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HomeMy WebLinkAboutCity of Tamarac Resolution R-2001-352June 26, 2001 - Temp Reso #9435 1 Revision No. 1 — August 9, 2001 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2001-352 . A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, ISSUING REVISED DEVELOPMENT ORDER NO. 003.2 AND GRANTING NEW DEVELOPMENT SITE PLAN APPROVAL TO OAK TREE EXECUTIVE BUILDING TO ALLOW THE CONSTRUCTION OF A 10,388 SQUARE FOOT OFFICE BUILDING WITH ASSOCIATED PARKING, LANDSCAPING AND INFRASTRUCTURE IMPROVEMENTS, INCLUDING A PARKING WAIVER TO ALLOW THE REDUCTION IN PARKING STALL WIDTH OF FIFTY (50) PARKING SPACES FROM TEN (10') FEET TO NINE (9') FEET; LOCATED AT THE 2200 BLOCK OF PROSPECT ROAD; SPECIFICALLY A PORTION OF LOT 2 OF THE "GOLFVIEW PLAZA" PLAT, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 121, PAGE 3 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA; CASE NO. 38- SP-00; PROVIDING FOR CONDITIONS OF APPROVAL; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Keith & Ballbe, Inc./Joe Keith ("Applicant") has requested approval of New Development Site Plan to allow the construction of a 10,388 square foot office building with associated parking, landscaping and infrastructure improvements, including a Parking Waiver to allow the reduction in parking stall width of fifty (50) parking spaces from ten (10') feet to nine (9') feet, to be located at the 2200 Block of Prospect Road; and 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 June 26, 2001 - Temp Reso #9435 2 Revision No. 1 — August 9, 2001 development order and site plan approval by the applicant for development approval; and WHEREAS, the City Commission has examined the application, the staff and Planning Board recommendations, and the Development Review Status Sheet dated June 26, 2001 (attached hereto as Exhibit I"); and WHEREAS, the Development Review Committee recommended approval on April 20, 2001; and WHEREAS, the Planning Board recommended approval on June 26, 2001; 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. 003.2 and grant New Development Site Plan approval to Oak Tree Executive Building to allow the construction of a 10,388 square foot office building with associated parking, landscaping and infrastructure improvements, including a Parking Waiver to allow the reduction in parking stall width of fifty (50) parking spaces from ten (10') feet to nine (9') feet, located at the 2200 block of Prospect Road; specifically a portion of Lot 2 , of the "Golfview Plaza" Plat, according to the Plat thereof as recorded in Plat Book 1 1 1 June 26, 2001 - Temp Reso #9435 3 Revision No. 1 — August 9, 2001 121, Page 3 of the Public Records of Broward County, Florida; Case No. 38-SP-00. 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. 003.2 and granting of New Development Site Plan approval to Oak Tree Executive Building to allow the construction of a 10,388 square foot office building with associated parking, landscaping and infrastructure improvements, including a Parking Waiver to allow the reduction in parking stall width of fifty (50) parking spaces from ten (10') feet to nine (9') feet, located at the 2200 block of Prospect Road; specifically a portion of Lot 2 of the "Golfview Plaza" Plat, according to the Plat thereof as recorded in Plat Book 121, Page 3 of the Public Records of Broward County, Florida; Case No. 38-SP-00; is HEREBY APPROVED. SECTION 3: Revised Development Order No. 003.2 and the New Development Site Plan issued and granted herein are subject to the following conditions: June 26, 2001 - Temp Reso #9435 4 Revision No. 1 — August 9, 2001 A. 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. B. 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. C. The development order is assignable, but an assignment does not discharge any assignee from strict compliance with the order unless the City Commission s consents to modify any of the original requirements. SECTION 4: All resolutions or parts of resolutions in',conflict herewith are hereby repealed to the extent of such conflict. 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. n 1 1 0 0Fr.