HomeMy WebLinkAboutCity of Tamarac Resolution R-2001-350November 14, 2001 - Temp Reso #9473 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2001-350
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF TAMARAC, FLORIDA,
AUTHORIZING THE APPROPRIATE CITY
OFFICIALS TO APPROVE AND EXECUTE THE
INTERLOCAL AGREEMENT BETWEEN THE
CITIES OF TAMARAC AND FORT LAUDERDALE
AND KEITH & BALLBE', INC. FOR THE
DEVELOPMENT OF OAK TREE EXECUTIVE
BUILDING (CASE NO. 21-MI-01); PROVIDING
FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the parties of this Interlocal Agreement desire to participate
cooperatively in the performance, on a continuing basis, of a coordinated, comprehensive
process to assure that facilities will be properly located and developed in relation to the
overall plan of community development; and
WHEREAS, Keith & Ballbe', Inc. owns property located within the Cities of Tamarac
and Fort Lauderdale; and
WHEREAS, Keith & Ballbe', Inc. is proposing to construct a 10,388 square foot
building on said property located within the Cities of Tamarac and Fort Lauderdale (Case
No. 38-SP-00); and
WHEREAS, the Interlocal Agreement is required to establish a common set of
requirements, clarifications and responsibilities for services to be provided; and
WHEREAS,
Keith & Ballbe',
Inc. has
coordinated with staff from the
Cities of
Tamarac and Fort
Lauderdale to
identify
a common set of regulations
regarding
November 14, 2001 - Temp Reso #9473 2
development of the subject property; and
WHEREAS, the undersigned parties have determined that this Agreement (attached
hereto as Exhibit 1") satisfies and is consistent with the requirements, clarifications and
responsibilities for services to be provided; 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 authorize the
appropriate City Officials to approve and execute the Interlocal Agreement between the
Cities of Tamarac and Fort Lauderdale and Keith & Ballbe', Inc. for the development of
Oak Tree Executive Building.
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 appropriate City Officials are hereby authorized to
approve and execute the Interlocal Agreement between the Cities of Tamarac -and Fort
Lauderdale and Keith & Ballbe', Inc. for the development of Oak Tree Executive Building
(attached hereto as Exhibit "1 ")
SECTION 3: All resolutions or parts of resolutions in conflict herewith are
hereby repealed to the extent of such conflict.
1
November 14, 2001 - Temp Reso #9473 3
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.
SECTION 5: This Resolution shall become effective immediately upon its
passage and adoption.
PASSED, ADOPTED, AND APPROVED this 281" day of November, 2001.
ATTEST.
MAR10N SV ENSON, CMC
CITY CLERK
I HEREBY CERTIFY that I
have approved this
R,ieS'))LIUTION as to form.
ITCHELL'OKF
CITY ATTORN
com and ev\u:\pats\u serdata\wpdata\res\9473reso
JOE SCHREIBER
MAYOR
RECORD OF COMMISSION VOTE:
MAYOR SCHREIBER Al e/
DIST 1: COMM. PORTNER_Ay A DIST 2: COMM. MISHKIN e,
DIST 3: V/M SULTANOF A e,
DIST 4: COMM. ROBERTS_Aye,
EXHIBIT'T TEMP RESO #9473
INTERL L AGREEMEN
(Development Permit Services)
THIS IS AN INTERLOCAL AGREEMENT PURSUANT TO CHAPTER 163, PART 1,
FLORIDA STATUTES, entered into on , 2001, among:
V KEITH & BALLBE PROSPECT, LLC, a Florida limited
liability company,
and
CITY OF FORT LAUDERDALE, a municipal corporation
of the State of Florida, hereinafter referred to as "Fort
Lauderdale".
and
CITY OF TAMARAC, a municipal corporation of the State
of Florida, hereinafter referred to as "Tamarac".
