HomeMy WebLinkAboutCity of Tamarac Resolution R-2004-005n
Temp Reso #10314 — December 22, 2003
Page 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2004- 05
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF TAMARAC, FLORIDA,
AUTHORIZING THE EXECUTION OF THE
"AMENDMENT TO REQUIRED IMPROVEMENTS
AGREEMENT" BETWEEN BROWARD COUNTY,
PRESTIGE HOMES OF SOUTH FLORIDA, INC.
AND THE CITY OF TAMARAC FOR REQUIRED
IMPROVEMENTS (AS DESCRIBED IN EXHIBIT
"B-1") RELATING TO "SOUTHGATE AT NOB
HILL PLAT' LOCATED ON THE SOUTHEAST
CORNER OF NOB HILL ROAD AND
SOUTHGATE BOULEVARD (CASE NO. 1-AP-
04); PROVIDING FOR CONFLICTS; PROVIDING
FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, at its meeting of December 9, 1998, the City Commission of the City of
Tamarac issued Development Order No. 310 and granted a Plat Request to plat a property
to be known as "Southgate at Nob Hill Plat", described as Parcel "A" of the "Southgate at
Nab Hill Plat", according to the Plat thereof as recorded in Plat Book 170, Pages 40 and
41 of the Public Records of Broward County, Florida; and
WHEREAS, the Broward County Code of Ordinances requires that the regional
transportation network be adequate to serve the reasonably projected needs of proposed
developments; and
WHEREAS, the parties desire to enter into the "Amendment to Required
Improvements Agreement" (attached hereto as Exhibit 1") to amend the property areas
within the map and/or the required improvements as described in Exhibit "B-1" relating to
"Southgate at Nab Hill Plat"; and
Temp Reso #10314 — December 22, 2003
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WHEREAS, pursuant to the Agreement, the City of Tamarac agrees to not issue a
Certificate of Occupancy for any development within "Southgate at Nob Hill Plat" until
written confirmation has been received from Broward County indicating the required
payment for the agreed upon improvements has been received; and
WHEREAS, the Director of Community Development recommends approval; 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 authorize the
execution of the "Amendment to Required Improvements Agreement" between Broward
County, Prestige Homes of South Florida, Inc. and the City of Tamarac for required
improvements (as described in Exhibit "B-1" of Exhibit 1" attached hereto) relating to
"Southgate at Nob Hill Plat" located on the southeast corner of Nob Hill Road and
Southgate Boulevard.
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.
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1
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Temp Reso #10314 -- December 22, 2003
Page 3
SECTION 2: That the appropriate City Officials are hereby authorized to
execute the "Amendment to Required Improvements Agreement" between Broward
County, Prestige Homes of South Florida, Inc., and the City of Tamarac for required
improvements relating to "Southgate at Nob Hill Plat" (attached hereto as Exhibit "B-1" of
Exhibit 1 ")
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:
passage and adoption.
Temp Reso #10314 — December 22, 2003
Page 4
This Resolution shall become effective immediately upon its
PASSED, ADOPTED AND APPROVED this 141" day of January, 2004.
ATTEST:
MARION SWENSON, CMC
CITY CLERK
I HEREBY CERTIFY that
I have approved this
RESOLUTION as to form.
MITC EH L4 'S. DRAFT
CITY AtTOA'NEY
commdev\u:\pats\userdata\wpdata\res\10314reso
JOE SCHREIBER
MAYOR
RECORD OF COMMISSION VOTE:
MAYOR SCHREIBER
DIST 1: COMM. PORTNER
DIST 2: COMM. FLANSBAUM-TALABI CO
DIST 3: COMM. SULTANOF
DIST 4: V/M ROBERTS A
J
u
1
EXHIBIT 11"
Return recorded copy to:
TEMP RESO #10314
Broward County Engineering division
1 North University Drive, Suite 300E
Plantation, FL 33324-2038
Document prepared by:
Donna C. West
Carnahan —Proctor —Cross, Inc.
6101 West Atlantic Blvd.
Margate, FL. 33063
AMENDMENT TO
REQUIRED IMPROVEMENTS AGREEMENT
This is an Amendment to 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
PRESTIGE HOMES OF SOUTH FLORIDA, INC., hereinafter referred to as
"DEVELOPER," its successors and assigns.
[AND IF THE PROPERTY IS LOCATED WITHIN A MUNICIPALITY]
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, DEVELOPER's Project, hereinafter referred to as the "Project," was
approved by the COUNTY on November 16 1009Development Management
Division File No, o58-rp-98 and is described in EXHIBIT "A" attached hereto and
incorporated herein; and
WHEREAS, the parties subsequently entered into a Required Improvements
Agreement which is recorded in Official Records Book 31627 , Page 1537 , of the
Public Records of Broward County, Florida, hereinafter referred to as "AGREEMENT"; and
WHEREAS, on November 18 , 2003, COUNTY approved a request by the
DEVELOPER to amend the property areas within the map and/or the required
improvements as described in EXHIBIT "A-1" and EXHIBIT "B-1 "; NOW, THEREFORE,
IN CONSIDERATION of the mutual terms, conditions, promises, and payments
hereinafter set forth, the parties agree as'follows:ft
CArm45 1
.T
01 JC V02
The above recitals and representations are true and correct and are incorporated
herein.
2. PLEASE CHECK THE APPROPRIATE SECTION(S) BELOW.
[ ] Exhibit "A" of the existing AGREEMENT is hereby amended to include a revised
map attached hereto as EXHIBIT "A-1."
[x] Exhibit "B" of the existing AGREEMENT is hereby deleted in its entirety and
replaced byan amended required improvements attached heretoas EXHIBIT"B-1."
