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Home My WebLink AboutCity of Tamarac Resolution (320)Temp. Reso. #9939 10/28/2002 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2002- ....�,-,;�-D A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE AN AGREEMENT FOR ALLOCATION OF DEVELOPMENT ENTITLEMENTS BETWEEN LENNAR LAND PARTNERS AND THE CITY OF TAMARAC; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Resolution No. R-2002-179 the City of Tamarac entered into an Agreement for Purchase and Sale of Real Property with Lennar Land Partners for purchase of a 15.1 acre parcel adjacent to the Tamarac Sports Complex known as Parcel R, a/k/a Kings Point Rockford parcel; and WHEREAS, the original Agreement for Purchase and Sale of Real Property provided for certain development entitlements to be retained by Lennar, with other entitlement to be granted to the City; and WHEREAS, the City of Tamarac took title to this parcel on October 16, 2002; and WHEREAS, the Agreement for Allocation of Development Entitlements is required as a post -closing agreement in order to confirm those development entitlements as allocated in the pre -closing agreement and for recording in the public records of Broward County; and WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in Temp. Reso. #9939 10/28/2002 Page 2 the best interests of the citizens and residents of the City of Tamarac to authorize the appropriate City Officials to execute an Agreement for Allocation of Development Entitlements between Lennar Land Partners and the City of Tamarac. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE. 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: The appropriate City Officials are hereby authorized to execute an Agreement for Allocation of Development Entitlements between Lennar Land Partners and the City of Tamarac, attached hereto as Exhibit 1. C SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict.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 LJ E I .qFr.TanN ri passage and adoption. Temp. Reso. #9939 10/28/2002 Page 3 This Resolution shall become effective immediately upon its PASSED, ADOPTED AND APPROVED this 13t" day of November, 2002. ATTEST: r MARION SJVENSON. CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. MITCHELL � F CITY ATTOR JOE SCHREIBER MAYOR RECORD OF COMMISSION VOTE: MAYOR SCHREIBER DIST 1: V/M PORTNER--411 111 DIST 2: COMM. MISHKIN DIST 3: COMM. SULTANOF DIST 4: COMM. ROBERTS ♦• N Prepared by and return to Gerald L. Knight, Esq, l lolland &-, Knight UP One i+;; 51. Broward Boulevard suite 1300 Fort [_auderdale. V1,33301 ACXREEMENT FOR ALLOCATION OF DEVELOPMENT ENTITLEMENTS THIS AGREEMENT dated this day of 2002, by and between. LENNAR LAND PARTNERS, a Florida general partnership ("Lennar"), and CITY OF TAMARAC, a municipal corporation of the State of Florida ("City"). WITNESSETH: WHEREAS, :Lennar and City have entered into an Agreement for Purchase and Sale of Real Property dated July 3, 2002 ("Agreement"), pursuant to which the City intends to purchase certain real property described as Parcel R ("Parcel R"), Kings Point Replat, according to the plat thereof recorded at Plat Book 156, Page 3, Public Records of' Broward County, Florida ("Kings Point Replat"), on which the City proposes to construct a public park ("City Project"); and WHEREAS, Lennar is developer of the Kings Point Replat and is the owner of the remaining developable land within the Kings Point Replat; WHEREAS, pursuant to Paragraph 22 of the Agreement, Lennar and the City agreed on the allocation of certain development entitlements relating to the .Kings Point Replat; and WHEREAS, the purpose of this Agreement is to set forth the allocation of such development entitlements; NOW, THEREFORE, in consideration of the mutual covenants, conditions and consideration hereinafter set forth, the parties agree as follows: I. The above recitals are true and correct and are incorporated herein by reference. 2. Lennar and City agree that, except as otherwise provided herein, the conveyance of Parcel R by Lennar to the City shall not include any development entitlements available within the Kings Point Replat, including, but not limited to Broward County school impact fee credits, County or City park impact fee credits, and Broward County road impact fee credits. Any and all such development entitlements remaining within the Kings Point Replat shall be allocated and are hereby assigned to Lennar to be used by Lennar in connection with the development of other parcels within the Kings Point Replat. 3. Notwithstanding the foregoing, Lennar and City agree that the City shall be entitled to sixty-two (62) of the remaining vehicular trips vested for the Kings Point Replat for traffic concurrency purposes. The balance of the remaining vehicular trips vested for the Kings Point Replat shall be allocated and are hereby assigned to Lennar to be used by Lennar in connection with the development of other parcels within the Kings Point Replat. 4. This Agreement shall be binding upon and inure to the benefit of the parties, their successors and assigns. IN WITNESS WHEREOF, the parties have hereto executed this Agreement as of'the date set forth above. WITNESS ,S: sign Print Sign 3�'.:t.-; A j Sr['A'I E OF FLORIDA COUNTY OF I,I+,NNAR LAND PAMWERS, a Florida general part;nershlp By: Lennar homes, Inc., a Florida corporation, it's Attorney -in {,act pursuant to Power of At;torney recorded in Official Records Book 272(98, Page 824, Public Records of Broward County, Florida A By: - - Doyle If. Dudley, Vice,P esideiit The foregoing instrument was acknowledged. before me this .,,. : P day cif 2002, by Doyle D. Dudley, Vice President of Lennar Homes, Inc., a. Florida corporation, on behalf of the corporation. He is person i ly., known to me or has produced --as identification. otary Public M CUMMlw i;C?� CC 4)8i 39 i ii a d EXR [ °4!PP i,F6 waaz k 2 Sign Print Ali Sign Print STATE OF FLORIDA COUNTY OF BROWARD CITY OF TAMARAC, a municipal corporation of the State of Florida Name: 14 C By: Name: Title: (�' i z `,� �, 1, $ is 1i ACAl, ; M..,.. r The foregoing instrument was acknowledged before nie this day of -- ,ias _..._ . _f.._.. , and k- { y:,� "l'1 (�' as of the City of Tamarac, a municipal corporation of the State of Florida. He, Slxe is personally known to xxre -or—hits pr aducx l _T as identification. r"rr'r, I p (i0(i 198 v I Notary Public marsa L aehrtereir y �;`Mr;N�x, 0r ra�r5 eu f yi iiF March i)8. 2005 3