HomeMy WebLinkAboutCity of Tamarac Resolution (57)February 20, 2002 - Temp. Reso. #9686 1
Revision No. 1 — February 20, 2002
Revision No. 2 — February 27, 2002
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2002-57
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF TAMARAC, FLORIDA, ISSUING
REVISED DEVELOPMENT ORDER NO. 264.1
AND GRANTING NEW DEVELOPMENT SITE
PLAN APPROVAL TO CATALINA LAKES TO
ALLOW THE CONSTRUCTION OF EIGHTY-
FOUR (84) TOWNHOME UNITS WITH A POOL
AND CABANA AND ASSOCIATED PARKING,
LANDSCAPING AND INFRASTRUCTURE
IMPROVEMENTS, LOCATED AT THE
SOUTHWEST CORNER OF NOB HILL ROAD
AND NW 80 STREET, SPECIFICALLY A
PORTION OF PARCEL "A" OF THE "KINGS
POINT COMMERCIAL PARK", PLAT,
ACCORDING TO THE PLAT THEREOF AS
RECORDED IN PLAT BOOK 150, PAGE 9 OF
THE PUBLIC RECORDS OF BROWARD
COUNTY, FLORIDA (CASE NO. 28-SP-01);
PROVIDING FOR CONDITIONS OF APPROVAL;
PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, pursuant to the instructions of the City Commission of Tamarac,
Florida, a public meeting has been advertised in accordance with applicable law of the
date, time and place of the meeting regarding the review of the application for a
development order and site plan approval by the applicant for development approval; and
WHEREAS, the current zoning classification of the subject property is B-1
(Neighborhood Business District); and
WHEREAS, Gerald L. Knight, Esq., Holland and Knight, LLP (Designated Agent for
owner) has requested the subject property be rezoned from B-1 (Neighborhood Business
February 20, 2002 - Temp. Reso. #9686 2
Revision No. 1 — February 20, 2002
Revision No. 2 — February 27, 2002
District) to R-4A (Planned Apartment Residential District) in order to facilitate the
development of the proposed 84 unit townhome development (Case No. 23-Z-01); and
WHEREAS, approval of the Site Plan Request is contingent upon the rezoning of
the property to R-4A (Planned Apartment Residential District) as requested by the
Designated Agent for owner (Case No. 23-Z-01); and
WHEREAS, the City Commission has examined the application, the staff and
Planning Board recommendations, and the Development Review Status Sheet dated
February 20, 2002 (attached hereto as Exhibit "1 "); and
WHEREAS, the Development Review Committee recommended approval on
December 7, 2001; and
WHEREAS, the Planning Board recommended approval on February 20,2002; and
WHEREAS, the Director of Community Development recommends approval; and
WHEREAS, the City Commission will review this development order and site plan
approval accompanying documents at a public meeting; and
WHEREAS, the City Commission has determined that the application is in
compliance with all elements of the Comprehensive Plan, or will be in compliance with all
elements of the Comprehensive Plan prior to the issuance of a Certificate of Occupancy for
the development; 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 issue Revised
Development Order No. 264.1 and grant New Development Site Plan approval to Catalina
Lakes to allow the construction of eighty-four (84) townhome units with a pool and cabana
February 20, 2002 - Temp. Reso. #9686 3
Revision No. 1 — February 20, 2002
Revision No. 2 — February 27, 2002
and associated parking, landscaping and infrastructure improvements, located at the
southwest corner of Nob Hill Road and NW 80 Street, specifically a portion of Parcel "A" of
the "Kings Point Commercial Park" Plat, according to the Plat thereof as recorded in Plat
Book 150, Page 9 of the Public Records of Broward County, Florida (Case No. 28-SP-01).
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 issuance of Revised Development Order No. 264.1
and granting of New Development Site Plan approval to Catalina Lakes to allow the
construction of eighty-four (84) townhome units with a pool and cabana and associated
parking, landscaping and infrastructure improvements, located at the southwest corner of
Nob Hill Road and NW 80 Street; specifically a portion of Parcel "A" of the "Kings Point
Commercial Park" Plat, according to the Plat thereof as recorded in Plat Book 150, Page 9
of the Public Records of Broward County, Florida (Case No. 28-SP-01); is HEREBY
UT.-Tin.-T671"I
SECTION 3: Revised Development Order No. 264.1 and the New
Development Site Plan issued and granted herein are subject to the following conditions:
1. Construction is to be in complete compliance with the plans and specifications
submitted by the developer to the City of Tamarac as described in Section II of
the Development Review Status Sheet and approved engineering drawings.
February 20, 2002 - Temp. Reso. #9686 4
Revision No. 1 — February 20, 2002
Revision No. 2 — February 27, 2002
2. Commencement of construction shall begin no later than one (1) year from the
date of this approval. If the development does not commence construction
within one (1) year, this approval is null and void unless an extension has been
granted in accordance with applicable regulations.
3. Provide Fifty Thousand Dollars ($50,000.00) in additional landscaping within the
project area, if possible or in the alternative, contribute an equivalent amount
($50,000.00) to complete landscaping in the adjacent vicinity, or other
improvements to be determined by the residents of the three (3) communities.
4. Construct a temporary fence with plastic/vinyl mesh screening along all sides of
property banks to screen view of project during construction.
5. A twenty-five (25 lb.) pound dog restriction limited to one (1) per unit.
6. During construction, vehicles will park in areas screened from view from the
right-of-way to minimize impacts to existing residential communities.
7. Remove existing boulders on NW 80 Street and replace with gate at access
point, as well as replace missing existing vegetation along NW 80 Street.
8. The development order is assignable, but an assignment does not discharge
any assignee from strict compliance with the order unless the City Commission
consents to modify any of the original requirements.
9. Approval of this Development Order is subject to the property being rezoned to
R-4A (Planned Apartment Residential District).
SECTION 4: All resolutions or parts of resolutions in conflict herewith are
hereby repealed to the extent of such conflict.
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February 20, 2002 - Temp. Reso. #9686 5
Revision No. 1 — February 20, 2002
Revision No. 2 — February 27, 2002
SECTION 5: 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 6: This Resolution shall become effective immediately upon its
passage and adoption.
PASSED, ADOPTED, AND APPROVED this 27th day of February, 2002.
