HomeMy WebLinkAboutCity of Tamarac Resolution R-2003-019Temp Reso #10024 - January 9, 2003 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2003- I9
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA, APPROVING THE
REGIONAL ROAD CONCURRENCY AGREEMENT
BETWEEN BROWARD COUNTY, CATALINA PLACE,
INC., AND THE CITY OF TAMARAC FOR ROAD
CONCURRENCY RELATING TO "CATALINA PLACE"
PLAT LOCATED ON THE NORTHWEST CORNER OF
NW 64" STREET AND NW 74`h AVENUE (CASE NO.
1-AP-03); PROVIDING FOR CONFLICTS; PROVIDING
FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, Development Order No. 323 and a Plat Request to plat a property to be known
as "Catalina Place" Plat, described as portions of Tract 4 and 5, Section 10, Township 49 South,
Range 41 East 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 Exhibit "A") were approved by the City Commission of the City of Tamarac on October 23,
2002; and
WHEREAS, the Board of County Commissioners of Broward County denied the
aforementioned Delegation Request on May 15, 2002 due to noncompliance with Broward County
regional transportation concurrency; 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 this Agreement to satisfy concurrency
requirements for impact areas relating to "Catalina Place" Plat as described in Exhibit 1" (Regional
Road Concurrency Agreement — County Project); and
Temp Reso #10024 - January 9, 2003 2
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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 approve the Regional Road
Concurrency Agreement between Broward County, Catalina Place, Inc. and the Cityof Tamarac for
Road Concurrency relating to "Catalina Place" Plat located on the northwest corner of NW 60
Street and NW 74th Avenue.
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 Director of Community
Development and the City Manager, the Regional Road Concurrency Agreement between Broward
County, Catalina Place, Inc., and the City of Tamarac for Regional Road Concurrency relating to
"Catalina Place" Plat (attached hereto as Exhibit "1 "), is HEREBY APPROVED.
SECTION 3: That the appropriate City Officials are hereby authorized and
instructed to execute said Regional Road Concurrency Agreement.
SECTION 4: All resolutions or parts of resolutions in conflict herewith are hereby
repealed to the extent of such conflict.
SECTION 5: 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.
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SECTION 6:
and adoption.
Temp Reso #10024 - January 9, 2003 3
This Resolution shall become effective immediately upon its passage
PASSED, ADOPTED AND APPROVED this 22"a day of January, 2003.
ATTEST:
MARION SW E SON, CMC
CITY CLERK
I HEREBY CERTIFY that
I have approved this
RESOLUTION as to form.
OMITCHELL S. KR
CITY ATTORNEY
commdev\u:\pats\userd ata\wpd ata\res\10024reso
RECORD OF COMMISSION VOTE:
MAYOR SCHREIBER
DIST 1: V/M. PORTNER
DIST 2: COMM. MISHKIN
DIST 3: COMM. SULTANOF
DIST 4: COMM. ROBERTS
No Text
EXHIBIT'I" TEMP RESO #10024
Return recorded document to:
Development Management Division
115 S. Andrews Avenue, A240
Fort Lauderdale, FL 33301
Document prepared by:
Gerald L. Knight, Esq.
Holland & Knight LLP
One East Broward Boulevard
Suite 1300
Fort Lauderdale, FL 33301
REGIONAL ROAD CONCURRENCY AGREEMENT -
COUNTY PROJECT
This is an Agreement, made and entered into by and between: BROWARD
COUNTY, a political subdivision of the state of Florida, hereinafter referred to as
"COUNTY,"
AND
CATALINA PLACE, INC., a Florida corporation, its successors and assigns,
hereinafter referred to as DEVELOPER,
[AND IF THE PROPERTY IS LOCATED WITHIN A MUNICIPALITY]
The CITY of TAMARAC, a municipal corporation, created and existing under the
laws of the State of Florida, its successors and assigns, hereinafter referred to as
"CITY."
