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HomeMy WebLinkAboutCity of Tamarac Resolution R-2007-173Temp Reso #11308 — October 8, 2007 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2007- / 73 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, GRANTING A FIRST AMENDMENT TO THE WEST POINT DEVELOPMENT AGREEMENT TO ALLOW FOR AN INCREASE IN BUILDING HEIGHT FROM FIFTY FEET TO SIXTY THREE FEET FOR OFFICE, INDUSTRIAL/WAREHOUSE, AND COMMERCIAL STRUCTURES LOCATED IN THE WEST POINT CENTRE LOCATED SOUTH OF MCNAB ROAD, WEST OF NOB HILL ROAD, AND NORTH OF COMMERCIAL BOULEVARD; (CASE NO. 13-MI-07) PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on May 24, 1999, the City of Tamarac and West Pointe LLC, entered into a Development Agreement for the development of the West Point Centre; and WHEREAS, the development standards, attached to the Development Agreement provided for a maximum building height of fifty (50') feet for office, industrial/warehouse, and commercial structures; and WHEREAS, an amendment to the development standards to allow for an increase in height from fifty (50') feet to sixty three (63') feet has been requested by the applicant, TT of Lighthouse Point, Inc for office, industrial/warehouse, and commercial structures; and WHEREAS, the Director of Community Development recommends approval; and WHEREAS, the Planning Board recommended approval on October 17, 2007; and 1 Temp Reso #11308 — October 8, 2007 Page 2 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 allow an amendment to the development standard to allow for an increase in height from fifty (50') feet to sixty three (63') feet for office, i ndustri a I /warehouse, and commercial structures within the West Point Centre. 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: That the amendment to the development standard to allow for an increase in height from fifty (50') feet to sixty three (63') feet for office, industrial/warehouse, and commercial structures within the West Point Centre is HEREBY GRANTED. SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict.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 in application, it shall not affect the validity of the remaining portions or applications of this Resolution. I I SECTION 5: This Resolution shall become effective immediately upon its I Iadoption. PASSED, ADOPTED AND APPROVED this ATTEST: 'AA-11 I ( mARION SWENSON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. kMUEL S. FREN CITY AT12ORNEY I Temp Reso #11308 — October 8, 2007 Page 3 0��' day of Sd/e& 12007. F I d IMS 0; 51 A � � M I � bETH- FLANSBAUM TALABISCO VAYOR RECORD OF COMMISSION VOTE: MAYOR FLANSBAUM-TALABISCO 4A!�4-� DIST 1: COMM. PORTNER UeD DIST 2: COMM. ATKINS-GVADO'&A,.,/— DIST 3: V/M SULTANOF DIST 4: COMM. DRESSLER �kg-,v J, FIRST AMENDMENT TO DEVELOPMENT AGREEMENT BETWEEN WESTPOINTE LAND, LLC AND THE CITY OF TAMARAC THIS FIRST AMENDMENT to the Development Agreement dated May 24, 1999 between the City of Tamarac and West Pointe Land, LLC, is made and entered into this day of 4��, 2007, by and between: CITY OF TAMARAC, FLORIDA, a municipal corporation organized and operating pursuant to the laws of the State of Florida, with a business address of 7525 NW 88 tb Avenue, Tamarac, Florida (hereinafter referred to as the "CITY"); and TT OF LIGHTHOUSE POINT, INC., a Florida company, successor in interest to West Pointe Land, LLC, a Delaware limited liability company, having a mailing address at 515 East Las Olas Boulevard, Suite 900, Fort Lauderdale, Florida 33301 (hereinafter referred to as "TT"). CITY and TT may collectively be referred to as the "Parties". WITNESSETH WHEREAS, on May 24, 1999, the CITY and West Pointe Land, LLC, entered into a Development Agreement for the development of Westpoint Centre (hereinafter referred to as the "Development Agreement"); and WHEREAS, the development standards, attached to the Development Agreement as Exhibit "C", provided for a building height restriction of fifty (50) feet for office, industrial/warehouse, and cominercial structures; and WHEREAS, on August 25, 2003, West Pointe Land, LLC, executed a Special Warranty Deed transferring a portion of the property subject to the Development Agreement to TT. The portion of the property transferred to TT is more particularly described in Exhibit "A", attached hereto and incorporated here (hereinafter referred to as the "Property"); and WHEREAS, TT has petitioned the CITY to construct a structure on the Property, the height of which shall not exceed sixty three (63) feet; and WHEREAS, Section 163.3237, Florida Statutes, expressly provides, in relevant part, that a development agreement may be amended by mutual consent of the parties to the agreement or by their successors in interest; and WHEREAS, the CITY's Planning Department has reviewed TT's proposal and deems the construction of their proposed structure to be an appropriate use of the Property and in the best interest of the CITY; and I of 3 WHEREAS, the City Commission, on the recommendation of CITY Staff, considers it to be in the best interests of the citizens and residents of the City to aniend the Development Agreement to provide for a sixty three (63) foot height restriction on office, industrial/warehouse and coni-inercial structures on the Property. NOW THEREFORE, for and in consideration of the mutual covenants and other good valuable consideration, the Parties hereto agree as follows: SECTION 1: The foregoing "Whereas" clauses are hereby ratified as being true and correct, and incorporated herein. SECTION 2: The CITY and TT hereby agree to a sixty three (63) foot maximum height restriction -for office, industrial/warehouse and commercial structures located oil the Property, more particularly described in Exhibit "A", attached hereto and incorporated herein. SECTION 3: 'IT shall be responsible for all costs and fees associated with recording this First Amendment. SECTION 4: The Parties agree that to the extent that they are not in conflict with this First Amendment, the Development Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties have caused their duly authorized representatives to execute and seal this First Amendment on the dates set forth below. CITY OF TAMARAC, FLORIDA ff--4Wrsr0',',,Fnj MIN Wn-oz, 1711"TUNIM INN mof Le,;, DATE: ATTEST: MARION SWENSON, CITY CLERK APPROVFP AS TO FORM AND LEGAL SUFFICIENCY: /V /#N,,/ A A, I - (7/19-7�6?� SAMUtI., GOR�`*`/Cf -f ATTORNEY 2 of 3 WTTNE,9� , "', zx / � Print Name TT OF LIGHTHOUSE POINT, INC. A Florida Corporation By: Print Title: Date: CEICHFICATION The fo oirlig instrun�ipt was acknowledged b fore me on this day of 1�3 2007 by as for TT t�ff M Wy i (tot OF IA-'jHTHOUSE POINT, INC., on gehalf A the Corporation. He/she is pM09� to _W"r has produced as identification. NOTARY PUBLIC -STATE OF FLORIDA mt Jenria Marerra tary Publi , c C�MmisSion # DD478 100 F-Vims: OCT 03, 2009 SSrj/JC]H Ro ded Thn, Aflmdc Bonding Co., Inc, H:\2005\050164 TAM ARAC\AGMTMDevelopment Agreement (Westpoint Center - TT fo Sawgrass) First Arnerldment.doc 3 of 3