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HomeMy WebLinkAboutCity of Tamarac Resolution R-2004-040Temp Reso #10358 — March 1, 2004 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2004- 40 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE EXECUTION OF THE "INSTALLATION OF REQUIRED IMPROVEMENTS AGREEMENT" BETWEEN BROWARD COUNTY, TUSCANY TOWNHOMES, INC. AND THE CITY OF TAMARAC TO PROVIDE FOR THE CONSTRUCTION, FUNDING AND SECURITY FOR THE REQUIRED IMPROVEMENTS ON NW 57T" STREET, RELATING TO THE "TUSCANY PLAT' LOCATED ON THE NORTHWEST CORNER OF NW 57T" STREET AND NW 79TH AVENUE (CASE NO. 3- AP-04); PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, at its meeting of September 10, 2003, the City Commission of the City of Tamarac issued Development Order No. 325 and granted a Plat Request to plat a property to be known as "Tuscany Plat", described as a portion of Tract 15, of the "Fort Lauderdale Truck Farms Subdivision" Plat, according to the Plat thereof as recorded in Plat Book 4, Page 31 of the Public Records of Broward County, Florida (attached hereto as Attachment "A" of Exhibit 1"); 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 "Installation of Required Improvements Agreement" (attached hereto as Exhibit 1 ") to provide for the construction, Temp Reso #10358 — March 1, 2004 Page 2 funding and security for the required improvements on NW 57m Street as described in Exhibit "B" (attached hereto to Exhibit 1 "and made a part hereof); and WHEREAS, the parties desiring to enter into the subject Agreement shall comply with all conditions as related to the construction of certain road improvements as noted in said Agreement; and WHEREAS, pursuant to the Agreement, the City of Tamarac agrees to not issue a Certificate of Occupancy for any development within "Tuscany 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 "Installation of Required Improvements Agreement" between Broward County, Tuscany Townhomes, Inc. and the City of Tamarac to provide forthe construction, funding and security for the required improvements on NW 571h Street relating to the "Tuscany Plat" located on the northwest corner of NW 57th Street and NW 791h Avenue. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: Temp Reso #10358 — March 1, 2004 Page 3 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 appropriate City Officials are hereby authorized to execute the "Installation of Required Improvements Agreement" between Broward County, Tuscany Townhomes, Inc., and the City of Tamarac to provide for the construction, funding and security for the required improvements on NW 57'h Street relating to "Tuscany Plat" located on the northwest corner of NW 57" Street and NW 79'h Avenue (attached hereto as Exhibit "'I"). 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 #10358 — March 1, 2004 Page 4 This Resolution shall become effective immediately upon its PASSED, ADOPTED AND APPROVED this 10'" day of March, 2004. ATTEST: MARION SWENSON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. MITC L S. R CITY A TOR com mdev\u:\pats\userdata\wpd ata\res\10358reso JOE SCHREIBER MAYOR RECORD OF COMMISSION VOTE: MAYOR SCHREIBER DIST 1: COMM. PORTNER DIST 2: COMM. FLANSBAUM-TAL DIST 3: COMM. SULTANOF DIST 4: V/M ROBERTS n EXHIBIT 'fill TEMP RESO #10358 Return recorded copy to: Broward County Engineering Division 1 North University Drive, Suite 300B Plantation, FL 33324-2038 Document prepared by: INSTALLATION OF REQUIRED IMPROVEMENTS AGREEMENT 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, " G1►IW Tuscany Townhomes, Inc. ,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, cr ead and existing under the laws of the referred to as "CITY." State of Florida, its successors and assigns, hereinafter WHEREAS, DEVELOPER'S Project, known as Tuscany Plat Development Management Division File No. 047-MP-03 , hereinafter referred to as the "Project," a legal description of which is attached hereto as Exhibit "A" and made a part hereof;" and WHEREAS, the Project was approved by the Board of County Commissioners of Broward County on. November A-_, 20 03, subject to certain conditions to ensure the protection of the public health and safety, and one of the conditions imposed at the time of approval was the construction of certain road improvements; and WHEREAS, the parties desire to enter into this agreement to provide for the construction, funding and security for the required improvements as described in Exhibit "B" attached hereto and made a part hereof; NOW THEREFORE, IN CONSIDERATION of the mutual terms, conditions, promises, and payments hereinafter set forth, th parties agree as follows: 18 CAF#450 01/01/02 • • The above recitals and representations are true and correct and are incorporated herein. 