[ x] The amount in Paragraph 4(b) of the existing AGREEMENT is hereby amended to
read: $
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 for giving 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:
Irem iTA[0i0]LIk CA
Director of the Broward County Engineering Division
1 North University Drive, Suite 300B
Plantation, FL 33324-2038
For the DEVELOPER:
Prestige Homes of South Florida, Inc.
1750 University Drive
Coral Springs, FL. 33071
4. RECORDATION. This Amendment to Agreement shall be recorded in the Public
Records of Broward County Florida, at the DEVELOPER'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.
CAF#451
01 /01 /02 2
6. CHANGES TO FORM AGREEMENT. DEVELOPER represents and warrants that
there have been no amendments or revisions whatsoever to the form Amendment
to Agreement without the prior written consent of the County Attorney's Office. Any
unapproved changes shall be deemed a default of this Agreement and of no legal
effect.
7. 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.
8. 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.
9. 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.
10. 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 Amendment and the existing Agreement.
11. ASSIGNMENT AND ASSUMPTION. DEVELOPER 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." DEVELOPER agrees that any
assignment shall contain a provision which clearly states that such assignment is
subject to the obligations of this Agreement.
12. Except as amended herein, all other terms and conditions of the existing
AGREEMENT shall remain in full force and effect.
[THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK]
CAF#451
01/01/02 3
IN WITNESS WHEREOF, the parties hereto have made and executed this
Agreement on the respective dates under each signature; BROWARD COUNTY through
its BOARD OF COUNTY COMMISSIONERS, signing by and through its Chair and Vice
Chair, authorized to execute same by Board action on the day of
20_, and , through its duly authorized
representative to execute same.
ATTEST:
County Administrator and Ex-
Officio Clerk of the Board of
County Commissioners of
Broward County, Florida
COUNTY
BROWARD COUNTY, through its
BOARD OF COUNTY COMMISSIONERS
M
day of
,20
Approved as to form by
Office of County Attorney
Broward County, Florida
Governmental Center, Suite 423
115 South Andrews Avenue
Fort Lauderdale, Florida 33301
Telephone: (954) 357-7600
Telecopier: (954) 357-6968
Assistant County Attorney
day of
CAF#451
01 /01 /02 4
c
Chair
DEVELOPER-CORPORATION/PARTNERSHIP
Witnesses (if partnership):
(Signature)
Print name: 0. `%,len
(Signature)
Print nameS
ATTEST (if corporation):
PRESTIGE HOMES OF SOUTH FLORIDA2 INC.
Nam/If Developer corporation/partnership)
By
(Sig re)
Print name: Bruce Chait
Title: President
Address: 1750 University Drive
Coral Springs, FL. 33071
2rx1 day of r , 2003
_ (CORPORATE SEAL)
(Secretary Signature)
Print Name of Secretary: o�erT Canner`
ACKNOWLEDGMENT - CORPORATION/PARTNERSHIP
STATE OF Florida )
) SS.
COUNTY OF VCDYJard )
The foregoing
instrument was
acknowledged
before me this a day of
ce
20 a5 by ,
Bruce Chait
as of
o
1,4LFl�r;,nl� , a
100-1 d QA._
corporation/partnership, on behalf of
the corporation/ partnership. He or she is:
[ ✓1personally known to me, or
[ ]produced identification. Type of identification produced
NOTARY PUBLIC:
(Seal)
My commission expires: Print/lame,
CotuoiWon # CC 945W rosAu,. " Eapi2 2004
4
CAF#451 -
01 /01 /02
EXHIBIT " E-l"
REMISED PHASING SCHEDULE
IMPROVEMENT
COMPLETION DATE
STAFF RECOMMENDATION NO, 8
Shall be completed prior to issuance of any
Northbound right turn lane on Nab Hill Road at
Certificates of Occupancy.
Southgate Boulevard.
STAFF RECOMMENDATION NO. 10A
Shall be completed prior to issuance of any
Sidewalk construction along Southgate
Certificates of Occupancy.
Boulevard adjacent to the plat, displaced by
construction of the northbound right turn lane.
STAFF RECOMMENDATION NO. 14
Shall be completed prior to issuance of any
Pavement marking and signs.
Certificates of Occupancy.
CAF#4S 1
01/01/02
IN WITNESS WHEREOF, BROWARD COUNTY, the CITY AND DEVELOPER have
made and executed this Agreement on the respective dates under each signature, the
CITY OF TAMARAC through its City Manager and its City Commission signing by and
through its Mayor, Joe Schreiber, duly authorized to execute the same.
ATTEST:
Marion Swenson, CMC
City Clerk
Date: r" 11c. k y
rl
CITY OF TAMARAC
Joe Schreiber, Mayor
Date: /// r119 c_./
By:
Je L. Miller, City Manager
er,
Date: / /s-- d-�
Approve s tit form and legal
sufficie v�/ / i
Mitch Il S. C aft, Attorney
r�
Date:
STATE OF FLORIDA
:SS
COUNTY OF
Before me personally a dJ � �^''' � t y `�l r p y ppeare oe re t o me well known and
known to me to be the person described in and who executed the foregoing instrument,
and acknowledged to and before me that he/she executed said instrument for the purposes
therein expressed.
Z�4100
WITNESS my hand and official seal, this � day of G� h u_ar , 2N
JUNE A. WHITE
Notary Public - State of Florida
My corm�eeion Elea XQ 15, 2005
L'ommissian f DD11D065
Bonded 0y Nat ,I Notary Assn.
My Commission Expires:
(► -) Personally known to me
( ) Produced Identification
�
-4�. 1
N ARY PUBLIC, State of
Florida At Large
,-j-u Aje A-
Print or Type Name of Notary
( ) Did take an oath, or ( -rDid Not take an oath.
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