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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