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HomeMy WebLinkAboutCity of Tamarac Resolution R-2003-1031 Temp Reso. #10118 May 2, 2003 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2003-103 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO REJECT ALL BIDS UNDER BID NO. 03-21 B FOR THE PAINTING AND WATERPROOFING OF MUNICIPAL BUILDINGS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, bids were solicited for the purpose of securing a contractor to perform painting and waterproofing for the exteriors of several City facilities; and WHEREAS, bids were received and opened on April 2, 2003 from the following bidders: VIP Painting and Waterproofing $65,266 ; and Classic Paintbrush $42,764 Eagle Painting $27,300 Tommy Butts Jr. Enterprises No Bid WHEREAS, after review of the bids submitted, it was determined that the only bid found to be both responsive and responsible was VIP Painting and Waterproofing with a bid price of $65,266, which significantly exceeds the approved budget for this purpose; and WHEREAS, the Code of the City of Tamarac, section 6-149(5) allows the Purchasing Officer the authority, upon consultation with the affected department Temp Reso. #10118 May 2, 2003 Page 2 director(s), to recommend the rejection of all bids when the public interest will be served; and WHEREAS, it is the recommendation of the Interim Director of Public Works and the Interim Purchasing and Contracts Manager that all bids for the painting and waterproofing of municipal buildings be rejected; and WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in the best interest of the citizens of the City of Tamarac to reject all bids for the painting and waterproofing of municipal buildings. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA THAT: 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: The appropriate City officials are HEREBY authorized to reject all bids under Bid No. 03-21 B for the painting and waterproofing of municipal buildings. SECTION 3: All Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4: If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not effect other provisions or application, and to this end the provisions of this resolution are declared to be severable. L 1-1 1 1 Temp Reso. #10118 May 2, 2003 Page 3 SECTION 5: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED THIS 14th day of May, 2003. ATTEST: MARION SWENSON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. M' <T CITO IT�TTO E � r r _j#i(F`AJ �EPH SCHREIBER W.AYOR RECORD OF COMMISSION VOTE: MAYOR SCHREIBER DIST 1: COMM. PORTNER DIST 2: COMM. FLANSBAUM-TALABISCO DIST 3: COMM. SULTANOF DIST 4: V/M ROBERTS AdA Return recorded copy to: f1IPIPZ-A \ Development Management Division 115 S. Andrews Avenue, A240 Fort Lauderdale, FL 33301 -J.,J Document prepared by: ' (' inVike Center Associates 12804 SIN 122 Avenue Miami, FL 33186 INSTR # 103367954 OR SK 36171 Pages 1000 4QQ� RECORDED 10/03/030T46:59 BROWARD COUNTY COMMISSION f l!! DEPUTY CLERK 1016 #1, 9 Pages - I � AGREEMENT FOR AMENDMENT OF NOTATION ON PLAT n <© � This is an Agreement, made and entered into by and between: t®ROW,�D COUNTY, a political subdivision of the state of Florida, hereinafter referred to as "COUNTY," _►- ---_ Turnpike_Center Associates , its successors and assigns, hereinafter referred to as "DEVELOPER." WHEREAS, DEVELOPER is the owner of property shown on the -—51ancLO'1ub-APar,±ments Plat, Plat No./Clerk's File No._1 oo-mp-84�_ hereinafter referred to as "PLAT;" which PLAT or delegation request was approved by the Board of County Commissioners of Broward County on _ 1Jt 1985; 2 _; and WHEREAS, a description of the platted area is attached hereto as Exhibit "A" and made a part hereof, and WHEREAS, DEVELOPER has determined there exists a need for an amendment to the Notation on the face of said PLAT; and WHEREAS, the COUNTY has no objection to amending the notation and the Board of ..County Commissioners approved such an amendment at its meeting of April_29-------------------- 20 03, NOW, THEREFORE, in consideration of the mutual terms, conditions and promises hereinafter set forth, the COUNTY and DEVELOPER agree as follows: 1. The above recitals and representations are true and correct and are incorporated herein. CAF#358 01/01/02 1 1 1) 2. COUNTY and DEVELOPER hereby agree that the notation shown on the face of the PLAT is hereby amended as set forth within Exhibit "B." 3. NOTICE. Whenever any of the parties desire to give notice to the other, such notice must be in writing, sent by U.S. Mail, postage prepaid, addressed to the party for whom it is intended at the place last specified; the place for giving of notice shall remain such until it is changed by written notice in compliance with the provisions of this paragraph. For the present, the parties designate the following as the respective places for giving notice: For the COUNTY: Director, Development Management Division of Broward County 115 South Andrews Avenue, Room A240 Fort Lauderdale, FL 33301 For the DEVELOPER: Turnpike Center Associates -------- ------ Miami , FL, 33186 4. RECORDATION. 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. 5. VENUE: CHOICE OF LAW. Any controversies or legal issues arising out of this Agreement and any action involving the enforcement or interpretation of any rights hereunder shall be submitted to the jurisdiction of the State Courts of the Seventeenth Judicial Circuit of Broward County, Florida, the venue sitis, and shall be governed .by the laws of the State of Florida. 6. NOTATIONS. All other notations on the face of the above referenced PLAT not amended by this Agreement shall remain in full force and effect. i. 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. CAF#358 01 /01 /02 2 8. 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. 9. 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. 10. 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. 11. 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. 12. 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. 