ATTEST:
MARION-SWENSON, CMC
CITY CLERK
I HEREBY CERTIFY that I
have approved this
R'E'IOLIDTION as to form
ITCHELL
CITY ATTO)W4tY
com and ev\u:\pats\userd ata\wpdata\res\9686reso
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JOE SCHREIBER
MAYOR
RECORD OF COMMISSION VOTE:
MAYOR SCHREIBER A-yel
DIST 1: COMM. PORTNER A er
DIST 2: COMM. MISHKIN Alves
DIST 3: V/M SULTANOF Aye,,
DIST 4: COMM. ROBERTS Al -ye,
EXHIBIT "1"
TEMP RESO #9686
CITY OF TAMARAC
7525 NORTHWEST 88 AVENUE TAMARAC, FLORIDA 33321
TELEPHONE (954) 724-1292
DEVELOPMENT REVIEW STATUS SHEET
Date: February 20, 2002
Orig. Dev. Order: 264
Revised Dev. Order: 264.1
Project: Catalina Lakes
Master File: 25-89
Location: Southwest corner of Nob Hill Road and NW 80 Street
Developer: United Homes International, Inc.
Owner: United Homes International, Inc.
Zoning: R-4A
Future Land Use Designation: Medium -Density Residential
Acres: 6.09 acres, more or less
Recommended Date for Commission Action: February 27, 2002
1. DEVELOPMENT ORDER FOR: NEW DEVELOPMENT SITE PLAN APPROVAL
Comments: Subject to Findings.
2. PLANNING BOARD RECOMMENDATION: APPROVAL
Date of Action: February 20, 2002
Planning Board findings of compliance with certified Plan: Yes
3. FINAL ENGINEERING DRAWINGS:
On file in the City Engineer's Office
4. LANDSCAPE PLAN: February 7, 2002
5. BROWARD COUNTY DEVELOPMENT REVIEW COMMITTEE REPORT: N/A
1
EXHIBIT "1"
TEMP RESO #9686
6. DEVELOPERS AGREEMENTS/FEES (where applicable)
A. Water and Sewer Developer's Agreement:
Utilities Engineer
City Attorney Required before Building or Utility
Construction Permits are issued.
B. Other Development Agreements (Covenants, Stipulations, etc.)
Utility Easement, Blanket Public Safety Ingress/Egress Easement,
Public Utility Easement
C. Drainage Retention: N/A Fee Amount: N/A
5% Required/Acres
Deficiency/Acres X $45,500/Acre
D. Drainage Improvement: N/A Fee Amount: N/A
Project Acreage X $130.00/Acre
E. Water & Sewer Contribution Charges Fee Amount: To be determined
by Water/Sewer
Developer's
Agreement.
F. ERC Review Fee, if more than 9 ERC's Fee Amount: $750.00
G. Local Parks/Recreation
J
Public Works Engineering Fees
Utility Engineering Fees
Bonds (Utilities, Public Works)
Fee Amount: To be calculated
pursuant to Sec.
10-296 City Code
Fee Amount: To be determined
Fee Amount: Determined by
certified Cost
Estimates.
Bond Amount: Determined by
certified Cost
Estimates.
Date: Approved by City Engineer N/A
Utilities Engineer N/A
City Attorney N/A
On Site Beautification
2
Fee Amount: N/A
EXHIBIT "1"
TEMP RESO #9686
K. Local Traffic Impact Fees:
7. DEVELOPMENT REVIEW REQUIREMENTS
Fee Amount: $13,224.00
A. Potable Water Service
Certification of Utilities Engineer or Consulting Engineer of Availability
Service:
AVAILABLE X WILL BE AVAILABLE NOT AVAILABLE
B. Waste Water Treatment and Disposal Service
Certification of Utilities Engineer or Consulting Engineer of Availability
Service:
AVAILABLE X WILL BE AVAILABLE NOT AVAILABLE
C. Solid Waste Disposal Service
Determination of Availability of Service:
AVAILABLE WILL BE AVAILABLE X NOT AVAILABLE
D. Drainage Adequately
Certification of City Engineer or Consulting City Engineer of Adequacy of
Drainage
ADEQUATE WILL BE ADEQUATE X NOT ADEQUATE
E. Regional Transportation Network
Compliance with Minimum Standards:
COMPLIES X WILL COMPLY DOES NOT COMPLY
F. Local Streets and Roads
Compliance with Minimum Standards:
COMPLIES X WILL COMPLY DOES NOT COMPLY
G. Police Protection Service
Compliance with Minimum Standards:
COMPLIES WILL COMPLY X DOES NOT COMPLY
H. Local Parks (Parks and Recreation Facilities) N/A
I. School Sites: N/A
8. PROCESSING FEES (PAID)
New Development Site Plan $2,250.00
u:\pats\userdata\wpdata\forms\9686drss
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CATALINA LAKES
CASE NO. 28-SP-01 - TEMP RESO #9686
1000 0 1000 Feet
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CITY COMMISSION u City of Tamarac
F
February 27, 2002
J. Christopher King
New Develo ment Site Plan muDirector
p Comnity Development
7525 N.W. 88th Ave., Tamarac, Florida 33321-2401
Telephone: (954) 724-1292
Facsimile: 724-2453
DESIGNATION OF AGENT
FOR QUASI-JUDICIAL PROCEEDINGS
DATE:
CASE: NO.:
IN THE MATTER OF:
r
a 9 - cSd- D
ANY PERSON APPEARING ON YOUR BEHALF, IN YOUR ABSENCE, MUST BE
DESIGNATED AS YOUR AGENT ON THIS FORM OR SUCH PERSON WILL NOT BE
ENTITLED TO SPEAK AT THE QUASIJUCIDIAL HEARING AND THE MATTER
MAY BE DETERMINED WITHOUT THE BENEFIT OF THEIR TESTIMONY.
Donna C. West
Carnahan,Proctor,& Cross,Inc. WILL ATTEND THE 'QUASI-JUDICIAL
(insert name of Agent)
HEARING`TO BE HELD ON IN MY ABSENCE. IN ADDITION,
Donna C. West HAS MY PERMISSION TO ACT AS* MY AGENT IN
ALL M4.7E�S ELATING TO ANY PROCEEDINGS RELATED TO
ata Ana La es
(Address of subject property)
THIS FORM MUST BE RETURNED PRIOR TO THE QUASI-JUDICIAL. HEARING.
SIGNATURE: OF Vendee
United Homes International, Inc.
i1vi � QCAOso
Print Name of Owner)
STATE OF FLORIDA:
COUNTY OF BROWARD:
NAMEJADDRESS AND PHONE NO.
OF DESIGNATED AGENT:
Donna C.West
(Print Name of Designated Agent)
gg 6p�aRjroticrBlvdross , Inc .
