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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 Page 2 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. 1 1 1 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. E:3