HomeMy WebLinkAboutCity of Tamarac Resolution R-2004-215Temp Reso #10545 — August 26, 2004
Page 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2004- ,;1,5"
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF TAMARAC, FLORIDA,
AUTHORIZING THE EXECUTION OF THE
"REGIONAL ROAD CONCURRENCY
AGREEMENT --COUNTY PROJECT" BETWEEN
BROWARD COUNTY, TAMARAC SHOWPLACE,
LLC AND THE CITY OF TAMARAC FOR ROAD
CONCURRENCY RELATING TO "TAMARAC
MARKET PLACE PLAT" LOCATED ON THE
SOUTHWEST CORNER OF MCNAB ROAD AND
NOB HILL ROAD (CASE NO. 4-AP-04);
PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, at its meeting of September 14, 1983, the City Commission of the City
of Tamarac via Resolution No. R-83-244 issued Development Order No. 091 and granted a
Plat Request to plat a property to be known as "Tamarac Market Place Plat", described as
Tract "A" of the "Tamarac Market Place Plat", according to the Plat thereof as recorded in
Plat Book 118, Page 20 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 "Regional Road Concurrency
Agreement — County Project" (attached hereto as Exhibit 1") to satisfy concurrency
requirements for impact areas relating to "Tamarac Market Place Plat"; and
Temp Reso #10545 — August 26, 2004
Page 2
WHEREAS, pursuant to the Agreement, the City of Tamarac agrees to not issue a
Certificate of Occupancy for any development within "Tamarac Market Place Plat" 'iuntil
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 "Regional Road Concurrency Agreement — County Project" between
Broward County, Tamarac Showplace, LLC and the City of Tamarac for Road Concurroncy
relating to "Tamarac Market Place Plat" located on the southwest corner of McNab Load
and Nob Hill Road.
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 Resoltion.
1
1
Temp Reso #10545 — August 26, 2004
Page 3
1
SECTION 2: That the appropriate City Officials are hereby authorized to
execute the "Regional Road Concurrency Agreement — County Project" between Broward
County, Tamarac Showplace, LLC and the City of Tamarac for Regional Road
Concurrency relating to "Tamarac Market Place Plat" (attached hereto as 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.
1
SECTION 5:
passage and adoption.
Temp -- Reso #10545 August 26, �004
Page 4
This Resolution shall become effective immediately upon its
PASSED, ADOPTED AND APPROVED this 8th day of September, 2004.
ATTEST:
r`
MARION SWENSON, CMC
CITY CLERK
I HEREBY CERTIFY that
I have approved this
RESOLUTION as to form.
CITY ATTORNEY
co m and ev\u:\pats\userdata\wpdata\res\10545 reso
JOE SCHREIBER
MAYOR
RECORD OF COMMISSION VOTI
MAYOR SCHREIBER
DIST 1: COMM. PORTNER
DIST 2: COMM. FLANSBAUM-TA
DIST 3: V/M SULTANOF --}
DIST 4: COMM. ROBERTS (,t,
1
1
4*
2701 W Oakland Park Rlvd
G E D A R W O O D su=te 300
DEVEt_OPMENT, INC. FtLauderdate,FL3331)
934.677.07.51
FAX `XRANSAUTTAL Fax: 954.677.0752
TO., Paii7e Mathes
COMPANY: City of Tamarac
FAX NUMBER: 954 724-2453 DATE: February 7, 2005
FROM: Greg Siefker 4
REGARDING. SWC McNab & Nob Hill Tamarac FL
TOTAL NUMBER OF PAGES (INCLUDING THIS PAGE): (13)
If you do not receive all the pages, please call the above number as soon, as possible.
REMARKS: Attached for your use and files is a copy of the REGIONAL ROAD CONCURRENCY
AGREEMENT — COUNTY PROJECT which was recorded by the County.
Please contact me should you require additional information.
r�
COPIES TO:
The documents accompanying this facsimile transmission contain information from CEAARWOOD DEVELOPMENT, INC. which iF
CONFIDENTIAL and/or legally privileged. The information is intended only for the use of the individual/entity named on this
transmission sheet. Ff you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, nr the taking of
any action in reliance on the contents of this facsimile information is strictly prohibited, and that the document should be returned to this
office immediately. In this regard, if you have received this facsimile in error, please notify us by telephone immediately ao we can arrange
for the return of the original documents to its at no cost to you.