Margate , F'L 33063
Phone: (954)_ 972-3959 Fax: (954) 972-4178
Th foregoing instrument w acknowledged before me this day of
2pD! : by " ,1th �� ]N .Qz , owner of property, who Is
erso k own Itog me or has produced, identificallon ( land
who (did/did not) take an oal S01%M11111pl,,> (type of identiflcation)
• N ary Pu 'c State of Florida
My Commission Expires=* :�
������"ita1itiiiia �t\�\�,, (Type or print name of Notary)
Return recorded copy 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 3330.1
INSTR # 101937296
OR 8K 33200 Pages 124 -132
RECORDED 05/30/0212:46:52
BROWARD COUNTY COMMISSION
DEPUTY CLERK 1010
#1
CD
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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,"
AND
Madalyn Rosen as Trustee under Trust Agreement dated September 10, 2001
and-:-kaawn_as_the er deed recorded* , its successors
and assigns, hereinafter referred to as "DEVELOPER."
WHEREAS, DEVEIPOPkER is the owner of property shown on the
Kings Point Commercial/ alfat, Plat No./Clerk's File No.2�_�_�_�,
hereinafter referred to as "PLAT;" which PLAT or delegation request was approved by the
Board of County Commissioners of Broward County orgy► 11��Q_; 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
May 14, .2002;
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.
*in Official Records Book 32426, at Page 383
CAF#358
01/01/02 1
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m
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 of notice shall
remain such until it is changed by written notice in compliance with the provisions
of this paragraph. For the present, the parties designate the following as the
respective places for giving notice:
For the COUNTY:
Director, Development Management Division of Broward County
115 South Andrews Avenue, Room A240
Fort Lauderdale, FL 33301
For the DEVELOPER:
_LLQU1LLt.P_d Homes International, Inc.
7975 NW 154 Street�Sui to 400--—_—_�
Miami _.Laka. ,-EL.-I—___ ___—_—__--
4. RECORDATION. This Agreement shall be recorded in the Public Records of
Broward County Florida, at the DEVELOPER's expense. The benefits and
obligations contained in this Agreement shall inure to grantees, successors, heirs,
and assigns who have an interest in the PLAT.
5. VENUE: CHOICE OF LAW. Any controversies or legal issues arising out of this
Agreement and any action involving the enforcement or interpretation of any rights
hereunder shall be submitted to the jurisdiction of the State Courts of the
Seventeenth Judicial Circuit of Broward County, Florida, the venue sitis, and shall
be governed by the laws of the State of Florida.
6. NOTATIONS. All other notations on the face of the above referenced PLAT not
amended by this Agreement shall remain in full force and effect.
7. CHANGES TO FORM AGREEMENT. DEVELOPER represents and warrants that
there have been no amendments or revisions whatsoever to the form Agreement
without the prior written consent of the County Attorney's Office. Any unapproved
changes shall be deemed a default of this Agreement and of no legal effect.
CAF#358
01/01/02 2
00 K 4 g D r, b unfl '
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]
CAF#358
01 /01 /02 3
IN WITNESS WHEREOF, the COUNTY and DEVELOPER have made and
executed this Agreement on the respective dates under each signature: BROWARD
COUNTY through its Board of County Commissioners, acting by and through its Chair or
Vice Chair, authorized to execute same; and Bach]-cn Rosen, as Trus-te ., eic.
acting by and through its , duly authorized to execute
same.
COUNTY
ATTEST BROWARD COUNTY, through its
BOARD OF COUNTY COMMISSIONERS
CouAtyvdministrator and x- Jt�
Officio Clerk of the Board of B
County Commissioners of ,,.„�,�•�,Chair
Broward County, Florida c
day of _, 20 Z—
.••
v 0 47�
7,9 Si�Approved as to form by
.
'.O ry office of County Attorney
'•.rrr`;.•° roward County, Florida
Government Center, Suite 423
115 South Andrews Avenue
Fort Lauderdale, Florida 33301
Telephone: (954) 357-7600
Telecopier: (954) 357-6968
By
ssistant County Attorney
f'4t'day of �2002
CAF#353
01101 /02 4 0 40 COUNIP
DEVELOPER -INDIVIDUAL
Witnesses:
r
Mad�lyn.. Ro&e 1,._ L,l Trustee x etc_
gn re� NT
e of Dev ope (Individual)
Prim-riame- 4 ��A
(Signature)
Signatur % Print name:!
Print name: /- Print address: _1_- a__�_d_�l-cd— #1501
Fort 1auderdale, FL 33301
day of , 2Q12
ACKNOWLEDGMENT: INDIVIDUAL
u
/ ,
STATE OF.I�� 9 )
�) 3-1 SS
COUNTY OFl�ruG )
or going instrument was acknowledged before me this A --ay of
20-n by Madalyn ROSPO, a% TrustaeetC.who is
yr1p1,oduced
rsonail known to me, or
identification. Type of identification produced
NOTARY PLJbLIC/-
(Seal)
me: j?(
My commission expires:
STJA GROWN
.� MY COMMISSION S CC j
EXPIRES: October 27, Bonded Thru NMety publicUnd
CAF#358
01/01 /02 5
•
MORTGAGEE -CORPORATION PARTNERSHIP
Mortgagee, being the holder of a mortgage relating to the parcel(s) described in Exhibit
"A" hereby consents and joins in for the purpose of ag77,g
'that its mortgage shall be
subordinated to the foregoing Agreement.
Witnesses (if partnership):
(Signatur )
Print nam _
(Signature)
Print name:
Name of Mgrgogee (corporation/partnership)
By_____.__
(Signature)
Print name:
Title:_
Address:
day of v_G_iJ �___, 20 Q2
ATTEST (if corporation):
(CORPORATE SEAL)
(Secretary Signature)
ACKNOWLEDGMENT - CORPORATION/PARTNERSHIP
STATE OF FLORIDA )
) SS.
COUNTY OFMIAMI-DADF )
e foregoing instrument was acknowledged before me this _� day of
2 C�, by _-2�� as-c�.' _ of
nrEAN BANK—_— a _ corporation/partnership, on behalf
of t corporation/ partnership. He or she '
[ Crsonally known to me, or
[ ]produced identification. Type of identification produced
(Seal)
My commission ex ��
7pUBUoMARIBEGI�-DuL EEK
NOTARY
C STATE OF FI'ORTn:?
CC?MM1S510N T TO. CCPXM"'^% f
CAF#358
01/01/02 8
NOTARY PUBLIC:
Print name:
Parcel "A" of the "Kings
Plat thereof as recorded
Broward County, Florida.