WITNESSETH:
WHEREAS, pursuant to Motion, adopted at its meeting of , 2001,
the City Commission of Fort Lauderdale authorized the proper City officials to enter into this
Interlocal Agreement; and
WHEREAS, pursuant to Motion, adopted at its meeting of 'kw. a f , 2001,
the City Commission of Tamarac authorized the proper City officials to enter into this Interlocal
Agreement; and
WHEREAS, there is certain property described in Exhibit "A" attached hereto and
incorporated herein which is located within the municipal boundaries of Fort Lauderdale and
Tamarac; and
WHEREAS, a development has been proposed for the property described in Exhibit "A"
("Property"), which development consists of a professional office building and related accessory
uses; and
WHEREAS, both cities desire to have one city permit the development pursuant to the
South Florida Building Code regulations, other applicable building code regulations and
engineering standards for the development of the Property located in both cities; and
WHEREAS, both cities agree to authorize and allow Fort Lauderdale to provide building
permit services related to the development of the Property to the extent provided in this Interlocal
Agreement; and
WHEREAS, both cities are desirous of entering into this Interlocal Agreement in order to
address issues of concurrent jurisdiction and to eliminate any conflicts between the parties;
NOW, THEREFORE, in consideration of the mutual promises and convenants contained
herein, and other good and valuable consideration, the receipt and adequacy of which are
acknowledged, the parties agree as follows:
ARTICLEPURPQSE
-
1.1 The purpose of this Interlocal Agreement is to coordinate and designate the
exercise of the authority and responsibilities of the respective cities with regard to the building
and engineering permits and certificates of occupancy required for the development of the
Property. It is the intent of the parties that the exercise of concurrent jurisdiction within their
respective areas of control shall be governed by and interpreted to be consistent with the terms of
this Interlocal Agreement; provided, however, this Interlocal Agreement is not intended to impair
or limit any of the cities' home rule powers granted by Article VIII of the Florida Constitution
and Chapter 166, Florida Statutes.
ARTICLE II
DEFINITIONS
2.1 For the purpose of this Interlocal Agreement, the following terms shall have the
meanings ascribed herein:
A. City Manager. The chief administrative officer of the respective cities or the city
manager's designee.
B. Property. That property more particularly described on Exhibit "A" attached
hereto.
C. QeveJQpgjr. Keith and Ballbe Prospect, LLC, a Florida Limited liability company.
D. Devglopmot Plan. The conceptual development plan described on Exhibit "B",
attached hereto.
ARTICLE III
POWERS, RESPONSIBILITIE5 AND OBLIGATIONS
3.1 It is acknowledged and agreed that approximately 36.3 percent (36.3%) of the
Property is located within Fort Lauderdale, and approximately 63.7 percent (63.7%) of the
Property is located within Tamarac.
3.2 Fort Lauderdale and Tamarac acknowledge and agree that they have each
reviewed the Development Plan and the proposed development on the portion of the Property
within their respective city is an appropriate use of the Property.
3.3 Fort Lauderdale and Tamarac acknowledge and agree that any development on
that portion of the Property within Tamarac must be consistent with Tamarac's Comprehensive
Plan, Future Land Use Map, zoning district, and land development regulations and that any
development on that portion of the Property within Fort Lauderdale must be consistent with Fort
Lauderdale's Comprehensive Plan, Future Land Use Map, zoning district, and land development
regulations.
3.4 The parties agree that Fort Lauderdale shall be responsible for reviewing and
issuing all building and engineering permits required for the development of the Property
whether located in Tamarac or Fort Lauderdale, issuance of any certificates of occupancy,
conducting all building and engineering inspections required during the development of the
Property and taking such other actions necessary pursuant to the South Florida Building Code
(SFBC) or such other building code in effect and pursuant to City of Fort Lauderdale
Engineering standards. Compliance with applicable fire related codes shall also be the
responsibility of Fort Lauderdale and Fort Lauderdale shall collect and retain all fire inspection
fees associated with the development. Representatives from the City of Tamarac are authorized
to enter upon the Property to verify that the Development Plan, as approved by Tamarac, is
adhered to. Furthermore, upon substantial completion of the site work, Developer agrees to
provide an Engineer's Certification to both cities stating that the site work is completed in
substantial conformance to the Development Plan as approved by each City.