EXHIBIT "1"
TEMP RESO #10545
Return recorded document to:
Development, Management Division
115 S_ Andrews Avenue, A240
Fort Lauderdale, FL 33301
Document prepared by:
Greg Sie,f:ker
Cedarwood Development: Services, LLC
2701 w Oakland Farb 13.lvd, Sua.te 300
Fort: Lauderdale, FL 33311
REGIONAL ROAD CONCURRENCY AGREEMENT
COUNTY PROJECT
INSTR # IU4675125
OR SK 3894B Pages 1108 _ 120
RECORDED 01/,2$/fly 09:27-43
BROq A/ARG1 COUNTY COMMI551C)N
DEPUTY CLERK 1032
# 1, 12 Pages
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
Srycor Holdings 11,LLC.
and
Tamarac Showpla,ce. LTQ its successors and assigns,
hereinafter referred to as DEVELOPER,
[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, Chapter 5, Article IX, Broward County Code of Ordinances, requires
that the regional transportation network be adequate to serve the reasonably projected
needs of proposed developments; and
WHEREAS, Chapter 5, Article IX, Broward County Code of Ordinances, more
specifically requires that an application for a development permit satisfy concurrency
requirements for impact areas; and
WHEREAS, DEVELOPER has applied for approval of or an amendment to the
_Tamarac Market Place Plat 060-MPS, hereinafter referred to as "PLAT," more
particularly described in Exhibit "A" attached hereto and made a part hereof; and
CAF#36s
01/01/02
Y.
y Y7`
N��
WHEREAS, on July 12,_2004,_ the Broward County Development Management
Division issued a Notification of Failure to Satisfy Broward County Goncurrency
Standards for the regional transportation network, finding that the application for
approval of or amendment to the PLAT does not satisfy the impact area concurrency
standards for the regional road network as stated in Section 5-1 S2 of the Broward
County Land Development Code ("CODE"); and
WHEREAS, the COUNTY has undertaken a countywide project to install video
detection equipment at signalized intersections, hereinafter referred to as "Project"; and
WHEREAS, DEVELOPER has agreed to pay to COUNTY the sum of $25,000
which is the cost of installing video detection equipment, as described in Exhibit "B"
attached hereto, at the intersection of Commercial Boulevard and Hiatus Road; and
WHEREAS, the Broward County Development Management Division has
approved this remedial measure and finds that its concurrency requirements for the
PLAT will be met with the execution of, and compliance with, the terms of this
Agreement by DEVELOPER; NOW, THEREFORE,
IN CONSIDERATION of the mutual terms, conditions, promises, covenants, and
payments hereinafter set forth, COUNTY and DEVELOPER agree as follows:
1. The above recitals are true and correct and are hereby incorporated herein.
2. CONSTRUCTION OF IMPROVEMENTS.
(a) DEVELOPER agrees to pay $25,000 which represents COUNTY's cost of
the IMPROVEMENT(S) described in Exhibit "B," hereinafter referred to as
"the Improvements." DEVELOPER agrees that payment must be made
either prior to recordation of the plat or the agreement amending the note
on the face of the plat.
(b) COUNTY and DEVELOPER agree that no security is required for the
1MPROVEMENT(S), as the payment will be made prior to recordation of
the plat or the agreement amending the note on the face of the plat.
(c) In the event that the amount of money or any portion thereof the
DEVELOPER has agreed to pay pursuant hereto becomes due and
payable as provided herein and continues unpaid for thirty (30) days or
more thereafter, the entire unpaid balance of such amount, plus costs and
interest accrued from the due date at the rate of twelve (12) per cent per
annum, shall become immediately due and payable.
CAF#ass
01 /01 /02
2
(d) Developer agrees that this agreement shall be recorded in the Official
Records of Broward County, Florida, against the property described in
Exhibit "A" to put subsequent purchasers, grantees, heirs, successors and
assigns of any interest in such property on notice of the obligations set
forth herein, which shall run with the property until fully paid and
performed. However, the amount(s) set forth above shall not constitute a
lien on the property unless and until the provisions below are activated by
the recording of a "Notice of Lien."
