HomeMy WebLinkAboutCity of Tamarac Resolution R-2003-0441
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Temp Reso #10051 — February 20, 2003
Revision No. 1 — March 6, 2003
Page 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2003- /-/�
A RESOLUTION OF THE CITY COMMISSION
OF THE CITY OF TAMARAC, FLORIDA,
AUTHORIZING THE APPROPRIATE CITY
OFFICIALS TO EXECUTE AN AGREEMENT
BETWEEN BROWARD COUNTY AND THE
CITY OF TAMARAC ENTITLED,
"AGREEMENT FOR AMENDMENT OF
NOTATION ON PLAT", RELATING TO THE
FUTURE DEVELOPMENT OF A PORTION
OF TRACT 1" OF THE "TAMARAC UTILITIES
ADMINISTRATION PLAT' LOCATED
BETWEEN NOB HILL ROAD AND HIATUS
ROAD APPROXIMATELY 1,900 FEET
NORTH OF WEST COMMERCIAL
BOULEVARD; DESIGNATING THE CITY
MANAGER AS AGENT OF RECORD FOR
NOTICE OF EXPIRATION OF FINDINGS OF
ADEQUACY; AUTHORIZING THE CITY
CLERK TO RECORD SAID DOCUMENT IN
THE PUBLIC RECORDS OF BROWARD
COUNTY (CASE NO. 4-MI-03); PROVIDING
FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City of Tamarac is the owner of a 17.50 acre parcel
located between Nob Hill Road and Hiatus Road approximately 1,900 feet north
of West Commercial Boulevard, more particularly known as Tract 1" of the
"Tamarac Utilities Administration Plat" (143-28); and
Temp Reso #10051 — February 20, 2003
Revision No. 1 — March 6, 2003
Page 2
WHEREAS, the City of Tamarac is in the process of developing a new
Public Services Facility on the western portion of Tract I" of the "Tamarac
Utilities Administration Plat"; and
WHEREAS, on October 23, 2002, the City Commission approved a
Delegation Request to amend a note on the Plat from 28,900 square feet of
Community Facility use to 40,000 square feet of Community Facility use and
23,100 square feet of use for a Fire Station; and
WHEREAS, on February 4, 2003, the Broward County Board of County
Commissioners approved a Delegation Request to amend a note on the
"Tamarac Utilities Administration Plat" from 28,900 square feet of Community
Facility use to 40,000 square feet of Community Facility use and 23,100 square
feet of use for a Fire Station; and
WHEREAS, the amendment of notation on the "Tamarac Utilities
Administration Plat" is necessary in order to allow the construction of the new
Public Services Complex; and
WHEREAS, the parties desire to enter into this Agreement regarding the
amendment of notation on the "Tamarac Utilities Administration Plat" as
described in Exhibit I" ("Agreement for Amendment of Notation on Plat"); 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 interest of the citizens and residents of the City of Tamarac to
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Temp Reso #10051 — February 20, 2003
Revision No. 1 — March 6, 2003
Page 3
authorize the appropriate City Officials to execute an Agreement between
Broward County and the City of Tamarac entitled, "Agreement for Amendment of
Notation on Plat" relating to the future development of a portion of Tract "1" of the
"Tamarac Utilities Administration Plat" located between Nob Hill Road and Hiatus
Road, approximately 1,900 feet north of West Commercial Boulevard.
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 the Agreement between Broward County and the
City of Tamarac entitled, "Agreement for Amendment of Notation on Plat" relating
to the future development of a portion of Tract 1" of the "Tamarac Utilities
Administration Plat" located between Nob Hill Road and Hiatus Road,
approximately 1,900 feet north of West Commercial Boulevard (attached hereto
as Exhibit 1") is HEREBY APPROVED.
Temp Reso #10051 — February 20, 2003
Revision No. 1 — March 6, 2003
Page 4
SECTION 3: That the City Manager is hereby designated as Agent
of Record for Notice of Expiration of Findings of Adequacy; and
SECTION 4: That the appropriate City Officials are hereby
authorized to execute said Agreement.
SECTION 5: That the City Clerk is hereby authorized to record said
documents in the Public Records of Broward County, Florida.
SECTION 6: All resolutions or parts of resolutions in conflict
herewith are hereby repealed to the extent of such conflict.
SECTION 7: 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 in application, it shall not affect the validity of the remaining
portions or applications of this Resolution.