3.5 For purposes of further review of the Development Plan, Tamarac hereby
designates Chris King as the representative for the staff of Tamarac. Nothing herein contained,
however, shall be construed as obviating the necessity for a review of the proposed Development
Plan by the Building, Utilities and Public Works Departments of Tamarac. Prior to Fort
Lauderdale issuing any building permits, Developer must provide written approval from
Tamarac's representative that Tamarac has completed its review of the Development Plan, all
fees have been collected as provided in Section 4.1 and Fort Lauderdale may proceed with
issuance of building permits in accordance with the Development Plan.
3.6 Fort Lauderdale shall give the City Manager of Tamarac written notice at least ten
(10) days in advance of any required public hearings of the Fort Lauderdale Development
Review Committee, Planning and Zoning Board or of the City Commission regarding any
additional required development approvals for the Property.
3.7 Fort Lauderdale agrees that it will not approve any change to the approved
Development Plan for Property located within the City of Tamarac, and that any change within
that portion of the Property located within the City of Tamarac shall be required to be reviewed
by the City of Tamarac.
3.8 Both Cities shall retain the power to enforce compliance with their respective city
codes, in their respective jurisdictions, and subject to the approved Development Plan.
3.9 Any subsequent amendment to the Development Plan which has the effect of
substantially altering ingress/egress to the Property will constitute a substantial change to the
Development Plan, requiring approval of the City of Tamarac in accordance with Tamarac's
Development Review Process for Minor and Major Revised Site Plans and the City of Fort
Lauderdale in accordance with their regulations.
ARTICLE IV
DEVELOPMENT FEES
4.1 Fort Lauderdale and Tamarac agree that any building or engineering permit
related fees, to be charged for the construction of the building or public improvements for the
development as set forth on the Development Plan whether located in Fort Lauderdale or
Tamarac shall be those adopted and imposed by Fort Lauderdale for development within Fort
Lauderdale. In addition, Tamarac may impose fees for the portion of the development lying
within Tamarac as follows:
A. Appropriate inspection and permitting fees for inspections and permitting which
may be required as a result of Building, Utilities and Public Works staff review
pursuant to Section 3.5 hereof;
B. Local Traffic Impact and Streetscape Improvement Fee as a result of
ingress/egress from Prospect Road within Tamarac;
C. Occupational License Fees for all future commercial activities within Tamarac;
D. Stormwater Assessments for the portion of the Property in Tamarac;
E. Fire Rescue Fees for all portions of the Property for which Tamarac will have
responsibility to provide services;
F. Stormwater Utility Assessments for the portion of the Property in Tamarac;
G. Fees as described in Tamarac Ordinance 0-93-24 and Resolutions R-93-121 and
R-95-209 as the same may be amended from time to time.
Any fees imposed by Fort Lauderdale for development in either City as authorized herein shall
be collected and retained by Fort Lauderdale. Fees imposed and collected by Tamarac as
authorized herein shall be retained by Tamarac.
4
ARTICLE_V
AD VALOELM AND NON-ADVALOREM TAX ASSES ENT
5.1 The parties acknowledge that the Broward County Tax Appraiser has assigned
two folio numbers to the Property as follows: a) Tamarac Parcel #494217120020; b) Fort
Lauderdale Parcel #494217120021. The City in whose jurisdiction the property lies shall
continue to enjoy the benefit of the taxes and assessments, levied according to law, including
non -ad valorem tax assessments.
5.2 Both Tamarac and Fort Lauderdale shall have a co -equal responsibility to respond
to emergency situations including fire, medical, hazardous material, crime and the like without
regard to jurisdictional boundaries. It is the responsibility of the property owner to address these
provisions with both fire and police departments.
ARTICLE VI
INDEMNIFICATION
6.1 Developer shall indemnify and hold harmless the Cities of Tamarac and Fort
Lauderdale, their respective elected and appointed officials, employees, and agents from any and
all claims, suits, actions, damages, liability, and expenses (including attorney's fees) that may
arise in connection with or as a result of this Agreement. The above provision shall survive the
development phase of the Property and/or the termination of this Agreement and shall pertain to
any occurrence arising from the terms of this Agreement, even though the claim may be made
after the Property has been fully developed or the Agreement has been terminated.