EXHIBIT "A"
LEGAL DESCRIPTION
Point Commercial Park" Plat, according to the
in Plat Book 150, Page 9, Public Records of
CAF#358
01/01/02 9
EXHIBIT "B"
AMENDMENT TO NOTATION ON PLAT
The existing notation shown on the face of the PLAT clarifying and limiting the use
of the platted property is amended from:
This plat is restricted to 93,000 sq. ft. of commercial use
The notation shown on the face of the PLAT clarifying and limiting the use of the
platted property is amended to:
This plat is restricted to 87 townhomes
r
CAF#358J
01/01/02 10
EXHIBIT "B" - CONTINUED
PLEASE CHECK THE APPROPRIATE BOX OR BOXES.
] Expiration of Finding of Adequacy for Plat without an Expiration of a
Finding of Adequacy notation or the Finding of Adequacy has expired.
If a building permit for a principal building (expluding dry models, sales and
construction offices) is not issued by May 14,,2-00"1 , 20jD7, which date is
five (5) years from the date of approval of this note amendment by Broward County,
then the County's finding of adequacy shall expire and no additional building
permits shall be issued for the amended uses until such time as Broward County
makes a subsequent finding that the application satisfies the adequacy
requirements set forth within the Broward County Land Development Code. The
owner of the property shall be responsible for providing evidence to Broward
County from the appropriate governmental entity, documenting compliance with this
requirement within the above referenced time frame; and/or
If construction of project water lines, sewer lines, drailiage, and the rock base for
internal roads are not installed by may 14; Coq which date is five (5)
years from the date of approval of the application by Broward County, then the
County's finding of adequacy shall expire and no additional building permits shall
be issued until such time as Broward County shall make a subsequent finding that
the application satisfies the adequacy requirements set forth within this Article.
This requirement may be satisfied for a phase of the project, provided a phasing
plan has been approved by Broward County. The owner of the property or the
agent of the owner shall be responsible for providing evidence to Broward County
from the appropriate governmental entity, documenting compliance with this
requirement within the above referenced time frame.
[ ] Air Navigation Hazards.
Any structure within this Plat shall comply with Section IV D 1. f., Development
Review Requirements of the Broward County Comprehensive Plan regarding
hazards to air navigation.
GAF#358
01/01/02 11
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 33301
INSTR # 101937297
OR BK 33200 Pages 133 - 144
RECORDED 05130/0212:46:52
BROWARD COUNTY COMMISSION
DEPUTY CLERK 1010
#2
REGIONAL PARK IMPACT FEE AGREEMENT
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
Madalyn Rosen as Trustee under Trust Agreement dated September 10, 2001
_and_ known —as —the —Tamara its successors and assigns,
hereinafter referred to as "DEVELOPER."
WHEREAS, Chapter 5, Article IX, Broward County Code of Ordinances, requires
that the plats of residential land shall be designed to provide for the regional park needs
of the future residents of the platted area; and
WHEREAS, the DEVELOPER seeks to satisfy such req�ire�ments with respect to
the proposed development of the Ki n�niatCnmmerri a 1� Ira , Plat No./Clerk's File
No. 210-MP-89 ____, hereinafter referred to as "PLAT," which Plat or delegation request
was approved by the Board of County Commissioners of Broward County on
M_u I.—IMQ_ __--X?OX-, by entering into this Recreational Regional Park Impact Fee
Agreement for the payment of money to the COUNTY to be utilized to meet the regional
park needs of future residents of the area covered by the PLAT; and
WHEREAS, a description of the platted area is attached hereto as Exhibit "A" and
made a part hereof; and
WHEREAS, the schedule and method of payment of such money and the provisions
for its utilization prescribed herein are appropriate to the circumstances of the specific
development proposed for the platted area; NOW, THEREFORE,
IN CONSIDERATION of the mutual terms, conditions, promises, covenants and
payments hereinafter set forth, COUNTY and DEVELOPER agree as follows:
*per deed recorded in Official REcords Book 3)2426, at Page 383
01 /01 /02 1`t
3
RECREATIONAL REGIONAL PARK IMPACT FEES.
1. RESIDENTIAL DWELLING UNITS:
The DEVELOPER agrees to pay to COUNTY the sum of $ aW_99 _o _____
for dwelling units as provided below and in accordance with the provisions of this
Agreement. This sum is based upon approval of development within the plat for:
single family unit(s) at $____ per unit; and/or
_U— townhouse, jdxp*xKxvd9n unit(s) at $,7 % _ per unit; and/or
garden apartment unit(s) at $
mobile home unit(s) at $
high rise unit(s) at $,
per unit; and/or
per unit; and/or
per unit; and/or
Upon the date of issuance of a building permit for the construction or erection of a
residential building, DEVELOPER shall pay an amount equal to the number of units
to be constructed, multiplied by the applicable unit fee and adjusted as set forth
below.
2. The money paid by the DEVELOPER pursuant to this Agreement shall be used to
provide regional recreational facilities to serve persons residing in new residential
development in Broward County. The DEVELOPER recognizes and agrees that,
even if such money is not directly utilized to meet the regional recreational needs
of the future residents of the platted area, the use of such money as described in
this paragraph will indirectly benefit such development by making other funds
available to directly meet those needs.
3_ The COUNTY agrees that this Agreement satisfies the requirement in Chapter 5,
Article IX, Broward County Code of Ordinances, that plats of residential land shall
be designed to provide for the regional recreational needs of the future residents
of the platted area.
4. The recitals and representations set forth within the Whereas clauses are true and
correct and are incorporated herein.
5. ANNUAL ADJUSTMENTS.
(a) The DEVELOPER may have the obligations imposed hereby entirely
discharged at any time by paying the total above amounts as adjusted
CAF#354
01/01/02 2
annually. The outstanding balance and the applicable fees required by the
above paragraphs have been computed as of the date of plat approval and
shall be adjusted every October 1 by the amount of change reflected for the
previous twelve (12) month period in the Implicit Price Deflator of the Gross
National Product prepared by the United States Department of Commerce
Bureau of Economic Analysis.
(b) "Outstanding balance" shall mean the cumulative sum of the fees that
DEVELOPER has agreed to pay under paragraph 1., adjusted as set forth
above and reduced as payments are made by DEVELOPER.
6. FORM OF SECURITY.
PLEASE CHECK THE APPROPRIATE SECTION(S) BELOW.
V ] (a) Lien.
(1) This Agreement shall be recorded in the Official Records of Broward
County and a lien is hereby imposed by the COUNTY against all of
the real property described in Exhibit "A" for the amount of money that
the DEVELOPER has agreed to pay for Regional Park Impact Fees.
Such lien shall continue from the date of this Agreement until fully
paid, discharged, released or barred by law. The obligations created
under this Agreement shall run with the land and shall bind
DEVELOPER, its successors, grantees, heirs and assigns.