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SECTION 8:
upon adoption.
Temp Reso #10051 — February 20, 2003
Revision No. 1 — March 6, 2003
Page 5
This Resolution shall become effective immediately
PASSED, ADOPTED AND APPROVED this 12th day of March, 2003.
ATTEST:
MARION SWENSON, CMC
CITY CLERK
I HEREBY CERTIFY that
have approved this
RESOLUTION as to form.
MITCH S.
CITY ATTORN
commdev\pats\u:\userdata\wpdata\reso\10051 reso
r
JOE SCHREIBER
MAYOR
RECORD OF COMMISSION'
MAYOR SCHREIBER
DIST 1: V/M. PORTNER
DIST 2: COMM. MISHKIN
DIST 3: COMM. SULTANOF
DIST 4: COMM. ROBERTS_
E:
EXHIBIT "1"
TEMP RESO #10051
Return original recorded copy to:
Development Management Division
115 S. Andrews Avenue, A240
Fort Lauderdale, FL 33301
Office of the City Clerk
City of Tamarac
7525 NW 88th.Avenue
Tamarac, FL 33321
Document prepared by:
J. Christopher King
Director of Community Development
City of Tamarac,
7525 N.W. 88'h Avenue
Tamarac, FL 33321
AGREEMENT FOR AMENDMENT
OF NOTATION ON PLAT
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",
Oki up
CITY OF TAMARAC, its successors and assigns, hereinafter referred to
as "DEVELOPER."
WHEREAS, DEVELOPER is the owner of the property shown on the
Tamarac Utilities Administration Plat, Plat Book 143 Page 28, hereinafter referred
to as "PLAT"; which PLAT or delegation request was approved by the Board of
County Commissioners of Broward County on October 18, 1988; 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 February 4, 2003;
NOW, THEREFORE, in consideration of the mutual terms, conditions and
promises hereinafter set forth, the COUNTY and DEVELOPER agree as follows:
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."
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 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:
Jeffrey L. Miller, City Manager
City of Tamarac
7525 N.W. 88th Avenue
Tamarac, FL 33321
With a copy to the City Attorney at the same address.
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.
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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]
K1
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
, acting by and through its ,
duly authorized to execute same.
F-1191143f
County Administrator and Ex-
Officio Clerk of the Board of
County Commissioners of
Broward County, Florida
COUNTY
BROWARD COUNTY, through its
BOARD OF COUNTY COMMISSIONERS
By
day of
Mayor
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
M-
Assistant County Attorney
day of
2003
, 2003
4
IN WITNESS WHEREOF, the CITY -DEVELOPER have made and
executed this Agreement on the respective dates under each signature, the CITY
OF TAMARAC through its City Manager and its City Commission signing by and
through its Mayor, Joe Schreiber, duly authorized to execute the same.
CITY OF TAMARAC-DEVELOPER
By: .
Joe Schreiber, Mayor
Date: 3 L_L>I ° _!)
ATTEST:
By: �i�11 Jeffr L. filler, City Manager
Marion Swenson, CMC
City Clerk
Date: 3 I
Date:
Approved as to form and legal
By: v "
Mitchell . Kr , (W Attorney
Date: 2 ��
61
STATE OF FLORIDA
:SS
COUNTY OF o
Before me personally appeared&L"-cr rJ r_j-y L.1 A4n me well
known and known to me to be the person described in and who executed the
foregoing instrument, and acknowledged to and before me that he/she executed
said instrument for the purposes therein expressed.
WITNESS my hand and official seal, this day of ' R , 2003.
r
NOTA PUBLIC, State of
Florida At Large
e- A.
Print or Type Name of Notary
My Commission Expires: ,Y,., w JUNE A. WHITE
Notary Public - SUM of FWAS
• = MyCmuieaion EONAuG A MM
( ersonally known to me s Commission # 00119065
( ) Produced Identification „� Bonded By National Notary Ann.
( ) Did take an oath, or ( id Not take an oath.
Ev
EXHIBIT "A"
TAMARAC UTILITIES ADMINISTRATION PLAT
LEGAL DESCRIPTION
TRACT 1 OF THE TAMARAC UTILITIES ADMINISTRATION PLAT AS
RECORDED IN PLAT BOOK 143, PAGE 28 OF THE PUBLIC RECORDS OF
BROWARD COUNTY.
