HomeMy WebLinkAboutCity of Tamarac Resolution R-2003-203Temp. Reso. #10205 — August 21, 2003
Page 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2003- ,,Q_c:
A RESOLUTION OF THE CITY
COMMISSION OF THE CITY OF TAMARAC,
FLORIDA, TO APPROVE A DELEGATION
REQUEST TO AMEND THE NOTE ON THE
"SOUTHGATE AT NOB HILL PLAT" WHICH
CURRENTLY RESTRICTS THE PROPERTY
TO 65,000 SQUARE FEET OF
COMMERCIAL USE TO REFLECT THE
FUTURE DEVELOPMENT OF FIFTY-
THREE (53) RESIDENTIAL TOWN HOME
UNITS ON THE SUBJECT PROPERTY,
SPECIFICALLY PARCEL "A" OF THE
"SOUTHGATE AT NOB HILL PLAT",
ACCORDING TO THE PLAT THEREOF AS
RECORDED IN PLAT BOOK 170, PAGES
40 AND 41 OF THE PUBLIC RECORDS OF
BROWARD COUNTY, FLORIDA, LOCATED
AT THE SOUTHEAST CORNER OF NOB
HILL ROAD AND SOUTHGATE
BOULEVARD (CASE NO. 13-P-03);
PROVIDING FOR CONFLICTS; PROVIDING
FOR SEVERABILITY; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the City Commission has examined the application and staff
recommendation dated August 21, 2003; and
WHEREAS, the City Commission has determined that the application is in
compliance with all elements of the Comprehensive Plan for the development that is the
subject of the application; and
WHEREAS, the property owner desires to amend the note on the plat which
currently restricts the property to 65,000 square feet of commercial use to reflect the future
development of fifty-three (53) residential town home units on the subject property,
specifically Parcel "A" of the "Southgate at Nob Hill Plat", according to the Plat thereof as
recorded in Plat Book 170, Pages 40 and 41 of the Public Records of Broward County,
Temp. Reso. #10205 — August 21, 2003
Page 2
Florida; located at the southeast corner of Nob Hill Road and Southgate Boulevard; and
WHEREAS, the property owner is requesting approval of the Delegation Request to
construct fifty-three (53) town home units on the subject parcel; and
WHEREAS, the Director of Community Development recommends approval; and
WHEREAS, the Planning Board recommended approval on August 20, 2003; 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 this
Delegation Request.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA:
1
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 City Commission hereby approves the Delegation
Request to amend the note on the "Southgate at Nob Hill Plat" which currently restricts
the property to 65,000 square feet of commercial use to reflect the future development
of fifty-three (53) residential town home units on the subject property, specifically Parcel
"A" of the "Southgate at Nob Hill Plat", according to the Plat thereof as recorded in Plat
Book 170, Pages 40 and 41 of the Public Records of Broward County, Florida; located
at the southeast corner of Nob Hill Road and Southgate Boulevard.
SECTION 3: All Resolutions or parts of Resolutions in conflict herewith
are hereby repealed to the extent of such conflict.
1
1
LJ
Temp. Reso. #10205 --- August 21, 2003
Page 3
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.
SECTION 5: This Resolution shall become effective immediately upon its
passage and adoption.
PASSED, ADOPTED AND APPROVED this 27t`' day of August, 2003.
ATTEST:
MARION SW NSON, CMC
CITY CLERK
I HEREBY CERTIFY that
I have approved thus
L ORDINAas tab form.
r
MITCHELL S. K
CITY ATTORl'
comm dev\u:\\pats\userdata\wpdata\res\10205reso
JOE SCHREIBER
/ MAYOR
RECORD OF COMMISSION VOTE:
MAYOR SCHREIBER
DIST 1: COMM. PORTNER
DIST 2: COMM. FLANSBAUM-TALABIS
DIST 3: COMM. SULTANOF
DIST 4: V/M ROBERTS
PRESTIGE COMMONS TOWN HOMES
CASE NO. 13-P-03 - TEMP RESO #10205
300 0 300 Feet
CITY COMMISSION
AUGUST 27 2003
(e.