13. 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] CAF#358 01/01/02 3 IN WITNESS WHEREOF, the COUNTY and DEVELOPER have made and executed this Agreement on the respective dates under each signature: BROWARD COUNTY through its Board of County Commissioners, acting by and through its Mayor or Vice Mayor, authorized to execute same; and Turnpike Center Associates, acting by and through its Managing Partner , duly authorized to execute same. COUNTY ATTEST: BROWARD COUNTY, through its �. BOARD OF COUNTY COMMISSIONERS County Administrator nd Ex- 0,11"I"` Officio Clerk of the Board of ','� B County Commissioners ofi ,' n�.••�• f�.,t / �� Mayor Broward County, Florida ut,T.1 i ST T ' yf 'Q day of 2003 er� . A ff''Approved as to form by Office of County Attorney Broward County, Florida Government Center, Suite 423 115 South Andrews Avenue Fort Lauderdale, Florida 33301 Telephone: (954) 357-7600 Telecopier- (954) 357-6968 By Assistant County Attorney day of , 20 0-9 CAF#358 01 /01 /02 4 DEVELOPER-CORPORATION/PARTNERSHIP Witnesses (if partnership): (Signature) Print name: (Sig ature) Print name.--1!h-y-ya-!rK��/ Lpt-1 ATTEST (if corporation): (Secretary Signature) Print Name of Secretary: Turnpike Center Associates __ — Name of Developer (corporation/partnership) (Signajur;' i Print na'me:_Joe1 F.-Wynne— _ Title:_ Managing Partner Address: 12go4 s_M. 12.2__&venue � Miami, FL 33186 �_- day of -- Ma-y - ---- 2003 (CORPORATE SEAL) ACKNOWLEDGMENT - CORPORATION/PARTNERSHIP STATE OF i ) )SS, COUNTY OF �);.... The foregoing instrument was acknowledged before me this 4-A day of 20(,- by. as of --�r- -'T� a - __ ��------ corporation/partnership, on behalf of the corporation/ partnership. He or she is: rpersonally known to me, or [ ]produced identification. Type of identification produced -_-__- J_4R`r S. ADAMSON y �sw, " hlr i:C1!.iMiSaIUN 8 CC 998453 I J RRES' March 17. 2005 M tssion.. eXPKOS;w.. sefywr , CAF#358 01/01/02 NOTARY PUBLIC: Print name: 1 , , , IL z-; AFFIDAVIT WHEN MORTGAGEE SIGNATURE IS NOT APPLICABLE I, Joel F. Wynne do hereby affirm that I am the Managing Partner of Turnpike Center Associates and that I have executed an Agreement for Amendment of Notation on Plat with Broward County, a political subdivision of the state of Florida, for the Island Club Apartments Plat and that I am the owner of the property covered by said Agreement for Amendment of Notation on Plat. There are no mortgages held on the property, which is the subject of Amendment of Notation on Plat. FURTF ER AFFIANT SAYETH NOT. (Signature) This day of May, 2003. STATE OF FLORIDA SS COUNTY OF 1 " : I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared � : i. i �- ; , ,__ to me known to be the person(s) described in and who executed the foregoing instrument and acknowledged before me and under oath that A�. executed the same. WITNESS my hand and official seal this .f day of 20 ,^„(;Oi�liy�i55�pNACC998453 * ' XpiRFS Match 17, 2005 � , : ru P »e. �iutary Servcos t" 1 r `(`-}-Rersonally known to me, or ( ) Produced Identification NOTARY PUBLIC, State of Florida at Large (Name of Notary Public: Print, Stamp, or type as Commissioned) Type of I.D. Produced ( ) DID take an oath, or ( ) DID NOT take an oath. -61- EXHIBIT "A" LEGAL DESCRIPTION Parcel "A" of the "Island club APartments" Plat, according to the Plat thereof as recorded in Plat Book 122, Page 12 of the Public Records of Broward County, Florida. CAF#358 01/01/02 EXHIBIT "B" AMENDMENT TO NOTATION ON PLAT The existing notation shown on the face of the PLAT clarifying and limiting the use of the platted property is amended from: This plat is restricted to 216 garden apartments,consisting of 144 one bedrooms and 72 two bedroom units. The notation shown on the face of the PLAT clarifying and limiting the use of the platted property is amended to: This plat is restricted to 236 garden apartments, consisting of 156 one bedrooms and 80 two bedroom units. CAF#358 01 /01 /02- �' EXHIBIT "B" - CONTINUED PLEASE CHECK THE APPROPRIATE BOX OR BOXES. [ X] Expiration of Finding of Adequacy for Plat without an Expiration of a Finding of Adequacy_notation,or_the Finding of Adequacy has expired If a building permit for a principal building (excluding dry models, sales and construction offices) is not issued by _A2ri1 29 ___, 2008, which date is five (5) years from the date of approval of this note amendment by Broward County, then the County's finding of adequacy shall expire and no additional building permits shall be issued for the amended uses until such time as Broward County makes a subsequent finding that the application satisfies the adequacy requirements set forth within the Broward County Land Development Code. The owner of the property shall be responsible for providing evidence to Broward County from the appropriate governmental entity, documenting compliance with this requirement within the above referenced time frame; and/or If construction of project water lines, sewer lines, drainage, and the rock base for internal roads are not installed by Apr :LL-29,2oo,9 ______ which date is five (5) years from the date of approval of the application by Broward County, then the County's finding of adequacy shall expire and no additional building permits shall be issued until such time as Broward County shall make a subsequent finding that the application satisfies the adequacy requirements set forth within this Article. This requirement may be satisfied for a phase of the project, provided a phasing plan has been approved by Broward County. The owner of the property or the agent of the owner shall be responsible for providing evidence to Broward County from the appropriate governmental' entity, documenting compliance with this requirement within the above referenced time frame. [ X] Air Navigation Hazards. Any structure within this Plat shall comply with Section IV D 1. f., Development Review Requirements of the Broward County Comprehensive Plan regarding hazards to air navigation. CAF#358 01/01/02 X -q