-rinN F passage and adoption. June 26, 2001 - Temp Reso #9435 5 Revision No. 1 — August 9, 2001 This Resolution shall become effective immediately upon its i; PASSED, ADOPTED, AND APPROVED this 28t" day of November, 2001. ATTEST: MARION-SWENSON, CMC CITY CLERK I HEREBY CERTIFY that I nSproved this �UTION as to form. ITCHELL AFT CITY ATTORNEY commdev\pats\userdata\wpdata\res\9435reso RECORD OF COMMISSION VOTE: MAYOR SCHREIBER A ye, DIST 1: COMM. PORTNER 6l g DIST 2: COMM. MISHKIN Alves DIST 3: V/M SULTANOF Al -ye. DIST 4: COMM. ROBERTS Al ev EXHIBIT 94 1" TEMP RESO #9435 CITY OF TAMARAC 7525 NORTHWEST 88 AVENUE TAMARAC, FLORIDA 33321 TELEPHONE (954) 724-1292 DEVELOPMENT REVIEW STATUS SHEET Date: June 26, 2001 Orig. Dev. Order: 003 Revised Dev. Order: 003.2 Project: Oak Tree Executive Building Master File: 32-80 Location: 2200 Block of Prospect Road Developer: Keith & Ballbe', Inc. Owner: Keith & Ballbe' Prospect, LLC Zoning: LI-1 —Tamarac Airport Industrial Park (AIP) — Fort Lauderdale Future Land Use Designation: Commercial Acres: 1.02 Recommended Date for Commission Action: July 11, 2001 1. DEVELOPMENT ORDER FOR: NEW DEVELOPMENT SITE PLAN APPROVAL Comments: Subject to Findings. 2. PLANNING BOARD RECOMMENDATION: APPROVAL Date of Action: June 26, 2001 Planning Board findings of compliance with certified Plan: Yes 3. FINAL ENGINEERING DRAWINGS: Dated Received: On File in the City Engineer's Office. 4. LANDSCAPE PLAN: June 15, 2001 S. BROWARD COUNTY DEVELOPMENT REVIEW COMMITTEE REPORT: N/A 1 EXHIBIT 661" TEMP RESO #9435 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 Fee Amount: To be determined at Final Site Plan Approval Developer Agreement addressing development regulations (Interlocal Agreement between Fort Lauderdale, Keith & Ballbe', Inc. and the City of Tamarac) 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 I IF J Local Parks/Recreation Public Works Engineering Fees Utility Engineering Fees Bonds (Utilities, Public Works) Fee Amount: To be determined Fee Amount: To be determined Fee Amount: To be determined 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 Fee Amount: N/A 4 EXHIBIT "1" TEMP RESO #9435 K. Local Traffic Impact Fees: Fee Amount: $1,755.57 7. DEVELOPMENT REVIEW REQUIREMENTS 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: To be determined by Broward County School Board 8. PROCESSING FEES (PAID) Site Plan $2,250.00 u:\pats\userdata\wpdata\forms\9435drss 3 OAKTREE EXECUr1VE BUILDING CASE NO. 38,SP-00 -TEMP RESO tl8435 Ll- ------- - - ----------------- -------- ort Laudiledale 500 0 500 Feet CITY COMMISSION July 11, 2001 New Development Site Plan Ay o City of Tamarac I Christopher King 7525 N.W. 88th Ave., Tamarac, Florida 33321-2401 Director Telephone: (954) 724-1292 Community Devdw"t Facsimile: 724-2453 Jug"22-01 Ol :23P Ke-ith & Bal "lbe"' , Inc. 9544899802 P.01 DESIGNATION OF AGENT FOR QUASI-JUDICIAL PROCEEDINGS DATE: CASE NO.: 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. Jonathan W._ ei rh ,_, , WILL ATTEND THE QUASI-JUDICIAL (insert name of Agent) HEARING TO BE HELD ON IN MY ABSENCE. IN ADDITION, ' HAS MY PERMISSION TO ACT AS MY AGENT IN ALL MATTERS RELATING TO ANY PROCEEDINGS RELATED TO Oak Tree Executive Building (Address of subject property) THIS FORM MUST BE RETURNED PRIOR TO THE QUASI-JUDICIAL HEARING. SIGNATURE OF OWNER: Jonathan W. Keith (Print Name of Owner) STATE OF FLORIDA: COUNTY OF BROWARD: NAME/ADDRESS AND PHONE NO. OF DESIGNATED AGENT: Jonathan W. Keith, P.E. 1700 N.W. 64th Street, Suite 300 Ft. Lauderdale, Florida 33309 (Print Name of Designated Agent) 954-489-9801 Phone: Fax: The foregoing instrument was acknowledged before me this 22 day of Au ust , if" , by Ignatlian W- Keith owner of property, who is personally known to me Set` )and (type of identification) who (didldid;fuxt) take an oath. My Commission Expires: i+�' '. Lome 1 Tortes Q*My Commission CC782322 urn Expires November 17, 2002 ! Notary Public State of Florida Lorna Torres (Type or print name of Notary) CITY OF FORT LAUDERDALE "! e�zice o�C�lnzericcr Vanessa T. Steinerts Assistant City Attorney City of Tamarac 7525 Northwest 88th Avenue Tamarac, FL 33321-2401 Direct Line: (954) 828-5034 April 3, 2002 �C7 tv M cn i j"i l 2 77 1 r 1 11 III w Re: Interlocal Agreement for Development Permit Services Dear Ms. Steinerts: Enclosed please find one fully executed original of the Interlocal Agreement for Development Permit Services among Keith & Ballbe Prospect, LLC, the City of Fort Lauderdale and the City