2. INSTALLATION OF REQUIRED IMPROVEMENTS. (a) DEVELOPER agrees to and shall construct the improvements described in the attached Exhibit "B," hereinafter referred to as the "Improvements." Said Improvements shall be constructed in accordance with the schedule set out in Exhibit "B." (b) The Improvements described in Exhibit "B" shall be installed in accordance with applicable COUNTY, CITY, or State of Florida, Department of Transportation standards and specifications and in accordance with the Development Review Report for the Project. The construction plans for the Improvements, including pavement marking and signing plans, shall be submitted to COUNTY for review. The construction plans for the Improvements must be approved by the COUNTY prior to the commencement of construction. Construction shall be subject to inspection and approval by COUNTY. Pavement marking and signing shall be provided for all of the Improvements and shall be subject to review, field inspections and final approval by the Broward County Traffic Engineering Division, which Improvements shall be consistent with the previously approved plans. (c) If property is located within a municipality, CITY agrees not to issue building permits for construction of a principal building within the Project until such time as DEVELOPER provides CITY with written confirmation from COUNTY that engineering plans for the required improvement have been approved by the Broward County Engineering Division and that DEVELOPER has complied with paragraph 4.of this Agreement. If the property is located within the unincorporated area, the COUNTY shall not issue building permits for construction of a principal building within the Project until such time as the DEVELOPER has complied with paragraph 4. of this Agreement. (d) If property is located within a municipality, CITY agrees not to issue any certificates of occupancy within the Project prior to completion of the "Improvements" according to the schedule set forth in Exhibit "B." If the Property is located within the unincorporated area, the COUNTY shall not issue any certificates of occupancy within the Project prior to completion of the "Improvements" according to the schedule set forth in Exhibit "B." (e) DEVELOPER agrees to notify COUNTY of acceptance of Improvements by permitting authority if such permitting authority is other than the COUNTY. C 0101/02 /01/02 2 3. DEVELOPER understands and agrees that it is DEVELOPER'S responsibility to complete the Improvements described in Exhibit "B" and that all costs relating to the installation of the Improvements will be borne by the DEVELOPER. 4. SECURITY AND DEFAULT. PLEASE CHECK THE APPROPRIATE SECTION BELOW [ ] (a) Lien. (1) A lien is hereby imposed by the COUNTY against the real property identified in Exhibit "A" in the amount of Dollars ($ ). Such lien shall secure the construction of the "Improvements" identified in Exhibit "B" attached hereto. Such lien shall exist until fully paid, discharged, released, or barred by law. The lien created by this Agreement shall be superior to and shall have priority over any mortgage on the real property described in Exhibit "A." The DEVELOPER shall cause this Agreement to be executed by the holder of any such mortgage, which execution shall constitute the mortgagee's consent to such subordination. (2) Prior to the DEVELOPER obtaining a building permit for construction of any portion of the Project which, according to the schedule set forth in Exhibit "B," requires the installation of the "Improvements", or a portion thereof, DEVELOPER shall provide a form of security acceptable to the COUNTY in the form of a letter of credit, surety bond, or other acceptable security in the amount of Dollars ($ ), in substitution of the lien imposed hereby, and the COUNTY shall cause to be executed and recorded in the Official Records of Broward County a release or satisfaction of the lien upon the property described in Exhibit "A." (3) DEVELOPER may elect to provide security for any individual phase as listed in Exhibit "B," in order to release a portion of the lien imposed on the Project for the individual phase. In that event, DEVELOPER shall submit a cost estimate prepared by a Registered Engineer for the "Improvements" required in such phase. Upon acceptance by the COUNTY of the cost estimate, and payment by DEVELOPER of any applicable fee, that portion of the Project shall be released from the lien imposed and the total amount of the lien shall be reduced by the approved amount. sw�A CAF#450 01 /01 /02 3 • • (4) In the event DEVELOPER fails to construct the "Improvements" according to the terms and conditions of this Agreement, COUNTY may recover such sums from DEVELOPER as are necessary in order to cause the construction of the "Improvements" that are outstanding. Such sums, plus costs and attorney's fees, may be recovered by