HomeMy WebLinkAboutCity of Tamarac Resolution R-2007-173Temp Reso #11308 — October 8, 2007
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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
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Temp Reso #11308 — October 8, 2007
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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
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0��' day of Sd/e& 12007.
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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
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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
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1711"TUNIM INN mof
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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
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WTTNE,9�
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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
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H:\2005\050164 TAM ARAC\AGMTMDevelopment Agreement (Westpoint Center - TT fo Sawgrass) First Arnerldment.doc
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