HomeMy WebLinkAboutCity of Tamarac Resolution (166)June 20, 2002 - Temp Reso #9821 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2002- I �6
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF TAMARAC, FLORIDA,
APPROVING THE REGIONAL ROAD
CONCURRENCY AGREEMENT BETWEEN
BROWARD COUNTY, LENNAR LAND
PARTNERS, A FLORIDA GENERAL
PARTNERSHIP, BY LENNAR HOMES, INC., (A
FLORIDA CORPORATION) AND THE CITY OF
TAMARAC FOR ROAD CONCURRENCY
RELATING TO PARCEL "H" OF THE "KINGS
POINT REPLAT" LOCATED ON THE EAST SIDE
OF NOB HILL ROAD AT NW 80TH STREET
(CASE NO. 2-AP-02); PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, a Delegation Request to amend the restrictive note on Parcel "H" of the
"Kings Point Replat" (attached hereto as Exhibit "A") was approved by the City Commission
of the City of Tamarac on April 24, 2002; and
WHEREAS, the Board of County Commissioners of Broward County denied the
aforementioned Delegation Request on May 15, 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 Parcel "H" of the "Kings Point Replat" as
June 20, 2002 - Temp Reso #9821 2
described in Exhibit "A" (Regional Road Concurrency Agreement — County Project and the
City of Tamarac and Lennar Land Partners, a Florida General Partnership, by Lennar
Homes, Inc. [a Florida Corporation] for Regional Road Concurrency relating to Parcel "H"
of the "Kings Point Replat"); 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, Lennar Land Partners,
a Florida General Partnership, by Lennar Homes, Inc. (a Florida Corporation) and the City
of Tamarac for Road Concurrency relating to Parcel "H" of the "Kings Point Replat" located
on the east side of Nob Hill Road at NW 80th Street.
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, Lennar Land Partners, a Florida General Partnership, by Lennar Homes,
June 20, 2002 - Temp Reso #9821 3
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Inc. (a Florida Corporation) and the City of Tamarac for Regional Road Concurrency
relating to Parcel "H" of the "Kings Point Replat" (attached hereto as Exhibit 1"), is
HEREBY APPROVED.
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 20, 2002 - Temp Reso #9821 4
This Resolution shall become effective immediately upon its
PASSED, ADOPTED AND APPROVED this 26 day of June, 2002.
ATTEST:
MARION 5 ENSON, CMC
CITY CLERK
I HEREBY CERTIFY that
I have approved this
RESOLUTION as to form.
ITC L J/I<KAFT
CITY ATTORNEY
commdev\u:\pats\userdata\wpdata\res\9821 reso
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
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EXHIBIT'I" TEMP RESO #9821
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 333301
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
LENNAR LAND PARTNERS, its successors and assigns, hereinafter referred to
as DEVELOPER,
AND
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
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01 /01 /02 1
WHEREAS, DEVELOPER has applied for approval of or an amendment to
Parcel H, Kings Point Replat Plat, hereinafter referred to as "PLAT," more particularly
described in Exhibit "A" attached hereto and made a part hereof; and
WHEREAS, on May 15, 2002, 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 $50,000
which is the cost of installing video detection equipment, as described in Exhibit "B"
attached hereto, at the intersections of University Drive and Riverside Drive; and Nob
Hill Road and Commercial Boulevard; and
WHEREAS, the Broward County Development Management Division has
approved this remedial measure and finds that its concurrency requirements for the
PLAT will be met with the execution of, and compliance with, the terms of this
Agreement by DEVELOPER; NOW, THEREFORE,
IN CONSIDERATION of the mutual terms, conditions, promises, covenants, and
payments hereinafter set forth, COUNTY and DEVELOPER agree as follows:
1. The above recitals are true and correct and are hereby incorporated herein.
2. CONSTRUCTION OF IMPROVEMENTS.
(a) DEVELOPER agrees to pay $50,000 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
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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.
(d) Developer agrees that this agreement shall be recorded in the Official
Records of Broward County, Florida, against the property described in
Exhibit "A" to put subsequent purchasers, grantees, heirs, successors and
assigns of any interest in such property on notice of the obligations set
forth herein, which shall run with the property until fully paid and
performed. However, the amount(s) set forth above shall not constitute a
lien on the property unless and until the provisions below are activated by
the recording of a "Notice of Lien."
3. CONCURRENCY COMPLIANCE. COUNTY finds that by executing and
complying with the terms of this Agreement, DEVELOPER has satisfied the
adequacy of the Regional Roadway Network requirement of the Broward County
Land Development Code for the PLAT as approved by the COUNTY.