COUNTY against the DEVELOPER through a civil action, or may be recovered by action as provided by the applicable security. In the event that DEVELOPER fails to construct an improvement secured by lien created hereunder, such lien may be foreclosed or otherwise enforced by the COUNTY by action or suit in equity as for the foreclosure of a mortgage on real property. (6) DEVELOPER shall ensure that the substitute security remains valid and in full force and effect until DEVELOPER'S improvement obligations are fully performed. Expiration of the security prior to DEVELOPER'S performance of such obligation, or notice to COUNTY that the security will expire or has been canceled or disaffirmed prior to DEVELOPER'S satisfaction of all obligations hereunder, shall constitute a default of this Agreement. (7) In the event the letter of credit, surety bond or other form of security provided to COUNTY, as described above, expires, is canceled, or is disaffirmed, COUNTY shall send notice to DEVELOPER, according to the notice provisions of this Agreement, and DEVELOPER shall have one (1) month from the date of such notice to provide substitute security in a form acceptable to COUNTY. If DEVELOPER fails to provide acceptable substitute security, COUNTY may record a document entitled "Notice of Lien for Installation of Required Improvements" which shall constitute a lien on the property described in Exhibit "A" for the amount due hereunder, until fully paid, discharged, released or barred by law. To the extent that the failed security is attributable to an identified parcel or portion of the Project, the Notice of Lien for Required Improvements may be recorded against and apply only to such parcel or portion of the Project. [ ] (b) Surety Bond or Letter of Credit. (1) Prior to the DEVELOPER recording the plat or any agreements which were conditions of approval for the Project, the DEVELOPER shall provide the COUNTY with security such as a surety bond or irrevocable letter of credit, which is acceptable to the COUNTY and which guarantees the DEVELOPER'S performance of the CAF#450 01/01/02 4 construction obligations set forth in this Agreement in the total amount of $ (2) If the DEVELOPER obtains certificates of occupancy prior to completion of the applicable Improvements, contrary to the schedule set forth in Exhibit "B," the DEVELOPER shall be in default of this Agreement. In the event the DEVELOPER defaults under the terms of this Agreement, COUNTY shall be entitled to draw against the security for the amount set out in paragraph 4.(b)(1), plus costs as set forth herein. If COUNTY draws against the security and the amount recovered is less than the amount necessary to construct the Improvements, COUNTY may maintain an action against DEVELOPER in a court of competent jurisdiction for the difference between any sums obtained and the amount due, plus costs and interest accrued from the due date at the rate of 12 percent per annum. (4) DEVELOPER shall ensure that the security remains valid and in full force and effect until DEVELOPER'S road improvement obligation is fully performed. Expiration of the security prior to DEVELOPER'S performance of such obligation, or notice to COUNTY that the security will expire or has been canceled or disaffirmed prior to • DEVELOPER'S satisfaction of all obligations hereunder, shall constitute a default of this Agreement. (5) In the event the security expires, is canceled or is disaffirmed, COUNTY shall send notice to DEVELOPER according to the notice provisions of this Agreement and DEVELOPER shall have one (1) month from the date of such notice to provide substitute security in a form acceptable to COUNTY. If DEVELOPER fails to provide acceptable substitute security, COUNTY may record a document entitled "Notice of Lien for Required Offsite Improvements" which shall constitute a lien on the property described in Exhibit "A" for the amount set forth in paragraph 4.(b)(1), or stated portion thereof. To the extent that the failed security is attributable to an identified parcel or portion of the Project, the Notice of Lien for Required Offsite Improvements may be recorded against and apply only to such parcel or portion of the Project. [XJ (c) Cash Bond. (1) The Improvements identified in Exhibit "B" shall be secured by cash, or check (cashier's, certified, or registered), or money order issued by CAF#450 01/01/02 5 (financial institution), in the amount of Two thousand six hundred ninety one 25/100 Dollars ($ 2691.25 ), payable to the Broward County Board of County Commissioners. The DEVELOPER may at its option, later provide to the COUNTY a surety bond or letter of credit acceptable to COUNTY, in like amount, that shall be substituted for the cash, check, or money order. If the DEVELOPER provides a surety bond or letter of credit the