(2) 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 and
may be recovered by the COUNTY against the DEVELOPER in a civil
action, along with COUNTY'S costs incurred in bringing such action,
or the lien created hereby plus such costs and interest may be
foreclosed or otherwise enforced by the COUNTY by action or suit in
`equity as for the foreclosure of a mortgage on real property.
(3) The lien of any mortgage on the real property described in Exhibit "A"
shall be subordinate to the rights of the COUNTY with respect to the
lien created by this Agreement. The DEVELOPER shall cause this
Agreement to be executed by the holder of any such mortgage as
consent to such subordination.
010# 02 3 wMD CO�� °
(4) When the lien created hereby has been fully paid or discharged, the
COUNTY shall cause evidence of such satisfaction and discharge to
be recorded in the Official Records of Broward County upon payment
of the appropriate fee(s). At the request of the DEVELOPER and
upon payment of the appropriate amounts, the COUNTY may grant
the DEVELOPER a partial release of the lien.
[ ] (b) Other Form of Securi
(1) The DEVELOPER shall provide the COUNTY with a form of security
such as a surety bond or irrevocable letter of credit, which is
acceptable to the COUNTY and which will guarantee the
DEVELOPER'S payment in the amount of $� ---- in a form
acceptable to the COUNTY, which represents 125% of the amount of
money for Regional Park Impact Fees set forth above. A copy of the
form of security shall be attached hereto as Exhibit "B" and made a
part hereof. 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.
(2) 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
which are secured by a surety bond or a letter of credit shall not
constitute a lien on the property unless and until the provisions below
are activated by the recording of a "Notice of Lien for Impact Fees."
(3) In the event DEVELOPER defaults underthe terms of this Agreement,
COUNTY shall be entitled to draw against the security for the amount
of the impact fees set forth above, plus costs and interest as set out
herein. If COUNTY draws against the security and the amount
recovered is less than the amount due, COUNTY may maintain an
action against DEVELOPER in a court of competent jurisdiction for
the difference between any sums obtained and the amount due, plus
costs and interest accrued from the due date at the rate of twelve (12)
per cent per annum.
CAF#354
01 /01 /02 4tA RUt`
(4) DEVELOPER shall ensure that the security remains valid and in full
force and effect until DEVELOPER'S impact fee obligations are fully
satisfied. Expiration of the security prior to DEVELOPER'S
satisfaction of such obligations, or notice to Broward County that the
security will expire or be canceled priorto DEVELOPER'S satisfaction
of all obligations hereunder, shall constitute a default of this
Agreement.
(5) In the event DEVELOPER defaults under the terms of this Agreement
and COUNTY draws on the security, DEVELOPER shall be
responsible for COUNTY'S reasonable costs incurred in drawing
against the security.
(6) In the event the security is disaffirmed by the issuing institution and
the County receives timely notice of the disaffirmance, COUNTY
shall send notice to DEVELOPER according to the notice provisions
of this agreement and DEVELOPER shall have one (1) month from
the date of such notice to provide substitute security in a form
acceptable to COUNTY. If DEVELOPER fails to provide acceptable
substitute security within one (1) month, COUNTY may record a
document entitled "Notice of Lien for Impact Fees" which shall
constitute a lien on the property described in Exhibit "A" for the
Outstanding Balance or stated portion thereof. To the extent that the
disaffirmed security is attributable to an identified parcel or portion of
the PLAT, the Notice of Lien for Impact Fees, as set forth above, shall
be recorded against and apply only to such parcel or portion of the
PLAT. The above provisions shall control such lien, except that the
provision regarding subordination of mortgages shall not apply.
i. In the event that the DEVELOPER pays all or a portion of the outstanding balance,
or COUNTY obtains all or a portion of the outstanding balance by recourse against
the required security as provided herein, and the PLAT's approval subsequently
expires due to DEVELOPER's failure to record the PLAT or due to the expiration
of findings or adequacy within the time periods set forth within the Broward County
Land Development Code, COUNTY shall refund to DEVELOPER the total amount
of fees paid and/or collected, less costs incurred under the provisions of this
Agreement. If the parties hereto have entered into an agreement for building
permits prior to plat recordation, no refund may be obtained under this paragraph
until DEVELOPER has met all terms and conditions of said agreement, including,
but not limited to, the requirement to remove structures.
8. DEVELOPER recognizes and agrees that COUNTY may require that building
permits or certificates of occupancy not be issued for development of land within the
CAF#354
PLAT until fees are paid as required by the conditions of approval of the PLAT.
Nothing herein shall waive or affect the right of COUNTY to otherwise require
DEVELOPER to comply with the conditions of plat approval or this Agreement by
any remedy provided by law or equity.
9. OTHER INSTRUMENTS. The DEVELOPER agrees to execute any and all other
instruments or documents as may be required to effectuate the requirements of
Chapter 5, Article IX, Broward County Code of Ordinances, and this Agreement.
10. NOTICE. Whenever any of the parties desire to give notice to the other, such
notice must be in writing, sent by U.S. Mail, postage prepaid, addressed to the party
for whom it is intended at the place last specified; the place for giving of notice shall
remain such until it is changed by written notice in compliance with the provisions
of this paragraph. For the present, the parties designate the following as the
respective places for giving notice:
For the COUNTY:
Director, Development Management Division of Broward County
115 South Andrews Avenue, Room A240
Fort Lauderdale, FL 33301
For the DEVELOPER:
_cZo United Homes Internationals Inc �—
Miami Lakes, FL 33016
11. RELEASE. When all of the obligations set forth herein are fully paid and
performed, COUNTY, at the request of DEVELOPER or its successor and upon
payment of any applicable fees, shall cause a release to be recorded in the Official
Records of Broward County, Florida, evidencing such performance. To the extent
that the obligations set forth herein are divisible and attributable to a specific parcel
or portion of the PLAT, COUNTY may grant a partial release of this agreement for
a specific parcel or portion of the PLAT for which the impact obligation has been
satisfied.
12. 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 Court of the
Seventeenth Judicial Circuit of Broward County, Florida, the venue sitis, and shall
be governed by the laws of the State of Florida.
0104 026�W+aRCa
13. 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.
14. 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.
15. 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.
16. 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.
17. 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.
18. 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.
19. 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]
CAF#354
01/01/02 7
6 WARD COUNTY
IN WITNESS WHEREOF, the parties have made and executed this Regional Park
Impact Fee Agreement on the respective dates under each signature: BROWARD
COUNTY through its BOARD OF COUNTY COMMISSIONERS, signing by and through
its Chair or Vice Chair, authorized to execute same by Board qjqtion on the _ day of
20_, and Madalyn_&gsen, _0 Trustee/S51ing by and through its
duly authorized to execute same.
