No modification, amendment, or alteration in the terms or. conditions contained herein shall be effective unless contained in a written document prepared with the same or similar formality as this Agreement and executed by the COUNTY and CITY. [THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK] GAF#358 01 /01 /02 3 IN WITNESS WHEREOF, the COUNTY and CITY have made and executed this Agreement on the respective dates under each signature: BROWARD COUNTY through its Board of County Commissioners, acting by. and through its Mayor or Vice Mayor, authorized to execute same; and CITY, signing by and through its duly authorized to execute same. COUNTY ATTEST: BROWARD COUNTY, through its BOARD OF COUNTY COMMISSIONERS County Administrator and Ex- Officio Clerk of the Board of By County Commissioners of Mayor Broward County, Florida day of , 20_ Approved as to form by Office of County Attorney Broward County, Florida Government Center, Suite 423 115 South Andrews Avenue Fort Lauderdale, Florida 33301 Telephone: (954) 357-7600 Telecopier: (954) 357-6968 a CAF#358 01 /01 /02 4 Assistant County Attorney day of , 20 640 CITY WITNESSES: CITY of Tamarac ATTEST: City Clerk CAF#358 01 /01 /02 5 City attorney RYu1RIT "A" LEGAL DESCRIPTION Parcel "A", Tamarac Multi -Purpose. Center Plat, according to the Plat thereof as recorded in Plat Book 145, Page 6 of the Public Records of Broward County, Florida. Said lands situate, lying and being in Broward County, Florida. Subject to all easements, reservations and rights -of -way of record. CAF#358 01 /01 /02 6 EXHIBIT "B" AMENDMENT TO NOTATION ON PLAT The existing notation shown on the face of the PLAT clarifying and limiting the use of the platted property is amended from: This plat is restricted to 22,766 S.F. Community Center (16,466 proposed & 6,300 existing). The notation shown on the face of the PLAT clarifying and limiting the use of the platted property is amended to: This plat is restricted to a public park. CAF#358 01 /01 /02 7 EXHIBIT "B" - CONTINUED PLEASE CHECK THE APPROPRIATE BOX OR BOXES. [ x) Expiration of Finding of Adeguacy for Plat without An -Expiration of a Findir of Adeguacy notation or the Findins of Adequacy has expired. If a building permit for a principal building (excluding dry models, sales and construction offices) is not issued by December 11 , 20 1which date is five (5) years from the date of approval of this note amendment by Broward County, then the County's finding of adequacy shall expire and no additional building permits shall be issued for the amended uses until such time as Broward County makes a subsequent finding that the application satisfies the adequacy -requirements set forth within the Broward County Land Development Code. The owner. of the property shall be responsible for providing evidence to Broward County from the appropriate governmental entity, documenting compliance with this requirement within the above referenced time frame; and/or If construction of,project water lines; sewer lines,. drainage, and the rock base for internal roads are not installed by December 112012 which date is five (5) years from the date of approval of the application by Broward County, then the County's finding of adequacy shall expire and no additional building permits shall be Issued until such time as Broward County shall make a subsequent finding that the application satisfies theadequacy requirements set forth within this Article. This requirement may be satisfied for a phase of the project, provided a phasing plan has been approved by Broward County. The owner of the property or the agent of the owner shall be responsible for providing evidence to Broward County from the appropriate governmental entity, documenting compliance with this requirement within the above referenced time frame. [ xj Air Navigation Hazards. Any structure within this Plat shall comply.with Section IV D 1. f., Development Review Requirements. of the. Broward County Comprehensive Plan regarding hazards to air navigation. CAF#358 01 /01 /02 8