CITY OF TAMARAC
Delegation Request I J. Christopher King 7525 N.W. 88th Ave., Tamarac, Florida 33321-2401
Director Telephone: (954) 724-1292
Community Development I i Facsimile. 724-2453
ti.
DESIGNATION OF AGENTVE
f
FOR QUASI -.JUDICIAL PROCEEDINGS
DATE: : Da
CASE NO.:
IN THE MATTER OF:
ANY PERSON APPEARING ON YOUR BEHALF, IN 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 D TER INED WITHOUT THE BENEFIT OF THEIR TESTIMONY.
I��Uat
sy WILL ATTEND THE QUASI-,.tUDICIAL
(insert name of Agent)
HEARING TO BE HELD ON IN MY ABSENCE. IN ADDITIONt
HAS MY PERMISSION TO ACT AS'MY AGENT'IN
ALL MATTERS RELATING TO ANY. PROCEEDINGS RELATED TO
(Address of subject property)
THIS FORM MUST BE RETURNED PRIOR To THE QUASI-JUDICIAL HEARING.
SIGNATURE OF OWNER: NAMEIADDRESS AND PHONE NO.
OF DESIGNATED AGENT:
-;4�-=e7y C-0.T-%r%C-L
Print Name of Owner)
STATE OF FLORIDA:
COUNTY OF BROWARD:
nca-�hi .n dnr ii AmA. lI
(print Narne of Designated Agent)
The' foregoing instrument knowiedged before me this --- t�� , day of
f,y � owner of property, who is
ersona nowrr to ma or has pre used Identification }and
(type of identification)
who (did/did not) take an oath.
Notary/Public State of F4irida
My Commission Expires:
Kin L Lem
Commissim # { C *.sue
, 4 ")'t'n:+^' t' i, -burs y ,y., "% "" � J /
Return recorded copy to:
Development Management Division
115 S. Andrews Avenue, A240
Fort Lauderdale, FL 33301
Document prepared by:
John M. Milledge, Esq.
John M. Milledge, P.A.
110 Southeast 61h Street
Fort Lauderdale, FL 33301
�• 10
AGREEMENT FOR AMENDMENT
OF NOTATION ON PLAT
INSTR # 103663982
ORBK 36780 Pages 970 - 978
RECORDED 01/21/04 OT46:47
BROWARD COUNTY COMMISSION
DEPUTY CLERK 2000
#1, 9 Pages
This is an Agreement, made and entered into by and between: BROWARD
COUNTY, a political subdivision of the state of Florida, hereinafter referred to as
"COUNTY"
AND
PRESTIGE HOMES OF SOUTH FLORIDA, INC., its successors and assigns,
hereinafter referred to as "DEVELOPER."
WHEREAS, DEVELOPER is the owner of property shown on the Southgate
at Nob Hill Plat, Plat No./Clerk's File No. 058-MP-98 hereinafter referred to as
"PLAT;" which PLAT or delegation request was approved by the Board of County
Commissioners of Broward County on December 9, 2003; 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
? December 9, 2003;
NOW, THEREFORE, in consideration of the mutual terms, conditions and
r 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.
' 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."
R
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:
Bruce Chait
1750 University Drive, #218
Coral Springs, FL 33071
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.
7. 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.
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]
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 PRESTIGE HOMES OF
SOUTH FLORIDA, INC., acting by and through its President, duly authorized to
execute same.
ATTEST:
County Administrat r' n Ex-
Officio Clerk of the Board of
County Commissioners of
Broward County, Florida
1610111110
BROWARD COUNTY, through its
BOARD OF COUNTY COMMISSIONERS
Mayor
?-0 c-- day of , 200
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 Vcam.'
Assistant County Attorney
day of , 200-1
4
DEVELOPER - CORPORATION
Witnesses PRESTIGE HOMES OF SOUTH
FLORIDA , INC /
(Signature) ' - By _ T
Print Name: Bruce Chait
Print Name: r�b �t ; r,�,fTitle: President
(Sign ure:
Print Name: --
ATT
(Secretary Si" ture)
Print Name:
STATE OF FLORIDA )
COUNTY OF BROWARD)
Address: 1750 University Drive, #218
Coral Springs, FL 33071
(CORPORATE SEAL)
The foregoing instrument was acknowledged before me this / �' ` day of �!\`Ce • G� e
2003, by BRUCE CHAIT as President of PRESTIGE HOMES OF SOUTH FLORIDA, INC., a
Florida corporation on behalf of the corporation. He is ,,, personally known to me or
produced identification. Type of identification produced
Eim 1. Loss
r,.Comm�mlon # CC 445866
KIPi W Aug. 2, 2N4
'�`• IiondedThv
Aa=rtic Bonding Co., Inc.