VA
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 is amended from:
"This plat is restricted to 28,900 square feet of public community facility.
This note is required by Chapter 5, Article IX, Broward County Code of
Ordinances, and may be amended by agreement with Broward County."
The notation shown on the face of the PLAT clarifying and limiting the use
of the platted property is amended to:
"This plat is restricted to 40,000 square feet of community facility and
23,100 square feet of fire station use.
If a building permit for a principal building for the additional 11,100 square
feet of community facility or 23,100 square feet of fire station (excluding
dry models, sales and construction offices) and first inspection approval
are not issued by February 4, 2008, which date is five (5) years from the
date of approval of a request 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
the Broward County Land Development Code. 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;
and/or
If construction of project water lines, sewer lines, drainage, and the rock
base or internal roads have not been substantially completed by February
4, 2008, which date is five (5) years from the date of approval of a request
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 the Broward County
Land Development Code. 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."
n
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.
Name of Plat Tamarac Utilities Administration Plat
Legal Description of Platted Property: see Exhibit "A"
Name of
Owner: City of Tamarac
Name of Agent of
Record: Jeffrey L. Miller, City Manager
Address of Agent of Record:
7525 N.W. 88th Avenue
Tamarac, FL 33321
Print Name of Owner
ign tune of Owner
f:� day of MRk- , 2003
�7
STATE OF )
) SS
COUNTY OF Per'° wQ r6l )
The foregoing instrument was acknowledged before me this 13 _ ._ - day
of , 2003, by �1��'�-� _ L - M L who is
[ personally known to me, or
[ ] produced identification. Type of identification produced
NOTARY PUBLIC:
JUNE A. WHITE -�
(Seal) mry Public
Commlrrlon • gti119065
Banged BY NaWnal Nab" A"n-
Print ame:
My commission expires: a-/i.,5 Q-00 6
10
ARPZ1
Return original recorded copy to:
Development Management Division
115 S. Andrews Avenue, A240
Fort Lauderdale, FL 33301
Office of the City Clerk
City of Tamarac
7525 NW 88th Avenue
Tamarac, FL 33321
Document prepared by:
J. Christopher King
Director of Community Development
City of Tamarac,
7525 N.W. 88`h Avenue
Tamarac, FL 33321
AGREEMENT FOR AMENDMENT
OF NOTATION ON PLAT
INSTR # 103097095
OR BK 35556 Pages 410 - 417
RECORDED 07/09/03 10.27:54
BROWARD COUNT Y COMMISSION
DEPUTY CLERK 2000
#1, 8 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
CITY OF TAMARAC, its successors and assigns, hereinafter referred to
as "DEVELOPER."
WHEREAS, DEVELOPER is the owner of the property shown on the
Tamarac Utilities Administration Plat, Plat Book 143 Page 28, hereinafter referred
to as "PLAT"; which PLAT or delegation request was approved by the Board of
County Commissioners of Broward. County on October 18, 1988; 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 February 4, 2003;
Tt MJJ-
1r�J NT 00NTU
NOW, THEREFORE, in consideration of the mutual terms, conditions and
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."
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 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:
Jeffrey L. Miller, City Manager
City of Tamarac
7525 N.W. 88t" Avenue
Tamarac, FL 33321
With a copy to the City Attorney at the same address.
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.
2
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]
K,
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 a or or Vice Mayor, authorized to execute sam ; and
acting by and through its a ,
duly 4uthorized to execute same.
ATTEST:
.X ��c "�- - -,-e
County Administrator and Ex-
Officio Clerk of the Boardf
County Commissioners of
Broward County,;.F1Y�icla°"'',,
4grro m. I '
W !
COUNTY
BROWARD COUNTY, through its
BOARD OF COUNTY COMMISSIONERS
By
Mayor
3'Le day of J , 2003
Approved as to form by
Office of County Attorney
Z Broward County, Florida
Government Center, Suite 423
115 South Andrews Avenue
Fort Lauderdale, Florida 33301
Telephone: (954) 357-7600
Telecopier: (954) 357-6968
By
Assistant County Attorney
6.�i day of ' , 2003
1'!
IN WITNESS WHEREOF, the CITY -DEVELOPER have made and
executed this Agreement on the respective dates under each signature, the CITY
OF TAMARAC through its City Manager and its City Commission signing by and
through its Mayor, Joe Schreiber, duly authorized to execute the same.
