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HomeMy WebLinkAboutCity of Tamarac Resolution R-2003-0441 1 1 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 1 1 L1 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. 11 11 1 �l 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. 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] 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. 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] 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. 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." E=3