ATTES
Cou y Administrat4�"n
Ex-Officio Clerk of the
Board of County Commissioners
of Broward County, Florida
rg,Rw
COIF p,�i�
Va i•• C�� �,o, r,.
191,5
, �Pubi'� oo a�tlM
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k
i�aJ'°aaa� anA�u�C�6/jjp46G�y � n
COUNTY
BROWARD COUNTY, through its
BOARD OF COUNTY COMMISSIONERS
r
B ——�04rt—
Chair
V8" 'ay of _ ,)11_ _, 2011—
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
By — — _
Assistant County Attorney
1 day of �_r 20G Z
CAF#354
01 /01 /02 8
3 t
6"z;�FE� co.fji`
Wit
�- DEVELOPER INDIVIDUAL
Madalynn Rosen, as Trustee, etc.
Name of Develgper..,(Individual)
(Signature)
(Signature) Print name:. h
Print name: Print address: 1 E.� oward Blvd.
Fort Lauderdale, F 33301
_ day of � . �, 20Q2
ACKNOWLEDGMENT - INDIVIDUAL
STATE OF J-J 1 )
SS.
COUNTY OF )
#1501
T, foregoing instrument was acknowledged before me this day of
2Q—, by l'1ist�1Yn_$oi�s- tae, ,__who is
[ rsonallf known to me, or
[ roduce identification. Type of identificatic-
(Seal)
My commission expires:
"" STACY BROWN)
' _ MY COMMISSION 9 Ci" 783532
F'XOIRFS:Ocfobe 27, 2002
i ruu Notary Public Undsm0ors
CAF#354
01/01/02 9
AGREEMENT RELATING TO THE _KINGS POINT COMMERCIAL PARK __ PLAT
MORTGAGEE (INDIVIDUAL)
Mortgagee, being the holder of a mortgage relating to the parcel(s) described in Exhibit
"A" hereby consents and joins in for the purpose of agreeing that its mortgage shall be
subordinated to the foregoing Agreement.
Witnesses:
(Signature)
Print name:
(Signature)
Print name:
Name of Mortgagee (Individual)
(Signature)
Print name:,_,
Print address:
day of
ACKNOWLEDGMENT - INDIVIDUAL
STATE OF )
) SS.
COUNTY OF )
The foregoing instrument was acknowledged before me this
[ ]personally known to me, or
[ ]produced identification. Type of identification producedY____
NOTARY PUBLIC:
(Seal)
Print name:
My commission expires:
CAF#354
01/01/02 11
,20--
day of
who is
P:0VRDdiiNY
MORTGAGEE -CORPORATION PARTNERSHIP
Mortgagee, being the holder of a mortgage relating to the parcel(s) described in Exhibit
"A" hereby consents and joins in for the purpose of agreeing that its mortgage shall be
subordinated to the foregoing Agreement.
Witnesses (if partnership): OCEAN BAN
A Name of Mort a � e (corporation/partnership)
'5ignature)
rint name:
(Signature)
—A/
Print name:_
ATTEST (if corporation):
(Secretary Signature)
Print Name of Secretary:.
(Signature)
Print name:
Title:__ _
Address:
day of
(CORPORATE SEAL)
ACKNOWLEDGMENT - CORPORATION/PARTNERSHIP
STATE OF FLORIDA )
) SS.
COUNTY OFMIAMI-DADS )
Y
f'
20 Ql
The foregoing instrument was�� w ed before me this � day of
--- (��JI --, by _�__ _ �`��'(; "-J /4__, as V C04 ��6.5- —
57? ,�_ �_ ,--= a W W,4 _ corporation/partnership, or
be If of the corporation/ partnership. He r
[ 1personally known to me, or
[ ]produced identification. Type of identification produced
NOTARY PUBLIC:
(Seal)
My commission expires:
0FFF7C:L1L RMY WE
CAF#354 MARIBEL MANDULEY
01 /01 /02 NOTARY PUBLIC STATE of F LORID*2
COMMISSION NO. CC88M
1 M4IY COMMISSIO.Nt FX7 NOV, 11'� h7
of
EXHIBIT "A"
LEGAL DESCRIPTION
Parcel "A" of the "Kings Point Commercial Park" Plat, according to the
Plat thereof as recorded in Plat Book 150, Page 9, Public Records of
Broward County, Florida.
FA
CAF#354
01 /01 /02 13 e A O U rx
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 33301
IN STIR # 101937298
OR BK 33200 Pages 145 -157
RECORDED 05/30/0212:46:52
BROWARD COUNTY COMMISSION
DEPUTY CLERK 1010
#3
EDUCATIONAL IMPACT FEE AGREEMENT
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
Madalyn Rosen as Trustee under Trust Agreement dated September 10, 2001
and known_,as—the Tamar-ac t_as* _, its successors and assigns,
hereinafter referred to as "DEVELOPER."
WHEREAS, Chapter 5, Article IX, Broward County Code of Ordinances, requires
that plats of residential land shall be designed to provide for the educational needs of the
future residents of the platted area; and
WHEREAS, the DEVELOPER seeks to satisfy such repuirements with respect to
the proposed development of the Ki nas Pgj,13119-m..m rr-C-WL 4I6t, Plat No./Clerk's File
No. zL0-Mp �___, hereinafter referred to as "PLAT," which Plat or delegation request
was approved by the Board of County Commissioners of Broward County on.
_May_li_1990 Q _, by entering into this Educational Impact Fee Agreement for
the payment of money to the COUNTY to be utilized to meet the educational needs of
future residents of the area covered by the PLAT; and
WHEREAS, a description of the platted area is attached hereto as Exhibit "A" and
made a part hereof; and
WHEREAS, the schedule and method of payment of such money and the provisions
for its utilization prescribed herein are appropriate to the circumstances of the specific
development proposed for the platted area; NOW, THEREFORE,
IN CONSIDERATION of the mutual terms, conditions, promises, covenants and
payments hereinafter set forth, COUNTY and DEVELOPER agree as follows:
*per deed recorded in Official Records Book 32426, at Page 383
CAF#353 B ' RD COUNITY
01 /01 /02
EDUCATIONAL IMPACT FEES.
