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HomeMy WebLinkAboutCity of Tamarac Resolution (151)11 June 7, 2002 - Temp Reso #9801 1 Revision No. 1 — June 7, 2002 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2002-151 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, APPROVING THE REGIONAL ROAD CONCURRENCY AGREEMENT BETWEEN BROWARD COUNTY AND THE CITY OF TAMARAC AND J. RUSKIN HOLDINGS, INC. (A FLORIDA CORPORATION) FOR ROAD CONCURRENCY RELATING TO THE "FAGERSTROM PLAT" LOCATED AT UNIVERSITY DRIVE AND COMMERCIAL BOULEVARD (CASE NO. 1-AP-02); PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, a Delegation Request to amend the restrictive note on the "Fagerstrom Plat" (attached hereto as Exhibit 1 ") was approved by the City Commission of the City of Tamarac on November 8, 2000; and WHEREAS, the Board of County Commissioners of Broward County denied the aforementioned Delegation Request on April 2, 2002 due to noncompliance with Broward County regional transportation concurrency; and WHEREAS, the Broward County Code of Ordinances requires that the regional transportation network be adequate to serve the reasonably projected needs of proposed developments; and WHEREAS, the parties desire to enter into this Agreement to satisfy concurrency requirements for impact areas relating to the "Fagerstrom Plat" as described in Exhibit "A" June 7, 2002 - Temp Reso #9801 2 Revision No. 1 — June 7, 2002 (Regional Road Concurrency Agreement — County Project and the City of Tamarac and J. Ruskin Holdings, Inc. [a Florida Corporation] for Regional Road Concurrency relating to the "Fagerstrom 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 interests of the citizens and residents of the City of Tamarac to approve the Regional Road Concurrency Agreement between Broward County and the City of Tamarac and J. Ruskin Holdings, Inc. (a Florida Corporation) for Road Concurrency relating to the "Fagerstrom Plat" located at University Drive and 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 upon recommendation of the Director of Community Development and the City Manager, the Regional Road Concurrency Agreement between Broward County and the City of Tamarac and J. Ruskin Holdings, Inc. (a Florida Corporation) for Regional Road Concurrency relating to the "Fagerstrom Plat" (attached hereto as Exhibit "A"), is HEREBY APPROVED. Fj 1 11 f' June 7, 2002 - Temp Reso #9801 3 Revision No. 1 — June 7, 2002 SECTION 3: That the appropriate City Officials are hereby authorized and instructed to execute said Regional Road Concurrency Agreement. SECTION 4: That the City Clerk is hereby authorized to record said document in the Public Records of Broward County, Florida. SECTION 5: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 6: 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 7: passage and adoption. June 7, 2002 - Temp Reso #9801 4 Revision No. I — June 7, 2002 This Resolution shall become effective immediately upon its PASSED, ADOPTED AND APPROVED this 12th day of June, 2002. ATTEST: MARION SW NSON, CMC CITY CLERK I HEREBY CERTIFY that have approved this RESO6UTION as to form. MITCHELt-S. KW' CITY ATTOR EY JOE SCHREIBER MAYOR RECORD OF COMMISSION VOTE: MAYOR SCHREIBER Ave DIST 1: V/M. PORTNER Aye DIST 2: COMM. MISHKIN Aye DIST 3: COMM. SULTANOF Ave DIST 4: COMM. ROBERTS Ay. F] E 1 EXHIBIT lff TEMP RESO #9801 November 3, 2000 - Temp. Reso. #9173 Revision No. 1 -- November 1, 2000 CITY OF TAMARAC, FLORIDA RESOLUTION NO, R-2000- 3Qo A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, TO APPROVE A DELEGATION REQUEST TO AMEND THE RESTRICTIVE NOTE ON THE FAGERSTROM PLAT' FROM 3,960 SQUARE FEET OF COMMERCIAL USE (NO RESTAURANTS) TO 12,500 SQUARE FEET OF COMMERCIAL USE (NO RESTAURANTS) AND TO REMOVE THE DE MINIMIS NOTE, SPECIFICALLY TRACT "A' OF THE "FAGERSTROM PLAT" ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 164, PAGE 46 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA; LOCATED AT THE NORTH SIDE OF COMMERCIAL BOULEVARD, WEST OF UNIVERSITY DRIVE; CASE NO. 8-P-00; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission has examined the application and staff