WHEREAS, Chapter 5, Article IX, Broward County Code of Ordinances, requires
that the regional transportation network be adequate to serve the reasonably projected
needs of proposed developments; and
WHEREAS, Chapter 5, Article IX, Broward County Code of Ordinances, more
specifically requires that an application for a development permit satisfy concurrency
requirements for impact areas; and
WHEREAS, DEVELOPER has applied for approval of or an amendment to the
Catalina Place Plat (055-MP-02), hereinafter referred to as "PLAT," more particularly
described in Exhibit "A" attached hereto and made a part hereof; and
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WHEREAS, on September 17, 2002, the Broward County Development
Management Division issued a Notification of Failure to Satisfy Broward County
Concurrency Standards for the regional transportation network, finding that the
application for approval of or amendment to the PLAT does not satisfy the impact area
concurrency standards for the regional road network as stated in Section 5-182 of the
Broward County Land Development Code ("CODE"); and
WHEREAS, the COUNTY has undertaken a countywide project to install video
detection equipment at signalized intersections, hereinafter referred to as "Project"; and
WHEREAS, DEVELOPER has agreed to pay to COUNTY the sum of $25,000
which is the cost of installing video detection equipment, as described in Exhibit "B"
attached hereto, at the intersection of University Drive and Southgate Boulevard; and
WHEREAS, the Broward County Development Management Division has
approved this remedial measure and finds that its concurrency requirements for the
PLAT will be met with the execution of, and compliance with, the terms of this
Agreement by DEVELOPER; NOW, THEREFORE,
IN CONSIDERATION of the mutual terms, conditions, promises, covenants, and
payments hereinafter set forth, COUNTY and DEVELOPER agree as follows:
1. The above recitals are true and correct and are hereby incorporated herein.
2. CONSTRUCTION OF IMPROVEMENTS.
(a) DEVELOPER agrees to pay $25,000 which represents COUNTY's cost of
the IMPROVEMENT(S) described in Exhibit "B," hereinafter referred to as
"the Improvements." DEVELOPER agrees that payment must be made
either prior to recordation of the plat or the agreement amending the note
on the face of the plat.
(b) COUNTY and DEVELOPER agree that no security is required for the
IMPROVEMENT(S), as the payment will be made prior to recordation of
the plat or the agreement amending the note on the face of the plat.
(c) In the event that the amount of money or any portion thereof the
DEVELOPER has agreed to pay pursuant hereto becomes due and
payable as provided herein and continues unpaid for thirty (30) days or
more thereafter, the entire unpaid balance of such amount, plus costs and
interest accrued from the due date at the rate of twelve (12) per cent per
annum, shall become immediately due and payable.
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(d) Developer agrees that this agreement shall be recorded in the Official
Records of Broward County, Florida, against the property described in
Exhibit "A" to put subsequent purchasers, grantees, heirs, successors and
assigns of any interest in such property on notice of the obligations set
forth herein, which shall run with the property until fully paid and
performed. However, the amount(s) set forth above shall not constitute a
lien on the property unless and until the provisions below are activated by
the recording of a "Notice of Lien."
3. CONCURRENCY COMPLIANCE. COUNTY finds that by executing and
complying with the terms of this Agreement, DEVELOPER has satisfied the
adequacy of the Regional Roadway Network requirement of the Broward County
Land Development Code for the PLAT as approved by the COUNTY.
4. If the property is within a municipality, CITY agrees not to issue a certificate of
occupancy for any development within the PLAT until CITY receives confirmation
from COUNTY that the payment required pursuant to Section 2(a) has been
received by COUNTY.
5. NOTICE. Whenever any of the parties desire to give notice to the other, such
notice must be in writing, sent by U.S. Mail, postage prepaid, addressed to the
party for whom it is intended at the place last specified; the place for giving of
notice shall remain such until it is changed by written notice in compliance with
the provisions of this paragraph. For the present, the parties designate the
following as the respective places for giving notice:
For the COUNTY:
Director, Development Management Division of Broward County
115 South Andrews Avenue, Room A240
Fort Lauderdale, FL 33301
Director of the Broward County Engineering Division
115 South Andrews Avenue, Room 321
Fort Lauderdale, FL 33301
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For the DEVELOPER:
c/o Tony Mijares
United Homes International, Inc.
