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HomeMy WebLinkAboutCity of Tamarac Resolution R-2003-238Temp Reso #10263 — October 6, 2003 Revision No. 1 — October 9, 2003 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2003- a3$ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE EXECUTION OF THE "REGIONAL ROAD CONCURRENCY AGREEMENT— COUNTY PROJECT" BETWEEN BROWARD COUNTY, TUSCANY TOWNHOMES, INC. AND THE CITY OF TAMARAC FOR ROAD CONCURRENCY RELATING TO "TUSCANY PLAT" LOCATED ON THE NORTHWEST CORNER OF NW 57T" STREET AND NW 79T" AVENUE (CASE NO.3-AP-03); 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 Exhibit "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 "Regional Road Concurrency Agreement — County Project" (attached hereto as Exhibit 1") to satisfy concurrency requirements for impact areas relating to "Tuscany Plat"; and Temp Reso #10263 — October 6, 2003 Revision No. 1 — October 9, 2003 Page 2 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 "Regional Road Concurrency Agreement — County Project' between Broward County, Tuscany Townhomes, Inc. and the City of Tamarac for Road Concurrency relating to "Tuscany Plat" located on the northwest corner of NW 57'h Street and NW 791h 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. L; 1 1 1 �l Temp Reso #10263 — October 6, 2003 Revision No. 1 — October 9, 2003 Page 3 SECTION 2: That the appropriate City Officials are hereby authorized to execute the "Regional Road Concurrency Agreement — County Project" between Broward County, Tuscany Townhomes, Inc., and the City of Tamarac for Regional Road Concurrency relating to "Tuscany Plat" (attached hereto as Exhibit "1 ") 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. SECTION 5: passage and adoption. Temp Reso #10263 -- October 6, 2003 Revision No. 1 — October 9, 2003 Page 4 This Resolution shall become effective immediately upon its PASSED, ADOPTED AND APPROVED this 22" day of October, 2003. ATTEST: MARION SWENSON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. MITCHEf,.VS. KlXKF CITY ATTORNEY com mdev\u:\pats\u serdata\wpdata\res\ 10263reso JOE SCHREIBER 11141YOT, RECORD OF COMMISSION VOTE: MAYOR SCHREIBER DIST 1: COMM. PORTNER DIST 2: COMM. FLANSBAUM-TALAB S O DIST 3: COMM. SULTANOF DIST 4: V/M ROBERTS 1 1 1 EXHIBIT 111PI TEMP RESO #10263 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 3330' INSTR # 103500838 OR B K 36453 Pages 355 - 365 RECORDED 11119103 09:12:35 BROWARD COUNTY COMMISS10N DEPUTY CLERK 1016 #1, 11 Pages REGIONAL ROAD CONCURRENCY AGREEMENT - COUNTY PROJECT This is an Agreement, maje and �A-itered inic by and between: BROWARD COUNTY, a political subdivision of the state of Florida, hereinafter referred to as "COUNTY," AND TUSCANY TOWNHOME8, 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 c)f pj-opos�,,d 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 Tuscany Plat (047-MP-03) , hereinafter referred to as "PLAT," more particularly described in Exhibit "A" attached hereto and made a part hereof; and CAF#369 r/ d-f 01/01/02 1 ApProved Su'c pl� , Submitted BY RETURN. To C)OGUMENT CONTRO14 WHEREAS, on — August 8, 2003 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 Commercial 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 IMPRO EMENTS. (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. CAF#369 01/01/02 2 (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 CAF#369 01101/02 3 For the DEVELOPER: Tuscany Townhomes, Inc. c/o Mr. Anthony Mijares United Homes, International, Inc. 7975 NW 154 Street Suite 400 Miami Lakes, FL 33016 For the CITY: City of Tamarac Attention: City Manager 7525 NW 88 Avenue Tamarac, FL 33321 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 . 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. CAF#369 01/01102 4 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] CAF#369 01/01/02 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 Mayor or Vice Mayor, authorized to execute same by Board action on the _ day of 1 20—, CITY OF TAMARAC , signing by and through its Mayor and City Manager, duly authorized to execute same, and DEVELOPER, signing by and through its C(4N(,t duly authorized to execute same. ATTEST: County Administrat8'r �n Ex-Officio Clerk of the Board of County Commissionef4w of Broward County, Florid % CAF#369 01/01/02 r*9 COUNTY BROWARD COUNTY, through its BOARD OF COUNTY COMMISSIONERS Mayor day of 20 O'S 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 ByZ 7). 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 1 20_, by ]personally known to me, or ]produced identification. Type of identification produced NOTARY PUBLIC: (Seal) My commission expires: CAF#369 01/01/02 7 — day of who is DEVELOPER-CORPORATION/PARTNERS HIP Witnesses (if partnership): TUSCANY TOWNHOMES, INC., a Florida corporation �V� - (Signature) Print name:Vv c& ��Am 4Vatu) Print name-.— P�� ATTEST (if corporation): (Secretary Signature) Print Name of Secretary: By (Signature) Print name: finffi=14 rn"ia0nS—f Title- 11 Address: MW 15-*-k I'Ake& 1=1- _23 day of 20na (CORPORATE SEAL) ACKNOWLEDGMENT - CORPORATIONIPARTNERSHIP STATE OF FLORIDA )SS. COUNTY OF MIAMI-DADE ) Thnq foregoing instrument was acknowledged before me this Qe�Aday of 2003, by as of covalomg.s_ �S� , a vtq�iAz corporation/partnership, on behalf of the orporation/ partnership. Fie or she is: ]personally known to me, or ]produced identification. Type of identification produced "'0�\\\j M. Pe/0 NX . .......... NOTARY PUBLIC: osfov (Seal) 0 My commission expir&� - #rdt &m e: #CC907019 CAF#369 01101/02 8 CITY (if Property is located within a City) WITNESSES: ATTEST: Uly kIUFK CAF#369 01/01/02 CITY of —TAMARAC B Y79— c�� day of 4�T_e-tlrj, 20LJ B /,tity Manager c�Q day of 20r)--5 A V)E AS M: Bly C City ity Afto- eWy L WO EXHIBIT "All DESCRIPTION OF TUSCANY PLAT LEGAL DESCRIPTION: A PORTION OF TRACT 15. "FORT LAUDERDALE TRUCK FARMS SUBDIVISION", 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 01'26'27" 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 01026'27" 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 ELEVEW, 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. 10 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 Commercial Boulevard. # 1201748 vl CAF#369 01/01/02 11