recommendation dated November 8, 2000; and WHEREAS, the City Commission has determined that the application i6 in compliance with all elements of the Comprehensive Plan for the development that Is thesubject of the application; and WHEREAS, the property owner desires to amend the restrictive note on the plat from 3,960 square feet of commercial use (no restaurants) to 12,500 square feet of commercial use (no restaurants) and to remove the de minimis note, specifically Tract "A" of the "Fagerstrom Plat" according to the Plat thereof as recorded in Plat Book 164, Page 46 of the Public Records of Broward County, Florida; located at the north side of Commercial Boulevard, west of University Drive; Case No. 8-P-00; and 1 November 3, 2000 - Temp. Reso. #9173 2 Revision No. 1 — November 1, 2000 WHEREAS, the Director of Community Development recommends approval; and WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be In the best interests of the citizens and residents of the City of Tamarac to approve this Delegation Request. NOW, THEREFORE, BE IT RESOLVED BYTHE 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 City Commission hereby approves the Delegation Request to amend the restrictive note on the plat from 3,960 square feet of commercial use (no restaurants) to 12,500 square feet of commercial use (no restaurants) and to remove the de minimis note, specifically Tract "A" of the "Fagerstrom Plat" according to the Plat thereof as recorded in Plat Book 164, Page 46 of the Public Records of Broward County, Florida; located at the north side of Commercial Boulevard, west of University Drive; Case No. 8-P- SECTION 3: All Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4; If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. 1 SECTION 5: passage and adoption. November 3, 2000 -Temp. Reso. #9173 3 Revision No. 1 — November 1, 2000 This Resolution shall become effective immediately upon its PASSED, ADOPTED AND APPROVED this ATTEST: 12 s{�¢,A WOPS-$�W NSON, CMC C,} 11C�ERK QtTIFY that ha v_ y..app Q t n IhtA to rm. , MITGNELL S. K CITY ATTOW comm dev\u:\\pats\userdata\wpdata\res19173reso 1 Ft4_ day of)014-*C4W, 2000. JOE SCHREIBER MAYOR RECORD OF COMMISSION VOTE MAYOR SCHREIBER DIST 1: COMM. POIRTNER DIST x COMM. MISHKIN / Y DIST 3: COMM. SULTANOF DIST 4: VIM 11108101ITS FAGERSTROM PLAT CASE NO, &P-00 w TEMP RESO #.9173 4 Ll B-2 &2 B-2 -77�1.1 i SrFE --7,; -7 B-2 IB-2. B-1 B-2 Ll L— —Wow-- N I LW I I M Kol ky, A & 9---1• November 8, 2000 City of Tamarac J. C,hzjj�= KOV 7525 RW Seth Ave, Ta-mrv. Florida 33321-2401 0 Teiephww (954) 724-1292 Delegation Request Coimo* DoWomwi Focairmlo! 724-2453 DESIGNATION OF AGENT FOR QUASI-JUDICIAL PROCEEDINGS DATE: CASE NO.. _9_?_v0 .. IN THE MATTER OF: 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 QUASI-JUCIDIAL HEARING AND THE MATTER MAY BE DETERMINED WITHOUT THE BENEFIT OF THEIR TESTIMONY. 1. - �••.,�� �r� 2r I c ., WILL ATTEND THE QUASI-JUDICIAL (insert name of Agent) HEARING TO BE HELD ON IN MY ABSENCE. IN ADDITION, ?-L. cE i_,e..»,��e,a rt� . ► u L HAS MY PERMISSION TO ACT AS MY AGENT IN ALL MATTERS RELATING TO ANY PROCEEDINGS RELATED TO FA 4,ese..s r1r^- c�.S��7E�r'x.»m �cr.fc. RALJo., w. nf= VA: 0.44�R.a Ory I)O.,u (Address of subject property) THIS FORM MUST BE RETURNED PRIOR TO THE QUASI-JUDICIAL HEARING. SIGNATURE OF OWNER: NAME/ADDRESS AND PHONE NO. OF DESIGNATED AGENT: (Print Name of Owner) Print Name of Designated Agent) S 8-I .Un,4 r ii A D v^v2 is r-L . s 3 S Phone: 57z, 7-7-7 Fax: 6-2z 1 -Y 7 STATE OF FLORIDA: o COUNTY OF BROWARD: c 71 The foregoing Instrument w s Zacknowl god -before me this aay by owner of property, whorls 3< pers'onally known to-m"b or has roduced identification ( nor - (type of identificatio who -(did/did not) take an oath. o m N Public State of Florida My Commission Expires: I. JANE STORMS �Oc n eJ-rrn,5 . MY COMMISSION ! CC 79M - EXPIRES: DeambM242002 (Type or print name of Notary) Return recorded document to: Development Management Division 115 S. Andrews Avenue, A240 Fort Lauderdale, FL 33301 Document prepared by: PULICE LAND SURVEYORS, INC. 5381 NOB HILL ROAD SUNRISE, FL 33351 REGIONAL ROAD CONCURRENCY