HomeMy WebLinkAboutCity of Tamarac Resolution R-2004-040Temp Reso #10358 — March 1, 2004
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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:
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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.
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0101/02 /01/02
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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
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(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:
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01/01/02 6 K1Y
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(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
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01/01/0201/02 8 ,.
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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
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01/01/02 9
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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]
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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
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01 /01 01/02 /02 12
20
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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
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ease ........,...1 JJi
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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:�:� �(//
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City me r
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17
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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
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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)