provisions of subsection 4(b) above shall apply. (2) The estimated costs of the Improvements are Two thousand one hundred -fifty three Dollars ($ 2153.00 ). (3) Upon completion of the Improvements, and acceptance by the applicable unit of local government, the DEVELOPER shall notify the Broward County Engineering Division of such completion and acceptance. Upon a determination by the Engineering Division that the Improvements have been installed, constructed, completed, and accepted, and following the completion of DEVELOPER'S one (1) year maintenance obligations if the Improvements are made to a County road, the COUNTY shall have ninety (90) days to remit Two thousand six hundred ninety one 25 100 Dollars to the DEVELOPER, provided that the COUNTY has not already effected a remittance to the DEVELOPER because of the earlier substitution of a surety bond or letter of credit. 5. Upon the completion of one or more of the road Improvements specified in Exhibit "B," the DEVELOPER may request a partial release of security from the COUNTY. The DEVELOPER shall submit a sealed certification by a Registered Engineer of the work completed, and a cost estimate of the remaining roadway Improvements to be completed based upon the current approved County unit prices. Upon acceptance by the COUNTY of said certification and cost estimate, and payment by the DEVELOPER of any applicable fee, the COUNTY shall release that portion of the security, if any, which is in excess of the cost of the remaining road Improvements. Final release of the full security is subject to the standard COUNTY maintenance period of one (1) year from the date of completion of all of the Improvements specified on Exhibit "B," for roadways subject to COUNTY permit jurisdiction. Prior to release of any security held by the COUNTY for Improvements which are under the permit jurisdiction of other governmental agencies, the DEVELOPER shall submit documentation from the permit agency officially accepting the Improvements and consenting to the release of security. 6. DEVELOPER agrees that the construction contract(s) for the ImproveW "ll: CAF#450 01/01/02 6 K1Y • �i (a) Indemnify, hold harmless and, at County Attorney's option, defend or pay for an attorney selected by County Attorney to defend COUNTY, its officers agents, servants, and employees against any and all claims, losses, liabilities, and expenditures of any kind, including attorney fees, court costs, and expenses, caused by negligent act or omission of contractor or subcontractor, its employees, agents, servants, or officers, or accruing, resulting from, or related to the subject matter of this Agreement including, without limitation, any and all claims, demands, or causes of action of any nature whatsoever resulting from injuries or damages sustained by any person or property. The provisions of this section shall survive the expiration or earlier termination of this Agreement. To the extent considered necessary by Director of the Broward County Engineering Division and County Attorney, any sums due DEVELOPER under this Agreement may be retained by COUNTY until all of COUNTY's claims for indemnification pursuant to this Agreement have been settled or otherwise resolved; and any amount withheld shall not be subject to payment of interest by COUNTY. (b) In order to insure the indemnification obligation contained above, CONTRACTOR shall, as a minimum, provide, pay for, and maintain in force at all times during the term of this Agreement (unless otherwise provided), the insurance coverages set forth below, in accordance with the terms and conditions required by this section. (c) Such policy or policies shall be without any deductible amount and shall be issued by United States Treasury approved companies authorized to do business in the state of Florida, and having agents upon whom service of process may be made in Broward County, Florida. CONTRACTOR shall specifically protect COUNTY and the Broward County Board of County Com- missioners by naming COUNTY and the Broward County Board of County Commissioners as additional insureds. (d) Comprehensive General „Liability Insurance A Comprehensive General Liability Insurance Policy with minimum limits of Five Hundred Thousand Dollars ($500,000.00) per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability Policy, without restrictive endorsements, as filed by the Insurance Services Office, and must include: CAF#450 01/01/02 Premises and/or operations. Independent contractors. 