HomeMy WebLinkAboutCity of Tamarac Resolution R-2008-021Temp. Reso. #11359
February 13, 2008
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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
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Temp. Reso. #11359
February 13, 2008
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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.
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C
Temp. Reso. #11359
February 13, 2008
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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.
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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.
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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]
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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
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Assistant County Attorney
day of , 20
640
CITY
WITNESSES: CITY of Tamarac
ATTEST:
City Clerk
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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.
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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.
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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.
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