4. If the property is within a municipality, CITY agrees not to issue a certificate of
occupancy for any development within the PLAT until CITY receives confirmation
from COUNTY that the payment required pursuant to Section 2(a) has been
received by COUNTY.
5. NOTICE. Whenever any of the parties desire to give notice to the other, such
notice must be in writing, sent by U.S. Mail, postage prepaid, addressed to the
party for whom it is intended at the place last specified; the place for giving of
notice shall remain such until it is changed by written notice in compliance with
the provisions of this paragraph. For the present, the parties designate the
following as the respective places for giving notice:
For the COUNTY:
Director, Development Management Division of Broward County
115 South Andrews Avenue, Room A240
Fort Lauderdale, FL 33301
Director of the Broward County Engineering Division
115 South Andrews Avenue, Room 321
Fort Lauderdale, FL 33301
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01 /01 /02 3
For the DEVELOPER:
Lennar Land Partners
c/o Doyle Dudley
Lennar Homes, Inc.
1015 North State Road 7
Bay C
Royal Palm Beach, FL 33411
For the CITY:
City of Mager
7525 NW 88 Avenue
Tamarac, FL 33321
With a copy to the City Attorney at the same address.
5. 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
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provisions inserted in this Agreement or attached hereto shall control all printed
provisions in conflict therewith.
12. FURTHER ASSURANCES. The parties hereby agree to execute, acknowledge
and deliver and cause to be done, executed, acknowledged and delivered all
further assurances and to perform such acts as shall reasonably be requested of
them in order to carry out this Agreement.
13. ASSIGNMENT AND ASSUMPTION. DEVELOPER may assign all or any portion
of its obligations pursuant to this Agreement to a grantee of the fee title to all or
any portion of the property described in Exhibit "A." DEVELOPER agrees that
any assignment shall contain a provision which clearly states that such
assignment is subject to the obligations of this Agreement.
14. AMENDMENTS. No modification, amendment, or alteration in the terms or
conditions contained herein shall be effective unless contained in a written
document prepared with the same or similar formality as this Agreement and
executed by the parties to this Agreement.
[THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK]
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IN WITNESS WHEREOF, the parties hereto have made and executed this
Agreement on the respective dates under each signature: BROWARD COUNTY
through its BOARD OF COUNTY COMMISSIONERS, signing by and through its Chair
or Vice Chair, authorized to execute same by Board action on the day of
, 2002, CITY OF TAMARAC, signing by and through its
Mayor and City Manager, duly authorized to execute same, and DEVELOPER, signing
by and through its duly authorized to execute same.
ATTEST:
COUNTY
BROWARD COUNTY, through its
BOARD OF COUNTY
COMMISSIONERS
County Administrator and
Ex-Officio Clerk of the By
Board of County Commissioners
of Broward County, Florida
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Chair
day of , 2002
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
2
Assistant County Attorney
DEVELOPER -CORPORATION/ PARTNERSHIP
Witnesses (if partnership): LENNAR LAND PARTNERS, a Florida
general partnership
(Signature)
Pri Jt namm
(Signature) /-(� S14 ILI
Print name:
By: Lennar Homes, Inc., a Florida
corporation, its Attorney -In -
Fact
r
By
Doyl D. Dudley, Vice esident
Address: 1015 North State Road 7, Bay C,
Royal Palm Beach, FL 33411
ACKNOWLEDGMENT - CORPORATION/PARTNERSHIP
STATE OF FLORIDA
SS,
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this - day of
( , 2002, by Doyle D. Dudley, as Vice President of Lennar Homes,
Inc., a Florida corporation, Attorney -in -Fact for Lennar Land Partners, a Florida
general partnership. He or she is:
personally known to me, or
]produced identification. Type of identification produced
ip,RY P& OFFICIAL NO SEAL
,0 KERRY M CRIPPS
COMMISSION NUMBER
(Seal) q, �a DD095387
FQFFVC MY COMMISSIONEXPIRES
MAR. 15,2006
My commission expires: �S �14�
NOTARY PUBLIC:
Print name:_r(,�/:25
WITNESSES:
ATTEST:
wim
City Clerk
CITY
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CITY of TAMARAC
By
Mayor -Commissioner
c9 day of , 2002
ty M nager
0?6 day of , 2002
APPROVED AS TO FORM:
City A
P.
EXHIBIT "A"
LEGAL DESCRIPTION
Parcel H, Kings Point Replat, recorded at Plat Book 156, Page 3, Public Records of
Broward County, Florida.
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01/01/02
EXHIBITS"
IMPROVEMENTS
Prior to plat or note amendment recordation, pay $50,000 to Broward
County for the installation of video detectors for all approaches at the
intersections of University Drive and Riverside Drive; and Nob Hill
Road and Commercial Boulevard.
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