7 0 Products and/or completed operations for contracts. Broad Form Contractual Coverage applicable to this specific contract, including any hold harmless and/or indemnification agreement. Personal Injury Coverage with Employee and Contractual Exclusions removed, with minimum limits of coverage equal to those required for Bodily Injury Liability and Property Damage Liability. Underground coverages. (e) Business Automobile Liability Insurance. Business Automobile Liability Insurance with minimum limits of Three Hundred Thousand Dollars ($300,000.00) per occurrence, combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Business Automobile Liability Policy, without restrictive endorsements, as filed by the Insurance Services Office, and must include: Owned vehicles. Hired and non -owned vehicles. 0 Employers' non -ownership. (f) Workers' Compensation Insurance. Workers' Compensation insurance to apply for all employees in compliance with the "Workers' Compensation Law" of the State of Florida and all applicable federal laws. In addition, the policy(ies) must include: Employers' Liability with a limit of One Hundred Thousand Dollars ($100,000.00) each accident. (g) CONTRACTOR shall furnish to the Broward County Engineering Division Certificates of Insurance or endorsements evidencing the insurance coverages specified by this Article prior to beginning performance of work under this Agreement. The required Certificates of Insurance shall name the types of policies provided, refer specifically to this Agreement, and state that such insurance is as required by this Agreement. (h) Coverage is not to cease and is to remain in force (subject to cancellation notice) until all performance required of DEVELOPER is completed. All x,k c 01/01/0201/02 8 ,. C policies must b endorsed to provide COUNTY with at least thirty (30) days' notice of cancellation and/or restriction. If any of the insurance coverages will expire prior to the completion of the work, copies of renewal policies shall be furnished at least thirty (30) days' prior to the date of their expiration. 7. COUNTY agrees that this Agreement satisfies the requirements of the Broward County Land Development Code, that developers install all required Improvements prior to issuance of a development order or enter into an agreement to provide for installation of the required Improvements within a reasonable period of time or before issuance of building permits or certificates of occupancy, as required by the County Commission. Upon official acceptance of the Improvements by the applicable road construction permitting agency, the local government may issue certificates of occupancy for parcels or portions of the Project according to the schedule set forth in Exhibit "B." 8. 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 of the Broward County Engineering Division 1 North University Drive, Suite 300E Plantation, FL 33324-2038 For the CITY: City Manager City of Tamarac 7525 NW 88th Avenue Tamarac, FL 33321 With a copy to the City Attorney at the same address CAF#450 01/01/02 9 • For the DEVELOPER: Tuscany Townhomes, Inc. 7975 NW 154 St., Suite 400 Miami Lakes, FL 33016 9. RELEASE. When all of the obligations attributable to a specific Phase of the Project, as set forth in Exhibit "B," or all of the obligations under this Agreement are fully paid and performed, at the request of the Developer or its successor and upon payment of any applicable fees, COUNTY shall cause a Partial Release to be recorded in the Official Records of Broward County, Florida evidencing such performance. To the extent that the obligations set forth herein are divisible and attributable to a specific parcel or portion of the Project, COUNTY may grant a partial release of this agreement for a specific parcel or portion of the Project for which this road impact obligation has been satisfied. 10. RECORDATION. 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 performed. However, the amount set forth in paragraph 4.(b)(1) above shall not constitute a lien on the property unless and until the provisions of paragraph 4.(b)(5) are activated by the recording of a "Notice of Lien for Required Offsite Improvements." 10. 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. 11. 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. 12. 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. CAF#450 01/01/02 10 13. 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. 14. 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. 15. 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. 16. 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. 17. 