3. CONCURRENCY COMPLIANCE. COUNTY finds that by executing and
complying with the terms of this Agreement, DEVELOPER has satisfied the
adequacy of the Regional Roadway Network requirement of the Broward County
Land Development Code for the PLAT as approved by the COUNTY.
4. If the property is within a municipality, CITY agrees not to issue a certificate of
occupancy for any development within the PLAT until CITY receives confirmation
from COUNTY that the payment required pursuant to Section 2(a) has been
received by COUNTY.
5. 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:
For the COUNTY;
Director, Development Management Division of Broward County
115 South Andrews Avenue, Room A240
Fort Lauderdale, Ft.. 33301
Director of the Broward County Engineering Division
115 South Andrews Avenue, Room 321
Fort Lauderdale, FL 33301
CAF#369
01 /01 /02
3
For the DEVELOPER:
TamaTac_Showplace, LLC.
C/o E.F. Hutton Corporation
2000 5 Dixie Hwy Suite 100
M-Lamz, FL
For the CITY:
City Manager Tamarac
7525 N.W. 88th Ave
Tamarac, FL 3.3321-2400
With a copy to the City Attorney at the same address.
6, RECORDATI.ON. This 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.
7. 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.
8. CHANGES TO FORM AGREEMENT. DEVELOPER represents and warrants
that there have been no amendments or revisions whatsoever to the form
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.
9. 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.
16. 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.
CAF#3G9
01/01/02
2
11. 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.
12. 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.
13, 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.
14. 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 parties to this Agreement.
CAF#359
01101 /02
[THE REMAINDER OF THIS PAGF IS INTENTIONALLY i,EFT BLANK]
5
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 Mayor
or Vice Mayor, authorized to execute same by Board action on the day of
, 20 , CITY OF TAMARAC, signing by and through its
Mayor and City Manager, duly authorized to execute same, and DEVELOPER, signing
by and through its duly authorized to execute same.
ATTEST:
COMMISSIONERS
County Admin strator and
Ex-Officio Clerk of the Kpgd,asc^r,4
Board of County Cornmi
of Browarci COumy, FI�� J,NclrowggQ ':+'�r 7
rP^ _
r:
CAF#369
01 /01 /02
C.1
COUNTY
BROWARD COUNTY, through its
BOARD OF COUNTY
r �
Mayor
day of 3 , 20 6�
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- 96
By
Assistant County Attomey
DEVELOPER -INDIVIDUAL
Witnesses:
(Signat� Name of Develop ndividual)
Print name.
(Signatu , "
(Signature) Print na,
Print name: Print ress:
day of , 20
,y
y.
rS ,
ACKNOWLEDGMENT - INDIVI 'XL
STATE OF
S.
COUNTY of )
g, e
The foregoin nstrument was acknowledge efore me this day of
20 , by who is
[ ]personally kno 'to me, or
[ ]produced ide fication. Type of identification produced
NOTARY PUBLI
(Seal)
My commission expires:
CAF#369
01 /01 /02
VA
lli UVU4 IkO. Lt rAA M04 too 31VJ t1.A1 Vh1 IL. MA11hL
WJ002(1UO2
DEMKL9_PgR-00RP0Mj10N1PARTNgMM
Witnesses (if partnership);
�y'(Signature)_-
Print name:
Print names`
ATTEST (if corporation): N/A
(Secretary Signature)
Print Name of Secretary:
BryCar Holdings, IT, L.L.C.
Name of Devefvp�r (+corporation/partnership)
(Signature)
Print name: Michelle Gr0.,5U=_-
Ti#e. nRa M►-rr�b�z -
Address: ij BOX W-9-0 0
-9010
day of ,r} 20-94—
(CORPORATE SEAL,)
ACKN -&,Bv- —d PORATION/PA,RIM135H[P
STATE OF Florida )
COUNTY OF Miami} S3,
The Foregoing Instrument was acknowledged before me this -I- day of
. 20-J)Z6 by �] G 1 ] e rrr, � as of
AUjQ=ldinzs-.ri�.z _, a , on
behalf of the oorporatlon/ partnership, He or she' is: limited liability covpany
brAPersonally known to me, or
C 1pmduoM identification- Type Of iderriification produced
(5eai)
My cvmmi-StIOM expires:
PU'�i`
Narlene Wellbatua
,�+tiPRr
~r°{r • n
C'rr.3trruAwirhn 0 DD 0278?I
yXj rL% 7�bze :10, 71405
fli�a�/na .,OF,�,.+`
.ti]aa1St P�o�dir.R Cn„ ln.