AGREEMENT - COUNTY PROJECT 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 J. RUSKIN HOLDINGS, INC. A FLORIDA CORPORATIONitS successors and assigns, hereinafter referred to as DEVELOPER, [AND IF THE PROPERTY IS LOCATED WITHIN A MUNICIPALITY] The City of TAMARAC , a municipal corporation, created and existing under the laws of the State of Florida, its successors and assigns, hereinafter referred to as "CITY." WHEREAS, Chapter 5, Article IX, Broward County Code of Ordinances, requires that the regional transportation network be adequate to serve the reasonably projected needs of proposed developments; and WHEREAS, Chapter 5, Article IX, Broward County Code of Ordinances, more specifically requires that an application for a development permit satisfy concurrency requirements for impact areas; and WHEREAS, DEVELOPER has applied for approval of or an amendment to the FAGERSTROM Plat, hereinafter referred to as "PLAT," more particularly described in Exhibit "A" attached hereto and made a part hereof; and CAF#369 01/01/02 WHEREAS, on FEBRUARY 15 , 20 02 , the Broward County Development Management Division issued a Notification of Failure to Satisfy Broward County Concurrency Standards for the regional transportation network, finding that the application for approval of or amendment to the PLAT'does not satisfy the impact area concurrency standards for the regional road network as stated in Section 5-182 of the Broward County Land Development Code ("CODE"); and WHEREAS, the COUNTY has undertaken a countywide project to install video detection equipment at signalized intersections, hereinafter referred to as "Project"; and WHEREAS, DEVELOPER has agreed to pay to COUNTY the sum of $25,000 which is the cost of installing video detection equipment, as described in Exhibit "B" attached hereto, at the intersection of UNIVERSITY DRIVE & MCNAB ROAD ; and WHEREAS, the Broward County Development Management Division has approved this remedial measure and finds that its concurrency requirements forthe PLAT will be met with the execution of, and compliance with, the terms of this Agreement by DEVELOPER; NOW, THEREFORE, IN CONSIDERATION of the mutual terms, conditions, promises, covenants, and payments hereinafter set forth, COUNTY and DEVELOPER agree as follows: The above recitals are true and correct and are hereby incorporated herein. 2. CONSTRUCTION OF IMPROVEMENTS. (a) DEVELOPER agrees to pay $25,000 which represents COUNTY's cost of the IMPROVEMENT(S) described in Exhibit "B," hereinafter referred to as "the Improvements." DEVELOPER agrees that payment must be made either prior to recordation of the plat or the agreement amending the note on the face of the plat. (b) COUNTY and DEVELOPER agree that no security is required for the IMPROVEMENT(S), as the payment will be made prior to recordation of the plat or the agreement amending the note on the face of the plat. (c) In the event that the amount of money or any portion thereof the DEVELOPER has agreed to pay pursuant hereto becomes due and payable as provided herein and continues unpaid for thirty (30) days or more thereafter, the entire unpaid balance of such amount, plus costs and interest accrued from the due date at the rate of twelve (12) per cent per annum, shall become immediately due and payable. CAF#369 01 /01 /02 2 (d) Developer agrees that this agreement shall be recorded in the Official Records of Broward County, Florida, against the property described in Exhibit "A" to put subsequent purchasers, grantees, heirs, successors and assigns of any interest in such property on notice of the obligations set forth herein, which shall run with the property until fully paid and performed. However, the amount(s) set forth above shall not constitute a lien on the property unless and until the provisions below are activated by the recording of a "Notice of Lien." 3. CONCURRENCY COMPLIANCE. COUNTY finds that by executing and complying with the terms of this Agreement, DEVELOPER has satisfied the adequacy of the Regional Roadway Network requirement of the Broward County Land Development Code for the PLAT as approved by the COUNTY. 