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 COUNTY and DEVELOPER. [THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK] a C o1ovo2/01/02 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 and the CITY, signing by and through its , duly authorized 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 day of Chair 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 LIM Assistant County Attorney day of C 01 /01 01/02 /02 12 20 • DEVELOPER -INDIVIDUAL ses: (Signat e) Name of Developer (Individual) Print nam (Signature) (Signature) Print name: Print name: Print address: L day of STATE OF ) )SS is COUNTY OF The foregoing instrument was a nowle ed before me this by [ ]personally known to me, or [ ]produced identification. Type identification prod ed NOTARY UBLIC: (Seal) Print name: My commission J01/01 / 2 01 /02 13 20_ day of who is 0 DEVELOPER-CORPORATION/PARTNERSHIP Ll Witnesses (if partnership): (Signature) Print name: 1►c, �01 c,� VI natu t name: ATTEST (if corporation): ---j ---> (Secretary Signature) Print Name of Secretary: Tuscany Townhomes. Inc. Name of Developer (corporation/partnership) B(Signature) Print name: J/ /w'o iI • cllzooSu Title: r e e eAa t Address: 7975 NW 154 St., Suite 400 Miami Lakes, FL 33016 cM day of �p k]. , 20D q (CORPORATE SEAL) ACKNOWLEDGMENT: CORPORATION/PARTNERSHIP STATE OF gUrW ) SS COUNTY OFj,�mj - �I The foregoing instrument was ackQowledged before me this Qr4kday of 20'-v-v b,V49y , Of Tuscany Townhomes, Inc. ,a Florida \corporation/partnership, on behalf of the corporation/partnership. He or she is: ]personally known to me, or [ ]produced identification. Type of identification produced NOTARY PUBLIC: (Seal) ............... ULLY M, pE�j � My commission 7 ri t me: f. Bonded rru c � a, .w.w............Fb TWA NOhry�A/NI; No C 01 /01 01/02 /02 14 �S� ease ........,...1 JJi �e ant ntaAv�t:;. ;� ^.... •.:. E • 0 MORTGAGEE -INDIVIDUAL \'�W'reby ee, being the holder of a mortgage relating to the parcel(s) described in Exhi consents and joins in for the purpose of agreeing that its mortgage shall ated to the foregoing Agreement. NVI (Signature) Print name: (Signature) Print name: ACKNOWLEDGMENT - INDIVIDUALS STATE OF ) 5S. COUNTY OF ) Name of Mortgagee (Individual) (Signature) Print name:_ Print address: day of , 20_ The foregoing instrument was cknowl ged before me this 20_, by [ ]personally known to me, or [ ]produced identification. Type identification produ i NOTARY (Seal) Print name: My commission LIC: C #450 01/01/02 15 _ day of who is MORTGAGEE-CORPORATION/PARTNERSHIP Mortgagee, being the holder of a mortgage relating to the parcel(s) described in Exhibit "A" hereby consents and joins in for the purpose of agreeing that its mortgage shall be subordinated to the foregoing Agreement. Witnesses (if partnership): (Signature) Print name: Ac. % L (Signature) r Print name: . S i � kt' 4,/'/ `L- Commercebanc, NA Name of Mortgagee (corporation/partnership) (Signature) Print name: Title: Address:,;?,2,,- h f ^Z 3 /rday of 1 1 , / , 200 ATTEST (if corporation): (CORPORATE SEAL) ( Vice President Print Name offyPc CJ" lr ,(1 i r_0 ACKNOWLEDGMENT - CORPORATION/PARTNERSHIP STATE OF FIOCI dd, ) SS. COUNTY OF ( i41c The foregoing instrument was acknowledged before me this / �� day of "IQ�Ch 20�d, by _6cinlG,. ao-±e as �av' of Commercebank, NA -,a corporation/partnership, on behalf of Zhe corporation/ partnership. He or she is: [ ]personally known to me, or [ ]produced Identification. Type of identification produced RONAURA JIMENEZ, NOTARY PUBLIC: Public - Wato o/ Florlfa(Seal)rV7N0hq amrr�i *bn E*k= Jul20,2008mmission 0 DD133at52ded By National Notary Assn. C=7 sa My commiss Pr" t name: ICG�C� C ol/01/02o�io2 16 CITY (If Property is located within a City) WITNESSES: ATTEST: City Clerk CAF#450 01 /01 /02 CITY of Tamarac By Ac��. Mayor -Commissioner day of , 20v TI �By /ititAvIanager day of ck , 20 jLq APPROVED 9, TO F J�/ fr ByL:�:� �(// / ) & City me r i V L_ �w 17 `a EXHIBIT "A" LAND DESCRIPTION DESCRIPTION OF TUSCANY PLAT LEGAL DESCRIPTION: A PORTION OF TRACT 15, IN SECTION 9, TOWNSHIP 49 SOUTH, RANGE 41 EAST, "F ORT LAUDERDALE TRUCK FARMS ", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 4 AT PAGE 31 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE "TAMARAC NURSING CENTER", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 126 AT PAGE 21 OF SAID PUBLIC RECORDS; THENCE SOUTH 01026'27" EAST, ALONG THE SOUTHERLY EXTENSION OF THE EAST LINE OF SAID "TAMARAC NURSING CENTER", A DISTANCE OF 67.01 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 01°26'27" EAST, ALONG SAID SOUTHERLY EXTENSION, ALSO BEING THE WEST LINE OF NORTHWEST 79 AVENUE, A 60.00 FOOT WIDE ROAD RIGHT-OF-WAY, A DISTANCE OF 518.70 FEET; THENCE SOUTH 89035'10" WEST, ALONG THE NORTH LINE OF NORTHWEST 57 STREET, A 106.00 FOOT WIDE ROAD RIGHT-OF-WAY, A DISTANCE OF 570.06 FEET; THENCE NORTH 01026'08" WEST, ALONG A LINE 60.00 FEET EAST OF AND PARALLEL WITH THE EAST LINE OF THE PLAT OF "THE MAINLANDS OF TAMARAC LAKES UNIT ELEVEN", AS RECORDED IN PLAT BOOK 69 AT PAGE 40 OF SAID PUBLIC RECORDS, A DISTANCE OF 518.73 FEET; THENCE NORTH 89°35'24" EAST, ALONG THE SOUTH LINE OF THE LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 23077 AT PAGE 37 OF SAID PUBLIC RECORDS, A DISTANCE OF 570.02 FEET TO THE POINT OF BEGINNING. SAID LANDS SITUATE IN THE