7975 NW 1541h Street, Suite 400
Miami Lakes, FL 33016
For the CITY:
Jeffrey L. Miller
City Manager
7525 NW 88th Avenue
Tamarac, FL 33321
Copy to: Mitchell S. Kraft, Esq.
City Attorney
(same address)
6. 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.
7. _VENUE: CHOICE OF LAW. Any controversies or legal issues arising out of this
Agreement and any action involving the enforcement or interpretation of any
rights hereunder shall be submitted to the jurisdiction of the State Courts of the
Seventeenth Judicial Circuit of Broward County, Florida, the venue sitis, and
shall be governed by the laws of the State of Florida.
8. CHANGES TO FORM AGREEMENT. DEVELOPER represents and warrants
that there have been no amendments or revisions whatsoever to the form
Agreement without the prior written consent of the County Attorney's Office. Any
unapproved changes shall be deemed a default of this Agreement and of no
legal effect.
9. CAPTIONS AND PARAGRAPH HEADINGS. Captions and paragraph headings
contained in this Agreement are for convenience and reference only and in no
way define, describe, extend or limit the scope or intent of this Agreement, nor
the intent of any provisions hereof.
10. 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.
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11. EXHIBITS. All Exhibits attached hereto contain additional terms of this
Agreement and are incorporated herein by reference. Typewritten or handwritten
provisions inserted in this Agreement or attached hereto shall control all printed
provisions in conflict therewith.
12. FURTHER ASSURANCES. The parties hereby agree to execute, acknowledge
and deliver and cause to be done, executed, acknowledged and delivered all
further assurances and to perform such acts as shall reasonably be requested of
them in order to carry out this Agreement.
13. ASSIGNMENT AND ASSUMPTION. DEVELOPER may assign all or any portion
of its obligations pursuant to this Agreement to a grantee of the fee title to all or
any portion of the property described in Exhibit "A." DEVELOPER agrees that
any assignment shall contain a provision which clearly states that such
assignment is subject to the obligations of this Agreement.
14. AMENDMENTS. No modification, amendment, or alteration in the terms or
conditions contained herein shall be effective unless contained in a written
document prepared with the same or similar formality as this Agreement and
executed by the parties to this Agreement.
[THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK]
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IN WITNESS WHEREOF, the parties hereto have made and executed this
Agreement on the respective dates under each signature: BROWARD COUNTY
through its BOARD OF COUNTY COMMISSIONERS, signing by and through its Mayor
or Vice Mayor, authorized to execute same by Board action on the day of
, 2003, CITY OF TAMARAC, signing by and through its
Mayor and City Manager, duly authorized to execute same, and DEVELOPER, signing
by and through its duly authorized to execute same.
MI INTY
ATTEST:
County Administrator and
Ex-Officio Clerk of the
Board of County Commissioners
of Broward County, Florida
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BROWARD COUNTY, through its
BOARD OF COUNTY
COMMISSIONERS
LIM
Mayor
day of , 2003
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
2
Assistant County Attorney
DEVELOPER -INDIVIDUAL
Witnesses:
(Signature)
Print name:
(Signature)
Print name:
ACKNOWLEDGMENT - INDIVIDUAL
STATE OF )
) SS.
COUNTY OF )
Name of Developer (Individual)
(Signature)
Print name:
Print address:
day of
20
The foregoing instrument was acknowledged before me this
2q , by
[ ]personally known to me, or
[ ]produced identification. Type of identification produced
NOTARY PUBLIC:
(Seal)
Print name:
My commission expires:
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day of
who is
DEVELOPER-CORPORATION/PARTNERSHIP
Witnesses (if partnership): CATALINA PLACE, INC., a Florida corporation
Name of Developer (corporation/partnership)
(Signature) (Signature)
Print name: Print name: "Dw I'YI��-xr:
Title:
Address:"Vq'16 MLO ►fib
(Signature) Miarx'� lv`- g ►ti.o
Print name:
2fa' day of , 2003
ATTEST (if corporation):
(CORPORATE SEAL)
(Secretary Signature)
Print Name of Secretary: -Lw OA- , �`�•
ACKNOWLEDGMENT - CORPORATION/PARTNERSHIP
STATE OF )
) SS.