CITY OF TAMARAC-DEVELOPER
By:
Joe Schreiber, Mayor
Date: 31 f 3 I ° -!>
ATTEST:
By: 01
By: Jeffr L. Miller, City Manager
Marion Swenson, CMC
City Clerk /
Date: 3 � l � 10 ;�
Date: / -702
Approved as to form and legal
LA
Mitchell S. Kr&K,, (i# Attorney
Date:
5
STATE OF FLORIDA
:SS
COUNTY OF 0
Before me personally appeared slr" zr r��tlt L. �Atto me well
known and known to me to be the person described in and who executed the
foregoing instrument, and acknowledged to and before me that he/she executed
said instrument for the purposes therein expressed.
WITNESS my hand and official seal, this 23day of , I" MI , 2003.
o' ).. ��-
NOTA&( PUBLIC, State of
Florida At Large
-:71 d e A. LJ"
Print or Type Name of Notary
My Commission Expires: ,Y... JUNE A. WHITE
Notary Public - State o1 Florida
Eli
x . z My Commission as AW 15. MM
( ersonally known to me s Commission M UD1 065
Bonded ( ) Produced Identification „� d SY National NotaryAsan.
( ) Did take an oath, or ( id Not take an oath.
0
EXHIBIT "A"
TAMARAC UTILITIES ADMINISTRATION PLAT
LEGAL DESCRIPTION
TRACT 1 OF THE TAMARAC UTILITIES ADMINISTRATION PLAT AS
RECORDED IN PLAT BOOK 143, PAGE 28 OF THE PUBLIC RECORDS OF
BROWARD COUNTY.
7
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 is amended from:
"This plat is restricted to 28,900 square feet of public community facility.
This note is required by Chapter 5, Article IX, Broward County Code of
Ordinances, and may be amended by agreement with Broward County."
The notation shown on the face of the PLAT clarifying and limiting the use
of the platted property is amended to:
"This plat is restricted to 40,000 square feet of community facility and
23,100 square feet of fire station use.
If a building permit for a principal building for the additional 11,100 square
feet of community facility or 23,100 square feet of fire station (excluding
dry models, sales and construction offices) and first inspection approval
are not issued by February 4, 2008, which date is five (5) years from the
date of approval of a request 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
the Broward County Land Development Code. 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;
and/or
If construction of project water lines, sewer lines, drainage, and the rock
base or internal roads have not been substantially completed by February
4, 2008, which date is five (5) years from the date of approval of a request
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 the Broward County
Land Development Code. 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."
F;�
y
INSTR # 103097096
OR BK 35556 Pages 418 - 420
RECORDED 07/09/03 10:27:54
AGENT OF RECORD FOR NOTICE OF BROWARD COUNTY COMMISSION
EXPIRATION OF FINDINGS OF ADEQUACY #z PU3 TYCLERK 2000
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.
Name of Plat Tamarac Utilities Administration Plat
Legal Description of Platted Property: see Exhibit "A"
Name of
Owner: City of Tamarac
Name of Agent of
Record: Jeffrey L. Miller, City Manager
Address of Agent of Record:
7525 N.W. 88'h Avenue
Tamarac, FL 33321
jt5frFrZ01 L . L LEfr-
Print Name of Owner
ign ture of Owner
1:� day of Mkk-c-q __, 2003
RY
4k0ited
RfiTURN TQ ppgQjWE CQNfi pL
110
STATE OF
) SS
COUNTY OF �jrt�c,vQ ral )
The foregoing instrument was acknowledged before me this 13 day
of , 2003, by who is
[ personally known to me, or
[ ] produced identification. Type of identification produced
NOTARY PUBLIC:
(Seal) JUNE A. WHITE
_ + s Commlaaian t Dp11ti055
Bonded By National Notary A"n.