(Seal)
My commission expires:
NOTARY PUBLIC: /
C3)
Print ame: -.� . L a--,s
9
MORTGAGEE - CORPORATION
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
(Signature)
Print Name:
(Signature)
Print Name:
ATTEST:
Secretary
STATE OF FLORIDA )
COUNTY OF BROWARD)
Name of Mortgagee
By:
(Signature)
Print Name:
Title:
Address:
(CORPORATE SEAL)
The foregoing instrument was acknowledged before me this day of
200_, by , as of a
Florida corporation/partnership, on behalf of the corporation/partnership. He/She is _ personally
known to me or produced identification. Type of identification produced
(Seal)
My commission expires:
NOTARY PUBLIC:
Print Name:
11
EXHIBIT "A"
LEGAL DESCRIPTION
Parcel "A" of the Southgate at Nob Hill Plat according to the Plan thereof as recorded in Plat Book
170, Page 40 of the Public Records of Broward County, Florida.
ri
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:
65,000 sq. ft. of commercial use
The notation shown on the face of the PLAT clarifying and limiting the use of the platted
property is amended to:
Fifty -Three (53) townhome units
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 notation or the Finding of Adequacy
has expired.
If a building permit for a principal building for Parcel "A" (excluding dry models, sales and
construction offices) is not issued by December 9, 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 setforth 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 December 9, 2008 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,
providing 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.
[ ] Air Navigation Hazards.
Any structure within this Plat shall comply with section IV D1.f., Development review
Requirements of the Broward County Comprehensive Plan regarding hazards to air
navigation.
PJ
INSTR # 103663983
OR SK 36780 Pages 979 - 980
RECORDED 01/21/0407,46:47
BROWARD COUNTY COMMISSION
DEPUTY CLERK 2000
#2, 2 Pages
AGENT OF RECORD FOR NOTICE OF EXPIRATION OF FINDINGS OF ADEQUACY
Pursuant to the provisions of the Broward County Land Development Code, each applicant
shall provide Broward County with the name and address of the applicant's agent of record
for the purpose of notifying said agent of record of the pending expiration of the County's
findings of adequacy relating to the approval of a development permit. It is the obligation
of the applicant and/or future owners of the property to ensure that the agent of record
information is current at all times.
I
Name of Plat:-� ��4� c{eca►� o , L�_+� �c�r
Legal Description of Platted Property:__>..,��.•%--�Ct nlFt�
1��� La.� ��t_-- 1. •• -i� - iw:..—�,.. — �_. ��:. ( Y�-�r�_-�r� <l
Lour ,-ki ,
Name of Y--_-- .
Owner:- ��e � -_ b, __ �' __- l arc, ca- - - - - - - - - - -
Name of Agent of
Record:
Address of Agent of Record:
C-.
CAF#475
01/01/02
-------------------
Pr nt Name of Ow er
-_-__
Signature'of Owner
--- day of �_.:-�� - --- 20v4
STATE OF
SS.
COUNTY OF Z' )
The foregoing instrument was_. acknowledged before me this _� day of
------ 20 D� b ro_�c _ �'.. 0.� _--___— —__---who is
[v]personally known to me, or
[ ]produced identification. Type of identification produced --------------------.
Kim 1. LOSSii
&COMMIASiOB(V94596G
F.zpirea AL g Z, Zi4
���
Bonded -11ra
Atl�crti;: Botui.;ng Ca., Inc,
My commission expires:
-6 �)_
CAF#475
01/01/02
NOTARY PUBLIC:
Print nar e:
-1 m J._ D Ste.
_��..1,'�f�7
- j
�
�� -��
w
C7
0