4. If the property is within a municipality, CITY agrees not to issue a certificate of occupancy for any development within the PLAT until CITY receives confirmation from COUNTY that the payment required pursuant to Section 2(a) has been received by COUNTY. 5. NOTICE. Whenever any of the parties desire to give notice to the other, such notice must be in writing, sent by U.S. Mail, postage prepaid, addressed to the party for whom it is intended at the place last specified; the place for giving of notice shall remain such until it is changed by written notice in compliance with the provisions of this paragraph. For the present, the parties designate the following as the respective places for giving notice_ For the COUNTY: Director, Development Management Division of Broward County 115 South Andrews Avenue, Room A240 Fort Lauderdale, FL 33301 Director of the Broward County Engineering Division 115 South Andrews Avenue, Room 321 Fort Lauderdale, FL 33301 CAF#369 01 /01 /02 3 For the DEVELOPER: J. RUSKIN HOLDINGS, INC. JOSHUA RUSKIN 5383 NOB HILL ROAD, SUNRISE, FL 33351 For the CITY: CITY MANAGER CITY OF TAMARA - 7525 NW 88 AVENUE TAMARAC, FL 33321 WITH A COPY TO THE CITY ATTORNEY AT THE SAME ADDRESS. 6. RECORDATION. This Agreement shall be recorded in the Public Records of Broward County Florida, at the DEVELOPER'S expense. The benefits and obligations contained in this Agreement shall inure to grantees, successors, heirs, and assigns who have an interest in the PLAT. 7, VENUE: CHOICE OF 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. 8. CHANGES TO FORM AGREEMENT. DEVELOPER represents and warrants that there have been no amendments or revisions whatsoever to the form Agreement without the prior written consent of the County Attorney's Office. Any unapproved changes shall be deemed a default of this Agreement and of no legal effect. 9. CAPTIONS AND PARAGRAPH HEADINGS. Captions and paragraph headings contained in this Agreement are for convenience and reference only and in no way define, describe, extend or limit the scope or intent of this Agreement, nor the intent of any provisions hereof. 10. NO WAIVER. No waiver of any provision of this Agreement shall be effective unless it is in writing, signed by the party against whom it is asserted, and any such written waiver shall only be applicable to the specific instance to which it relates and shall not be deemed to be a continuing or future waiver. 11. EXHIBITS. All Exhibits attached hereto contain additional terms of this Agreement and are incorporated herein by reference. Typewritten or handwritten provisions CAF#369 01 /01 /02 4 inserted in this Agreement or attached hereto shall control all printed provisions in conflict therewith. 12. FURTHERASSURANCES. The parties hereby agree to execute, acknowledge and deliver and cause to be done, executed, acknowledged and delivered all further assurances and to perform such acts as shall reasonably be requested of them in order to carry out this Agreement. 13. ASSIGNMENT AND ASSUMPTION. DEVELOPER may assign all or any portion of its obligations pursuant to this Agreement to a grantee of the fee title to all or any portion of the property described in Exhibit "A." DEVELOPER agrees that any assignment shall contain a provision which clearly states that such assignment is subject to the obligations of this Agreement. 14. AMENDMENTS. No modification, amendment, or alteration in the terms or conditions contained herein shall be effective unless contained in a written document prepared with the same or similar formality as this Agreement and executed by the parties to this Agreement. [THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK] CAF#369 5 01/01/02 IN WITNESS WHEREOF, the parties hereto have made and executed this Agree- ment 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 action on the day of signing 20 ,CITY OF b Y and through its Mayor and City Manager, duly authorized to execute same, and DEVELOPER, signing by and through its duly authorized to execute same. COUNTY ATTEST: County Administrator and Ex-Officio Clerk of the Board of County Commissioners of Broward County, Florida CAF#369 