CITY OF TAMARAC, BROWARD COUNTY, FLORIDA, AND CONTAIN 6.787 ACRES, MORE OR LESS. 0 18 C. • • 1 *V,4 : I I --I k " :W STAEF RECOMMENDATION NO. 1 Pedestrian access landing pad (sidewalk) at the existing bus stop on NW 57 St. SA020403Uegalslphasing schedule.doc 19 Prior to issuance of any Certificates of Occupancy. ATTACHMENT "A" FEMP RESO #10358 Temp. Reso. #10207 - September 4, 2003 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2003-213 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, ISSUING DEVELOPMENT ORDER NO. 325 AND GRANTING PLAT APPROVAL OF A BOUNDARY PLAT FOR THE "TUSCANY PLAT", REQUESTED BY HOLLAND & KNIGHT, LLP, LOCATED ON THE NORTHWEST CORNER OF NW 79T" AVENUE AND NW 57T" STREET, SPECIFICALLY A REPLAT OF A PORTION OF TRACT 15 OF THE "FORT LAUDERDALE TRUCK FARMS SUBDIVISION" PLAT, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 4, PAGE 31 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA (CASE NO. 18-P-03); PROVIDING FOR CONDITIONS OF APPROVAL; PROVIDING FOR EXECUTION OF SAID PLAT; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, a plat has been submitted by Holland & Knight, LLP identified as the "Tuscany Plat" for approval by the City of Tamarac; and WHEREAS, pursuant to the instructions of the City Commission of Tamarac, Florida, a public meeting has been advertised in accordance with the applicable law of the date, time and place of the meeting regarding the review of the application for a development order by the applicant for development approval; and WHEREAS, the City Commission has examined and investigated the application, staff and Planning Board recommendations, and the attached Development Review Status 41 Sheet dated September 4, 2003 (attached hereto as Exhibit 1"); and Temp. Reso. #10207 -September 4, 2003 0 Page 2 WHEREAS, the City Commission reviewed the development order and accompanying documents at a public meeting; and WHEREAS, the City Commission has determined that the application is in compliance with all elements of the Comprehensive Plan, or will be in compliance prior to the issuance of a Building Permit for the development that is the subject of the application; and WHEREAS, the Planning Board of the City of Tamarac has reviewed said plat and has made recommendation for approval of said plat on September 3, 2003; and WHEREAS, the City Engineer has reviewed said plat and has made recommendation for approval and acceptance of said plat by the City of Tamarac; and WHEREAS, the Development Review Requirements of the Broward County Land Use Plan appeared to have been satisfied; and WHEREAS, the Director of Community Development recommends approval of the plat; 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 issue Development Order No. 325 and grant Plat approval of a boundary plat for the "Tuscany Plat", requested by Holland & Knight, LLP, located on the northwest corner of NW 791h Avenue and NW 57`h Street, specifically a replat of a portion of Tract 15 of the "Fort Lauderdale Truck Farms Subdivision" Plat, according to the Plat thereof as recorded in Plat Book 4, Page 31 of the I* Public Records of Broward County, Florida. 17 y Temp. Reso. #10207 -September 4, 2003 Page 3 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 upon recommendation of the Planning Board, the Director of Community Development and the City Engineer, the plat submitted for approval, the "Tuscany Plat", requested by Holland & Knight, LLP, located on the northwest corner of NW 791" Avenue and NW 571h Street, specifically a replat of a portion of Tract 15 of the "Fort Lauderdale Truck Farms Subdivision" Plat, according to the Plat thereof as recorded in Plat Book 4, Page 31 of the Public Records of Broward County, Florida; is HEREBY SECTION 3: That the development described on the attached Development Review Status Sheet dated August 21, 2003, is granted a development order subject to the following conditions: (a) The development order is assignable, but an assignment does not discharge any assignee from strict compliance with the order unless the City Commission consents to modify any of the original requirements. SECTION 4: That the appropriate City Officials are hereby authorized to execute said plat. SECTION 5: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. E 0 Temp. Reso. #10207 -September 4, 2003 Page 4 SECTION 6: 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 portion or applications of this Resolution. SECTION 7: This Resolution shall become effective immediately upon its adoption. PASSED, ADOPTED AND APPROVED this 10th day of September, 2003. ATTEST: U l �.