COUNTY OF )
_ The foregoing instrument was acknowledged before me this, 2P4 day of
2003, by 11'l1" as 11`YY1AY1 _ of
CATALINA LACE, INC., a Florida corporatio /partnership, on behalf of the
corporation/ partnership. He or she is:
I ]personally known to me, or
[ ]produced identification. Type of identification produced
M. P'9"e NOTARY PUBLIC:
(Seal) : %1SSION ••• A
OQ�SWY1s Po,.,
My commission expiry �� OF^9u� x rint e:
w a.• a*-�
r o�
SOrydad t���.•• O10
�,'r',//ll Ifi11111�
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WITNESSES:
ATTEST:
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CITY
(If Property is located within a City)
CITY of TAMARAC, FLORIDA
City Clerk
By
Mayor -Commissioner
day of 20�
By c74
' ,Aqfty Uranager
day of, 2043
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APZVD O FO M:
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EXHIBIT "A"
LEGAL DESCRIPTION
A PORTION OF TRACTS 4 AND 5 OF "FT. 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:
BEGINNING AT THE SOUTHEAST CORNER OF "McNAB PLAZA PLAT",
ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 91 AT
PAGE 17 OF SAID PUBLIC RECORDS; THENCE SOUTH 01 °26'26" EAST, ALONG
THE WEST LINE OF NORTHWEST 74T" AVENUE, AS SHOWN ON "THE
MAINLANDS OF TAMARAC LAKES UNIT FIFTEEN", ACCORDING TO THE PLAT
THEREOF, AS RECORDED IN PLAT BOOK 71 AT PAGE 3 OF SAID PUBLIC
RECORDS, A DISTANCE OF 976.65 FEET TO THE POINT OF CURVATURE OF A
CIRCULAR CURVE TO THE RIGHT; THENCE SOUTHERLY, SOUTHWESTERLY
AND WESTERLY, ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 30.00
FEET AND A CENTRAL ANGLE OF 91 000'02", A DISTANCE OF 47.65 FEET TO THE
POINT OF TANGENCY; THENCE SOUTH 89°33'36" WEST, ALONG THE NORTH
LINE OF NORTHWEST 64T" STREET, AS SHOWN ON SAID PLAT OF "THE
MAINLANDS OF TAMARAC LAKES" AND AS RECORDED IN OFFICIAL RECORDS
BOOK 9585 AT PAGE 113 OF SAID PUBLIC RECORDS, A DISTANCE OF 269.48
FEET; THENCE NORTH 01 °26'26" WEST, ALONG THE EAST LINES OF
"UNIVERSITY SHOPPES SUBDIVISION", ACCORDING TO THE PLAT THEREOF, AS
RECORDED IN PLAT BOOK 80 AT PAGE 6; "REGINA SUBDIVISION", ACCORDING
TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 141 AT PAGE 23; AND
"BELLE TERRE OF TAMARAC", ACCORDING TO THE PLAT THEREOF, AS
RECORDED IN PLAT BOOK 97 AT PAGE 40, ALL OF SAID PUBLIC RECORDS, A
DISTANCE OF 1007.05 FEET; THENCE NORTH 89°32'10" EAST, ALONG THE
SOUTH LINE OF SAID "McNAB PLAZA PLAT", A DISTANCE OF 300.00 FEET TO
THE POINT OF BEGINNING.
SAID LANDS SITUATE IN THE CITY OF TAMARAC, BROWARD COUNTY, FLORIDA,
AND CONTAIN 6.931 ACRES, MORE OR LESS.
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EXHIBIT "B"
IMPROVEMENTS
Prior to plat or note amendment recordation, pay $25,000 to Broward
County for the installation of video detectors for all approaches at the
intersection of University Drive and Southgate Boulevard.
FTLI #613416 v1
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