6.2 Nothing contained herein is intended nor shall be construed to waive the Cities'
right and immunities under the common law or Florida Statutes Section 768.28 as amended from
time to time.
ARTICLE VII
MI ELL
7.1 Any notice required hereunder shall be by hand delivery or first class mail, return
receipt requested, and addressed to the party intended to receive same at the following addresses:
Developer Keith & Ballbe, Inc.
1700 Northwest 64 Street, Suite 300
Fort Lauderdale, Florida 33309
Fort Lauderdale City Manager
City of Fort Lauderdale
100 North Andrews Avenue
Fort Lauderdale, Florida 33301
Tamarac City Manager
City of Tamarac
7525 Northwest 881" Avenue
Tamarac, Florida 33321-2401
7.2 In the event any term or provision of this Interlocal Agreement shall be
determined by appropriate judicial authority to be illegal or otherwise invalid, such provision
shall be given it nearest legal meaning or be construed or deleted as such authority determines,
and the remainder of this Interlocal Agreement is a valid and binding contract enforceable in
accordance with its terms, and that no party shall institute any suit or action which challenges the
validity of this Interlocal Agreement or any of the terms contained herein.
7.3 The parties hereto agree that all legal requirements pertaining to the execution of
this Interlocal Agreement have been undertaken, and each party agrees to exchange with the
other, copies of the official records of its governing body evidencing the authorized execution of
the Interlocal Agreement. The Interlocal Agreement shall be filed with the clerk of the Broward
County Circuit Court as required by Section 163.01 (11), Florida Statutes. Except as herein
provided, this Interlocal Agreement shall be governed by and construed in accordance with
Florida law and supersedes all other prior oral and/or written agreements between the parties.
IN WITNESS OF THE FOREGOING, the parties have set their names and seals the day
and year written above.
WITNESSES:
7
[Witness -print or type name]
(CORPORATE SEAL)
STATE OF FLORIDA:
COUNTY OF BROWARD:
KEIT LBE PROSPECT, LLC
By
P
M
ATTEST:
BEFORE ME, an officer duly authorized by law to administer oaths and take
acknowledgments, personally appeared this 2 ' day of 2001,
WP,TWf4t IA% ay N L VUFA IAI and C A7et us 3c su as
and PA QrNe_ -,respectively, of KEITH &
BALLBE PROSPECT, LLC, and acknowledged they executed the foregoing Agreement as the
proper officials of KEITH & BALLBE PROSPECT, LLC, for the use and purposes mentioned in
it and they affixed the official seal of the company, and that the instrument is the act and deed of
that company.
(SEAL)
DAWN M. IESNIAKOWSKI
COMMISSION CC962198
ruauc EXPIRES AUG 20 200A
BONDED THROUGH
ADVANTAGE NOTARY
WITNESSES:
[Witness -print or type name]
Notary Public, State of Florida
(Signature of Notary taking
Acknowledgment)
AkU.,r P. LE`-NiA l.owse/
Name of Notary Typed,
Printed or Stamped
My Commission Expires:
cc 962/9S
Commission Number
CITY OF FORT LAUDERDALE
Ltz
Mayor
City Manager
[Witness -print or type name]
(Corporate Seal) ATTEST:
City Clerk
VA
Approved as to form:
City Attorney
STATE OF FLORIDA:
COUNTY OF BROWARD:
The foregoing instrument was acknowledged before me this
, 2001, by JIM NAUGLE, Mayor of the CITY OF FORT
LAUDERDALE, a municipal corporation of Florida. He is personally known to me and did not
take an oath.
(SEAL)
Notary Public, State of Florida
(Signature of Notary taking
Acknowledgment)
Name of Notary Typed,
Printed or Stamped
My Commission Expires:
Commission Number
STATE OF FLORIDA:
COUNTY OF BROWARD:
The foregoing instrument was acknowledged before me this
, 2001, by F.T. JOHNSON, City Manager of the CITY OF FORT
LAUDERDALE, a municipal corporation of Florida. He is personally known to me and did not
take an oath.
