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.
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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
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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
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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.
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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:
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.
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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
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
%
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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:
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— 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
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CITY
(if Property is located within a City)
WITNESSES:
ATTEST:
Uly kIUFK
CAF#369
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CITY of —TAMARAC
B
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c�� day of 4�T_e-tlrj, 20LJ
B
/,tity Manager
c�Q day of 20r)--5
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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.
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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 Commercial Boulevard.
# 1201748 vl
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