8
NOTARY PUBLIC:
Print name=�/�
DEVELOPE RWCORPORATION/PARTNERSHIP
Witnesses (if partnership):
rn ria e: � t
(Signat re)
Print n me: A(,-rc5(,
ATTEST (if corporation):
(Secretary Signature)
Print Name of Secretary:
Tamarac shownlace,fZ�C
Name of Developer^ (corporation/partnership)
By
(Signature) j 1j i
Print name: o"J'J
Title:
Address:na s Di�x%� s1v suite 100
Miami FL, 33133
day of _ �,� t , 20I
I
(CORPORATE SEAL)
ACKNOWLEDGMENT - CORPORATION/PARTNERSHIP
STATE OF 16'72i-A )
S.
COUNTY OF
The foregoing instrument was ackno led a before me this day
v� 20 by as;.
i lvC
a L Le- corporation/partnership,
behalf of the corpora ion/ partnership. He or she is:
Kt4personally known to me, or
[ ]produced identification. Type of identification produced
(Seal)
My commission expires:
CAF#389
01 /01 /02 .,r.
of
of
on
CITY
(If Property is located within a City)
WITNESSES: c
ATTEST:
City Clerk
CAF#369
01/01 /02
CITY TAMARAC
Mayor -Commissioner
day of,!.et7�rrv) be( , 20-04
By / 7 c f•� �cx
City Manager
E
Q. day of - , 20 04,
APPROV77///
RM:
ey
City Aftmey
Exhibit A
Parcel A
TRACT "A", "TAMA.RAC MARKET PLACE" ACCOI.DING TO T-VE PLAT THEREOF AS
RECORDED IN PLAT BOOK 118, PAGE 20 OF THE PUBLIC RECORDS OF BROWARD
COUNTY, FLORIDA.
LESS AND EXCEPT:
A PORTION OF TRACT "A", "TAMARAC MARKET PLACE" ACCORDING TO THE
PLAT THEREOF AS RECORDED IN PLAT BOOK 11.8, ,PAGE 20 OF THE PUBLIC
RECORDS OF BROWARD COUNTY, 77 ORIDA, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
f
COMMENCE AT THE NORTHWEST CORNER OF SAID TRACT "A"; THENCE NORTH
89 °33'15" EAST ALONG THE NORTH LINE OF SAID'TRACT "A" 470.09 FEET; THENCE
SOUTH 85'35'I.5" EAST ALONG THE NORTH LINE OF SAID TRACT "A" 200.72 FEET;
TRENCE NORTH 89"33'15" EAST ALONG TFIE NORTH .LINE OF SAID TRACT "A" 6.15
FEET TO THE POINT OF BEGINNING; THENCE, CONTINUE NORTH 89633'15" EAST
ALONG THE NORTH LINE OF SAID TRACT "A" 293.85 FEET; THENCE SOUTH
45"44'46" EAST 49.08 FEET TO THEEAST LINE OF SAID TRACT "A"; THENCE SOI.)TH
01'24'48" EAST AI ONG SAID EAST LINE 1.4.1.43 FEET; THENCE SOUTH 89°33'15"
WEST 330.96 FEET; THENCE NORTH 00"32'09" WEST 175.82 FEET TO THE POINT OF
BEGINNING.
CONTAINING APPROXIMATELY 654,717 SQUARE FEET MORE OF LESS,
CAF##369
D 1 /01 /02
EXHIBIT "B''
IMPROVEMENTS
Prior to plat or note amendment recordation, pay $25,000 to Broward
County for the installation of video detectors for all approaches at the
intersection of Commercial Boulevard and Hiatus Road.
11