(SEAL)
Notary Public, State of Florida
(Signature of Notary taking
Acknowledgment)
Name of Notary Typed,
Printed or Stamped
My Commission Expires:
Commission Number
WITNESSES:
[Witness -print or type name]
! Owee�ne-c
[Witness -print or type name]
(Corporate Seal)
STATE OF FLORIDA:
COUNTY OF BROWARD:
CITY OF TAMARAC
By
Mayor
l�
By
'4`:A ,, ity Manager
ATTEST:
The foregoing instrument was acknowledged before me this
c. - , 2001, by , )CL i ='�-� ��=t , Mayor of the CITY OF
TAMARAC, a municipal corporation of Florida. He is personally known to me and did not take
an oath.
(SEAL)
ILLLL• AA A.*
AAA A iAF.''.AA A A-♦♦L,LLL
L:\AGMTS\DEVELOPR\2001\OAKTREE.WPD
Notary Public, State of Florida
(Signature of Notary taking
Acknowledgment)
Name of Notary Typed,
Printed or Stamped
My Commission Expires:
Commission Number c-,, [,; i "j"_'
9
EXHIBIT "All TEMP RESO #9473
DESCIZIPTION
A I I that IMI", (t['Loz 2. GOL FVJ FAV PLA.7-A. as t-ccord-ed in Nat book i I at I"wt:
-oward County: Florida, des-cribud w-, 1*611o. vs-
Lif thy Public R urds of'Bi v
Commence'at the Nuilhvest corner (,,wf said Lot 2, thetice South 34"'; 1,50" West
along 01(f west. line of 54'id Lot 2. 150.05 Feet.'tv Ux .,PdiPt :ol*. Be"I'M11111ty of* the N116.
South 3 4'5 1 "50" W".t,,, St)-,90 feet: Lhemw..Southeas.tc'
-a;' .a a curer to tfic left. I.-i aiol IL, the South title of %, id, Lot being, the !1rC �C 'vV111L, a'
L 36�' mli `d'%tai pa of 24,5.97 ret:t; theilci:
ki i US Ll f 1: ORS .3 84cat, -a:cz�ntral angle of 1 6' - rc
:�wdt 12'01'16" Eqst;.-172_-;0.1 theacu SOdtri'. SRO2 1 Wesi. 2 i3.47, fe,•t to
Point o 1.* 13,0g.11111111,
4_7
Comaining 27A20 tquare-feet, and aiso-,
All (hat part oi'Lot'Z GOL 17V IEW PLAZ.0%, its lrecv{dvd in; Mat 13cuk. I !I :it lluq
Of tht" Public R&zrdi of Bro,.-vard'-Count.v, H668a..described as 10110%;S,
Beginning idthe.1144nhw'est comer of -said Lot'2z thence. South, 34151 *5'0'7. bVest
along di Wust. line or said Lot 2. 155-6:65 feet; thunce No .
thence: Nbrth 12001 1(East. 57-.91 Meet: EhCTICC Nor ' Lhwestetlo y al,tig the North litre, OF
Sil;d Lot be-ing tic arc -ofa circular et' to the right. having 1 int g a radjus Of 901,64 I`cej. et
.:ctm,al angic of'21'19*277, an arc. distanec 111152-26 k"eut w-dic Polp( i.)(*BcgM.n,;11-w.
Corawning 16,913 Square feet.
N . F
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PHONE NO. : 954 563 0586
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334`51.50-W alongthe vast lira of baid Lot 2, 150.65 fsat
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tbmb.: centiaue A34.81I50'w, 49.90 festj thencr south-
raatsrly.slang the South line of said Lot 2, being the
arc 0f a circular carves to the ].ett having a raaddilUs of
1044.34 feat, a central, s,a4le of Z2�'9d•36', nn arc
distance vl 243.97 Laets thence H12'01'16'S, 272.03 last.:
thence S440211229W, 213.47 feet to the POINT Of VMXWZW--.
conta!W ng 27.420 square feet.
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Lcea)os TE EXEMIT A
i-EMP RESO #9473
EXHIBIT "B"
Please note that the Conceptual Development Plan (Exhibit "B") is the
site plan for Oak Tree Executive Building (Case No. 38-SP-00)
currently being processed as Temp Reso #9435 and will be attached
upon approval by the City Commission of the City of Tamarac.