Print ame:
My commission expires: g-IiS�apo
EXHIBIT "A"
TAMARAC UTILITIES ADMINISTRATION PLAT
LEGAL DESCRIPTION
TRACT 1 OF THE TAMARAC UTILITIES ADMINISTRATION PLAT AS
RECORDED IN PLAT BOOK 143, PAGE 28 OF THE PUBLIC RECORDS OF
BROWARD COUNTY.
t
� � I
Return original recorded copy to:
Development Management Division
115 S. Andrews Avenue, A240
Fort Lauderdale, FL 33301
Office of the City Clerk
City of Tamarac
7525 NW 88th Avenue
Tamarac, FL 33321
Document prepared by:
J. Christopher King
Director of Community Development
City of Tamarac,
7525 N.W. 88`h Avenue
Tamarac, FL 33321
AGREEMENT FOR AMENDMENT
OF NOTATION ON PLAT
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",
►%
CITY OF TAMARAC, its successors and assigns, hereinafter referred to
as "DEVELOPER."
WHEREAS, DEVELOPER is the owner of the property shown on the
Tamarac Utilities Administration Plat, Plat Book 143 Page 28, hereinafter referred
to as "PLAT"; which PLAT or delegation request was approved by the Board of
County Commissioners of Broward. County on October 18, 1988; 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 February 4, 2003;
NOW, THEREFORE, in consideration of the mutual terms, conditions and
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."
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 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:
Jeffrey L. Miller, City Manager
City of Tamarac
7525 N.W. 881" Avenue
Tamarac, FL 33321
With a copy to the City Attorney at the same address.
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.
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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]
Kj
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 Ma or or Vice Mayor, authorized to execute same, and
,acting by and through its
duly a thorized to execute same.
ATTEST:
County Administrator and Ex- "'w
COUNTY
BROWARD COUNTY, through its
BOARD OF COUNTY COMMISSIONERS
Officio Clerk of the BoArq,of By
y ° Mayor
Count Commissidn 6 i
Broward County, F ri ,��
day of J� , 2003
Ppp ved as to form by
'"�s° bffice 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
Assistant County Attorney
day of t , 2003
►t
IN WITNESS WHEREOF, the CITY -DEVELOPER have made and
executed this Agreement on the respective dates under each signature, the CITY
OF TAMARAC through its City Manager and its City Commission signing by and
through its Mayor, Joe Schreiber, duly authorized to execute the same.
CITY OF TAMARAC-DEVELOPER
ATTEST:
1
By Marion Swe on, CMC
City Clerk
Date: 3 1 1110 �)
Date: 3 3 /° 3
B y.
Jeffr L. ffiller, City Manager
Date.
ffici
M
3/( 3/Z)3
as to form and legal
Mitchell S. Kraft, C
j o 0
Date:
5
STATE OF FLORIDA
:SS
COUNTY OF R.owp'
t
Before me personally appeared��►r�'qL M,le well
known and known to me to be the person described in and who executed the
foregoing instrument, and acknowledged to and before me that he/she executed
said instrument for the purposes therein expressed.
WITNESS my hand and official seal, this 13 day of , 2003.
u 9 '�' a7tE�-
NOTARY UBLIC, State of
Florida At Large
Print or Type Name of Notary
My Commission Expires:
JUNE A. WHITE
Notary PublIc - State :31 FWda
( Personally known to me =. MyC,ommisabnExpr--,-k415,ak)6
Commission ! D911s
Produced Identification Banded Y Natonal Notary Assn.
( ) Did take an oath, or ( j4 id Not take an oath.
n.
EXHIBIT "A"
TAMARAC UTILITIES ADMINISTRATION PLAT
LEGAL DESCRIPTION
TRACT 1 OF THE TAMARAC UTILITIES ADMINISTRATION PLAT AS
RECORDED IN PLAT BOOK 143, PAGE 28 OF THE PUBLIC RECORDS OF
BROWARD COUNTY.
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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 is amended from:
"This plat is restricted to 28,900 square feet of public community facility.
This note is required by Chapter 5, Article IX, Broward County Code of
Ordinances, and may be amended by agreement with Broward County."
The notation shown on the face of the PLAT clarifying and limiting the use
of the platted property is amended to:
"This plat is restricted to 40,000 square feet of community facility and
23,100 square feet of fire station use.
If a building permit for a principal building for the additional 11,100 square
feet of community facility or 23,100 square feet of fire station (excluding
dry models, sales and construction offices) and first inspection approval
are not issued by February 4, 2008, which date is five (5) years from the
date of approval of a request 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
the Broward County Land Development Code. 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;
and/or
If construction of project water lines, sewer lines, drainage, and the rock
base or internal roads have not been substantially completed by February
4, 2008, which date is five (5) years from the date of approval of a request
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 the Broward County
Land Development Code. 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."
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