1. RESIDENTIAL DWELLING UNITS:
The DEVELOPER agrees to pay to COUNTY the sum of $ 173_191�3.00 _
for dwelling units as provided below and in accordance with the provisions of this
Agreement. This sum is based upon approval of development within the plat for:
(a) single family unit(s) at $ per unit, Ord. # v __; and/or
single family unit(s) at $ per unit, Ord. # r� ; and/or
(b) $L� townhouse, drApkwAkxunit(s) at $ 1%J _ per unit, Ord. # q
and/or
_townhouse, duplex, villa unit(s) at $_Y__ per unit, Ord. #__
and/or
(c) _ garden apts. unit(s) at $� per unit, Ord. #-----; and/or
garden apts. unit(s) at $ per unit, Ord. #_ ; and/or
(d) mobile home unit(s) at $_ per unit, Ord. #______; and/or
mobile home unit(s) at $ per unit, Ord. #____; and/or
(e) high rise unit(s) at $ per unit, Ord. #� _; and/or
high rise unit(s) at $ per unit, Ord. # _; and/or
(f) retirement community unit(s) at $_____v_ per unit, Ord. #---__;
retirement community unit(s) at $r____—_ per unit, Ord. #
Upon the date of issuance of a building permit for the construction or erection of a
residential building, DEVELOPER shall pay an amount equal to the number of units
to be constructed, multiplied by the applicable unit fee and adjusted as set forth
below.
2. EDUCATIONAL FACILITIES. The money paid by the DEVELOPER pursuant to this
Agreement shall be used to provide educational facilities to serve students
generated by new residential development in Broward County. The DEVELOPER
recognizes and agrees that, even if such money is not directly utilize, tithff— e
CAF#353 iRovr R7 cotl r
01/01/02 2
educational needs of the future residents of the platted area, the use of such money
will indirectly benefit such development by making other funds available to directly
meet those needs.
3. The COUNTY agrees that this Agreement satisfies the requirement in Chapter 5,
Article IX, Broward County Land Development Code, that plats of residential land
shall be designed to provide for the educational needs of the future residents of the
platted area.
4. The recitals and representations set forth within the Whereas clauses are true and
correct and are incorporated herein.
5. ANNUAL ADJUSTMENTS.
(a) The DEVELOPER may have the obligations imposed hereby entirely
discharged at any time by paying the total above amounts as adjusted
annually. The outstanding balance and the applicable fees required by the
above paragraphs have been computed as.of the date of plat approval and
shall be adjusted every October 1 by the amount of change reflected for the
previous twelve (12) month period in the Implicit Price Deflator of the Gross
National Product prepared by the United States Department of Commerce
Bureau of Economic Analysis.
(b) "Outstanding balance" shall mean the cumulative sum of the fees that
DEVELOPER has agreed to pay under paragraph 1., adjusted as set forth
above and reduced as payments are made by DEVELOPER.
5. FORM OF SECURITY.
PLEASE CHECK THE APPROPRIATE SECTION(S) BELOW.
X] (a) Lien.
(1) This Agreement shall be recorded in the Official Records of Broward
County and a lien is hereby imposed by the COUNTY against all of
the real property described in Exhibit "A" for the amount of money that
the DEVELOPER has agreed to pay for Educational Impact Fees.
Such lien shall continue from the date of this Agreement until fully
paid, discharged, released or barred by law. The obligations created
under this Agreement shall run with the land and shall bind
DEVELOPER, its successors, grantees, heirs and assigns.
CAF#353 ow"o COUNiy
01 /01 /02 3
(2) 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 and
may be recovered by the COUNTY against the DEVELOPER in a civil
action, along with COUNTY'S costs incurred in bringing such action,
or the lien created hereby plus such costs and interest may be
foreclosed or otherwise enforced by the COUNTY by action or suit in
equity as for the foreclosure of a mortgage on real property.
(3) The lien of any mortgage on the real property described in Exhibit "A"
shall be subordinate to the rights of the COUNTY with respect to the
lien created by this Agreement. The DEVELOPER shall cause this
Agreement to be executed by the holder of any such mortgage as
consent to such subordination.
(4) When the lien created hereby has been fully paid or discharged, the
COUNTY shall cause evidence of such satisfaction and discharge to
be recorded in the Official Records of Broward County upon payment
of the appropriate fee(s). At the request of the DEVELOPER and
upon payment of the appropriate amounts, the COUNTY may grant
the DEVELOPER a partial release of the lien.
[ ] (b) Other Form of Security.
(1) The DEVELOPER shall provide the COUNTY with a form of security
such as a surety bond or irrevocable letter of credit, which is
acceptable to the COUNTY and which will guarantee the
DEVELOPER'S payment in the amount of $ in a form
acceptable to the COUNTY, which represents 125% of the amount of
money for Educational Impact Fees set forth above. A copy of the
form of security shall be attached hereto as Exhibit "B" and made a
part hereof. 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.
L i �
CAF#353 B ', ,tkR ; ct5l y
01 /01 /02 4
(2) 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
which are secured by a surety bond or a letter of credit shall not
constitute a lien on the property unless and until the provisions below
are activated by the recording of a "Notice of Lien for Impact Fees."
(3) In the event DEVELOPER defaults under the terms of this Agreement,
COUNTY shall be entitled to draw against the security for the amount
of the impact fees set forth above, plus costs and interest as set out
herein. If COUNTY draws against the security and the amount
recovered is less than the amount due, COUNTY may maintain an
action against DEVELOPER in a court of competent jurisdiction for
the difference between any sums obtained and the amount due, plus
costs and interest accrued from the due date at the rate of twelve (12)
per cent per annum.
(4) DEVELOPER shall ensure that the security remains valid and in full
force and effect until DEVELOPER'S impact fee obligations are fully
satisfied. Expiration of the security prior to DEVELOPER'S
satisfaction of such obligations, or notice to Broward County that the
security will expire or be canceled priorto DEVELOPER'S satisfaction
of all obligations hereunder, shall constitute a default of this
Agreement.
(5) In the event DEVELOPER defaults under the terms of this Agreement
and COUNTY draws on the security, DEVELOPER shall be
responsible for COUNTY'S reasonable costs incurred in drawing
against the security.
(6) In the event the security is disaffirmed by the issuing institution and
the County receives timely notice of the disaffirmance, COUNTY
shall send notice to DEVELOPER according to the notice provisions
of this agreement and DEVELOPER shall have one (1) month from
the date of such notice to provide substitute security in a form
acceptable to COUNTY. If DEVELOPER fails to provide acceptable
substitute security within one (1) month, COUNTY may record a
document entitled "Notice of Lien for Impact Fees" which shall
constitute a lien on the property described in Exhibit "A" for the
Outstanding Balance or stated portion thereof. To the ext 't t the
CAF#353 �Ct3tJ'r
01 /01 /02 5
disaffirmed security is attributable to an identified parcel or portion of
the PLAT, the Notice of Lien for Impact Fees, as set forth above, shall
be recorded against and apply only to such parcel or portion of the
PLAT. The above provisions shall control such lien, except that the
provision regarding subordination of mortgages shall not apply.