6 01 /01 /02 BROWARD COUNTY, through its BOARD OF COUNTY COMMISSIONERS day of ,20 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 M Chair Assistant County Attorney DEVELOPER -INDIVIDUAL Witnesses: (Signature) Print name: (Signature) Print name: ACKNOWLEDGMENT - INDIVIDUAL STATE OF ) ) SS. COUNTY OF ) Name of Developer (Individual) (Signature) Print name: — Print address: day of , 20 The foregoing instrument was acknowledged before me this who edasy of , 20 , by [ ]personally known to me, or [ ]produced identification. Type of identification produced NOTARY PUBLIC: (Seal) Print name: My commission expires: CAF#369 7 01 /01 /02 DEVELOPER-CORPORATION/PARTNERSHIP Witnesses (if partnership): J. RUSKIN HOLDINGS, INC. :,� Name of Developer cor oration/partnership) y ignature) (Signature) Y � Joshua Ruskin Print name:C �f _.G;-Print name: Title: President signature) rint name'. ATTEST (if corporation): (Secretary Signature) Print Name of Secretary: Address: 5383 Nob H111 Road Sunrise, FL 33351 v2� day of 20 02. (CORPORATE SEAL) ACKNOWLEDGMENT - CORPORATION/PARTNERSHIP STATE OF SS. COUNTY OF,6rW4 The foregoing instrument was acknowledged before me giis A3 day of 20 0 by 1OSA 00 �,/ss —, as f"� Z` of I" , a r `d earporati" partnership, on behalf of the corporation/ artnership. He or she is: personally known to me, or ]produced identification. Type of identification produced - (Seal) My commission expires: �: MY �vm�415SIC� 4 CC 790208 �XWIRES:December20,2002 swdad TWO Notary Public llnderwMera u CAF#369 01 /01 /02 1.1 NOTARY PUBLIC: Print me: ^- / . 7Gii�1 e J-7`�rj," S 0 CITY (If Property is located within a City) WITNESSES: ATTEST: O City Clerk CAF#369 01101 /02 CITY of , jr7 d L'.yl C-. � %' l D A By l Mayor -Commissioner day of By GIs` ity Manager Pfl U day of 20 EXHIBIT "A" LEGAL DESCRIPTION TRACT "A" OF FAGERSTROM PLAT ACCORDING TO THE E LIAT RECORDS OF THEREOF AS RECORDED IN P FBOOK LOR FLORIDA. PAGE 46 O BROWARD COUNTY, CAF#369 10 01 /01 /02 EXHIBIT "B" IMPROVEMENTS Prior to plat or note amendment recordation, pay $25,000 to Broward County for the installation of video detectors for all approaches at the intersection of Video detectors shall utilize ITERIS "VANTAGE -PLUS" video detector assemblies, ECONOLITE "SOLO PRO" video detector assemblies, or approved equivalent. Depending on the intersection conditions, the system shall consist of three to six cameras with no more than six (6) lanes per camera, a video detection processor (VDP) capable of processing six wireless or wired video sources and a pointing device. The VDP shall be housed in a durable metal enclosure suitable for shelf mounting, not to exceed 0.58 feet height, 1.46 feet width and 0.87 feet depth. The VDP shall be modular in construction with plug in field replaceable units (FRU's) to minimize trouble shooting and repair time. The initial detection zones shall be dimensioned to comply with dimensions as per the plans. CAF#369 11 01 /01 /02 No Text ARTICLES OF INCORPORATION in compliance with Chapter 607 and/or Chapter 621, F.S. (Profit) ARTICLE I NAME The name of the corporation shall be: J . �Ao kai r\g5 ARTICLE If PRINCIPAL OFFICE The principal place of business/mailing address is: loos(-o NVj 5 3 Sir o0 Sld r1 t`15 e, F L 3 3 3 5 1 q`I'F9.0 Aft ARTICLE 1U PURPOSE The purpose for which the corporation is organized is: ARTICLE IV SNARES The number of shares of stock is: 1 0 O ARTICLE V INITIAL OFFICERS/DIRECTORS (option The name(s) and address(es): J ps}� f? US k ► r1 10-:40 CrLACLVOL l5tanA Foil uxuderdalc, F[.33315 ARTICLE VI REGISTERED AGENT The name and Florida street address of the registered agent is: Dav +d Ta c %e r toy 1 RW 125't4rVE Sun c %Sc, Fc. 333-'1-3 ARTICLE VII INCORPORATOR The name and address of the Incorporator is: .� OShuo- R uski ►7 1 o-;L.o G-ua�� s land. Fern-- l.�u��rcia�e. � F�. 33315 `Keying beers named as registered agent to accept service of process Jor the above stated corporation at the place designated in thrc certificate i ant familiar with and accept the appointment as registered agent and agree to act in this capaciV Signature/Registered-Agent Date Signature/Incorporator Date