�c•r�J • � �J MARION S ENSON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. MITCH LL S. KRA CITY ATTORNEY commdev\u:\pats\userdatalwpdata\res\ 10207reso JOE SCHREIBER MAYOR RECORD OF COMMISSION VOTE: MAYOR SCHREIBER DIST 1: COMM. PORTNER DIST 2: COMM. FLANSBAUM-TALABISCO DIST 3: COMM. SULTANOF DIST 4: V/M ROBERTS EXHIBIT "1" TEMP RESO #10207 CITY OF TAMARAC 7525 NORTHWEST 88 AVENUE TAMARAC, FLORIDA 33321 TELEPHONE (954) 724-1292 DEVELOPMENT REVIEW STATUS SHEET Date: September 4, 2003 Orig, Dev, Order: 325 Revised Dev. Order: Project: Tuscany Plat Master File: 03-01 Location: Northwest comer of NW 79t' Avenue and NW 57' Street Developer: United Homes International, Inc. Owner. W. James Orovitz Zoning: B-2 (proposed R-4A (Planned Apartment Residential District) Future Land Use Designation: Commercial (Proposed Medium (10-16 du/ac) Residential) Acres: 6.787 acres, more or less Recommended Date for Commission Action: September 10, 2003 1. DEVELOPMENT ORDER FOR: PLAT APPROVAL Comments: Subject to Findings. 2. PLANNING BOARD RECOMMENDATION: APPROVAL Date of Action: September 3, 2003 Planning Board findings of compliance with certified Plan: Yes 3. FINAL ENGINEERING DRAWINGS: Dated Received: Due at Final Site Plan Review 4. LANDSCAPE PLAN: Due at Final Site Plan Review 5. BROWARD COUNTY DEVELOPMENT REVIEW COMMITTEE REPORT: On File at Broward County 1 • EXHIBIT 44 1" TEMP RESO 910207 6. DEVELOPERS AGREEMENTS/FEES (where applicable) A. Water and Sewer Developer's Agreement: Utilities Engineer CityAttorney Required before Building or Utility Construction Permits are issued. B. Other Development Agreements (Covenants, Stipulations, etc.) Utility Easement, Blanket Public Safety Ingress/Egress Easement, Public Utility Easement Fee Amount: To be determined at Final Site Plan Approval C. Drainage Retention: N/A Fee Amount: N/A 5% Required/Acres Deficiency/Acres X $45,500/Acre D. Drainage Improvement: N/A Fee Amount; N/A Project Acreage X $130.00/Acre E. Water & Sewer Contribution Charges Fee Amount: To be determined by Water/Sewer Developers Agreement. F. ERC Review Fee, if more than 9 ERC's Fee Amount: Required G. Local Parks/Recreation J A Public Works Engineering Fees Utility Engineering Fees Bonds (Utilities, Public Works) Fee Amount: N/A Fee Amount: To be determined Fee Amount: Determined by certified Cost Estimates, Bond Amount: Determined by certified Cost Estimates. Date: Approved by City Engineer N/A Utilities Engineer N/A City Attorney N/A On Site Beautification Local Traffic Impact Fees: Fee Amount: N/A Fee Amount: Determined at Final Site Plan Approval. E EXHIBIT 891" TEMP RESO #10207 7. DEVELOPMENT REVIEW REQUIREMENTS A. Potable Water Service Certification of Utilities Engineer or Consulting Engineer of Availability Service: AVAILABLE X WILL BE AVAILABLE NOT AVAILABLE B. Waste Water Treatment and Disposal Service Certification of Utilities Engineer or Consulting Engineer of Availability Service: AVAILABLE X WILL BE AVAILABLE NOT AVAILABLE C. Solid Waste Disposal Service Determination of Availability of Service: AVAILABLE WILL BE AVAILABLE X NOT AVAILABLE D. Drainage Adequately Certification of City Engineer or Consulting City Engineer of Adequacy of Drainage ADEQUATE WILL BE ADEQUATE X NOT ADEQUATE E. Regional Transportation Network Compliance with Minimum Standards: COMPLIES X WILL COMPLY DOES NOT COMPLY F. Local Streets and Roads Compliance with Minimum Standards: COMPLIES X WILL COMPLY DOES NOT COMPLY G. Police Protection Service Compliance with Minimum Standards: COMPLIES WILL COMPLY X DOES NOT COMPLY H. Local Parks (Parks and Recreation Facilities) N/A I. School Sites: N/A To be determined by Broward County 8. PROCESSING FEES (PAID) Plat Application Fee $3,000.00 0 u-Vzb%wrdata1wpdataV0rrnM10207drsa K No Text DESIGNATION OF AGENT FOR QUASI-JUDICIAL PROCEEDINGS DATE: CASE NO.: Lam" IN THE MATTER OF: ANY PERSON APPEARING ON YOUR BEHALF, 1N YOUR ABSENCE, MUST BE DESIGNATED AS YOUR AGENT ON THIS FORM OR SUCH PERSON WILL NOT BE ENTITLED TO SPEAK AT THE QUASI-JUCIDIAL HEARING AND THE MATTER MAY BE DETERMINED WITHOUT THE BENEFIT OF THEIR TESTIMONY. no , WILL ATTEND THE QUASI-JUDICIAL (insert name of Agent). z. HEARING TO BE HELD ON IN MY ABSENCE. IN ADDITION, PERALL MATTERS RELATING A TOY ANYNISSION PROCEED PROCEEDINGS TO ACTAS AGENT IN 61Y P, I -LT REELL ATED TO (Address of subject property) THIS FORM MUST BE RETURNED PRIOR TO THE QUASI-JUDICIAL HEARING, 0 SIGNATURE OF OWNER: (PrintlVame of Owner) STATE OF FLORIDA: COUNTY OF ijicL(61-ade,: NAMEIADDRESS AND PHONE NO. OF DESIGNATED AGENT: e. (Print Name �ofDe�signa�ted Agent) Of l U Phone: 95 \9 Fax: \ 172• 4 The foregoing instrument wa Zs acicnowledg before me this day of � by s,, owner of property, who is personally k own to me or has produced iden ification ( _ and who (did/did not) take an oath. (type of identification) ••••••• LILLY M �PEREZ�•••••• / Jar Comms 00028440 / ap Evim 2/1*= My Commission Expire " �ryAm..Im SWXWNot�y Public a of Flarrida MI\\A11\...\.....\....\\\M\\....\\\I.\\\ (Type or print name of Notary)