7. In the event that the DEVELOPER pays all or a portion of the outstanding balance,
or COUNTY obtains all or a portion of the outstanding balance by recourse against
the required security as provided herein, and the PLAT's approval subsequently
expires due to DEVELOPER's failure to record the PLAT or due to the expiration
of findings or adequacy within the time periods set forth within the Broward County
Land Development Code, COUNTY shall refund to DEVELOPER the total amount
of fees paid and/or collected, less costs incurred under the provisions of this
Agreement. If the parties hereto have entered into an agreement for building
permits prior to plat recordation, no refund may be obtained under this paragraph
until DEVELOPER has met all terms and conditions of said agreement, including,
but not limited to, the requirement to remove structures.
8. DEVELOPER recognizes and agrees that COUNTY may require that building
permits or certificates of occupancy not be issued for development of land within the
PLAT until fees are paid as required by the conditions of approval of the PLAT.
Nothing herein shall waive or affect the right of COUNTY to otherwise require
DEVELOPER to comply with the conditions of plat approval or this Agreement by
any remedy provided by law or equity.
9. OTHER INSTRUMENTS. The DEVELOPER agrees to execute any and all other
instruments or documents as may be required to effectuate the requirements of
Chapter 5, Article IX, Broward County Code of Ordinances, and this Agreement.
10. 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
CAF#353 �v coin
01 /01 /02 6
For the DEVELOPER:
cLQ Unijte-d-- L[ _e_a International, Inc._
7975 NW 154 Street, Suite 400
Miami Lakes, FL 33016
11. RELEASE. When all of the obligations set forth herein are fully paid and
performed, COUNTY, at the request of DEVELOPER or its successor and upon
payment of any applicable fees, shall cause a release to be recorded in the Official
Records of Broward County, Florida, evidencing such performance. To the extent
that the obligations set forth herein are divisible and attributable to a specific parcel
or portion of the PLAT, COUNTY may grant a partial release of this agreement for
a specific parcel or portion of the PLAT for which the impact obligation has been
satisfied.
12. 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 Court of the
Seventeenth Judicial Circuit of Broward County, Florida, the venue sitis, and shall
be governed by the laws of the State of Florida.
13. 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.
14. 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.
15. 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.
16. 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.
CAF#353
01/01/02 7
17. 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.
18. 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.
19, 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]
, ;"
CAF#353 Saa�coiit
01/01/02 8
IN WITNESS WHEREOF, the parties have made and executed this Educational
Impact Fee Agreement on the respective dates under each signature: BROWARD
COUNTY through its BOARD OF COUNTY COMMISSIONERS, signing by and.thrrough
its Chair or Vice Chair, authorized to execute same by Board qction on the C*%y of
200vand B]��RQ ems_,_ a Trustee(&1ing by and through its
duly authorized to execute same.
ATTEST:
Cou ty Administrator a -d
Ex-Officio Clerk of the
Board of County Commiiti°n"°i'w•°ram
of Broward CountyC�
o
v
r•rrm. �» ..ego
COUNTY
BROWARD COUNTY, through its
BOARD OF COUNTY COMMISSIONERS
c7
Chair
may of1� _, 20C) 12—
�pproved 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
By— ��4�?
A sistant County Attorney
I q 6day of 20 Z,2
GAF#353
01 /01 /02 9
DEVELOPER (INDIVIDUAL,)
Witnesses: F('.'�
ure
(Sig ature)we_
Print name
ACKNOWLEDGMENT - INDIVIDUAL
STATE OF
) SS.
COUNTY OF/�'ci� )
M a�1LRasen-,_as Trustee -ets—
Na of Dev op (Individ
aual
.��
(Signature)
Print name:
Print address: 1 E�X-mwardA 1 �d #1501
Fort Lauderdale FL 33301
r day of`9_ 20_02
e foregoing instrument was acknowledged before me this
I day of
20, by Madalyn_Rosen,__r_��_who is 02
erso Ily known to me, or
[ ]produced identification. Type of identification produced
I09y"T HI
(Seal)
n
My commission expires:
r+" STACY BROWN
MY COMMISSION M CC 783532
g : EXPIRES: 000*27, 2002
Bon
dad mru Notary Public undww t rs
R
CAF#353
01/01/02 10
W
AGREEMENT RELATING TO THE _Kj_2aTN.L rnMMFRC Ai PARK ---_ PLAT
MORTGAGEE (INDIVIDUAL)
Mortgagee, being the holder of a mortgage relating to the parcel(s) described in Exhibit
"A" hereby consents and joins in for the purpose of agreeing that its mortgage shall be
subordinated to the foregoing Agreement.
Witnesses:
(Signature)
Print name:
(Signature)
Print name:
ACKNOWLEDGMENT - INDIVIDUAL
STATE OF )
) SS.
COUNTY OF )
Name of Mortgagee (Individual)
(Signature)
Print name:
Print address: --� —
day of
.20
The foregoing instrument was acknowledged before me this ___— day of
_------------- 20- by ---- _ �. who is
]personally known to me, or
]produced identification. Type of identification produced—_
(Seal)
Print name:
My commission expires:
CAF#353
01 /01102 12
Parcel "A" of the "Kings
Plat thereof as recorded
Broward County, Florida.
EXHIBIT "A"
LEGAL DESCRIPTION
Point Commercial Park" Plat, according to the
in Plat Book 150, Page 9, Public Records of
CAF#353
01 /01 /02 14
OR 0A COUNTY
MORTGAGEE-CORPORATION/PARTNERSHIP
Mortgagee, being the holder of a mortgage relating to the parcel(s) described in Exhibit
"A" hereby consents and joins in for the purpose of agreeing that its mortgage shall be
subordinated to the foregoing Agreemen .
Witnesses (if partnership): , OCEAN_ N"�___�_
Name f portgagee (corporation/partnership)
By--
(Signatur )
Print name:
Address: ` 1010 RV) tAJ Wi
day of --A _, 20QQ?_
ATTEST (if corporation):
(CORPORATE SEAL)
(Secretary Signature)
Print Name of Secretary:
ACKNOWLEDGMENT - CORPORATION/PARTNERSHIP
STATE OF FLORIDA )
) SS.
COUNTY OF MIAMI-DADE )
The foregoing instrument was a nowle ed before me his. CI- day of
_ __----, 200_� by _ % Y _, as of
corporation/partnership, on
be if of the corporation/ partnership. He or she
[`]personally known to me, or
[ ]produced identification. Type of identification produced
(Seal)
My commission expires:
ILIFECIALIMM799L
CAF#353 MARIBEL MANDULEY
NOTARY PUBLIC SPATFi OF FLORTA
01 /01 /02 COMMISSION NO. CC88M 10 3
NOTARY PUBLIC:
Print name: ���