of Tamarac. Pursuant to Article 7.3, Mr. Keith picked up an original, will have it recorded in the Public Records of Broward County and supply a copy of the Interlocal Agreement containing the recording information to me. Please let me know if you would like a recorded copy for your records. Thank you for your assistance in finalizing this matter and please do not hesitate to contact me if you have any questions. V y truly yours, S ON P. MILL R Assistant City Attorney SPM/ka/1-02-623vs Enclosure L:\SPM\LETTERS\2002\623VS.WPD OFFICE OF THE CITY ATTORNEY 100 N. ANOREWS AVENUE, FORT LAUDERDALE, FLORIDA 33301 EQUAL OPPORTUNITY EMPLOYER TELEPHONE:(954) 828-5940, FAX (954) 828-5915 PRINTED ON RECYCLED PAPER i '� www.d.fort-lauderdale.fLus L INTERLOCAL AGREEMENT (Development Permit Services) THIS IS AN 1NTERLOCAL AGREEMENT PURSUANT TO CHAPTER 163, PART I, FLORIDA STATUTES, entered into on 3 - L 8 , 2002, among: 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 January 8 , 2002, 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 November 28 , 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: ARTICLE 1 PURPOSE 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. Developer. Keith and Ballbe Prospect, LLC, a Florida Limited liability company. D. Development Plan. The conceptual development plan described on Exhibit "B", attached hereto. ARTICLE III POWERS RESPONSIBILITIES 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. ARTICLE V AD VALOREM AND NON -AD VALOREM TAX ASSESSMENTS 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 MISCELLANEOUS 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 88`" 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: r Dr I -ea [Witness -print or type name] (CORPORATE SEAL) STATE OF FLORIDA: COUNTY OF BROWARD: KEIT LBE PROSPECT, LLC By - P 'RXr��e N ATTEST: AVI-7-1442 -- BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgments, personally appeared this 21 day of Move tom, 2001, 30t l TW" W A JMV 1Z(a-vt+ and e.k-erns .5oSc as 9A,WrNCV_ and PAP_-rNev,_ , 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) vvvvvvvvvvvvvvvvvwvvvTVV *I 4AAAAA WITNESSES: [Witness -print or type �mt l i � UCk [Witness -print or type name] (Corporate Seal) Notary Public, State o Florida (Signature of Notary taking Acknowledgment) ,bkpJAI A t SIUl R Je0tVA-1-J/ Name of Notary Typed, Printed or Stamped My Commission Expires: CC 96219S" Commission Number CITY OF FO LAUDERDALE By aydr ATTEST: i lerk I W \ WE STATE STATE OF FLORIDA: COUNTY OF BROWARD: TheAforegoing instrument was acknowledged before me this 3 _ f Z5 , 2002, 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. 4� 2 (SEAL) N Public, State of Florida (Signature of Notary taking Acknowledgment) OFFICIAL NOTARY S .AL LYNN R MORRIS /O ,P / S NOTARY PUBLIC STATE OF FLORIDA Nam of Notary Typed, COMMISSION NO. DDotai MY COMMISSION UP AUQ 12 Printed or Stamped My Commission Expires: w�A/ Commission Number - STATE OF FLORIDA: COUNTY OF BROWARD: The foregoing instrument was acknowledged before me this II I -tb- , 2002, 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) ( ) J(i fature blic, State of Florida of Notary taking OFFICIAL NOTARY SEAL WONNE BRACKETT BUCK NOTARY PUBLIC STATE OF FLORIDA COMMISSION NO. CC773355 MY COMMISSION EXP. SEPT 7,2002 Y'/orgy ne- 61zfiae Name of Notary Typed, Printed or Stamped My Commission Expires: ) e P � ' -7 335'S Commission Number WITNESSES: [Witness -print or type name] I o—, �C �n ec Atw' [Witness -print or type name] (Corporate Seal) STATE OF FLORIDA: COUNTY OF BROWARD: CITY OF TAMARAC By Mayor By �IV1ity Manager ATTEST: The foregoing instrument was acknowledged before me this NCyfwbe 2� , 2001, by JOE Stjt'D,3E-C' , Mayor of the CITY OF TAMARAC, a municipal corporation of Florida. He is personally known to me and did not take an oath. (SEAL) prvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvm ► ��� BIT COMMISSION '... ► . ► ►BONDED , jt-,,,,: L:\AGMTS\DEVELOPR\2001\OAKTREE.WPD Notary Public, State of Florida (Signature of Notary taking Acknowledgment) �,r' Ni- LEStiiA Koulsr�,i Name of Notary Typed, Printed or Stamped My Commission Expires: S'-20 04 Commission Number CC Jul-11-00 -10:40A t-[JL & Ba I I be' 2 P-'O EXHIBIT "All TEMP RESO #9473 DESCIMPTION All that IMI- ctf'Lol 2. (J()LFVJF%V PLA2,A,'. as rccord-ed'Isi I'l-W BUOi-, i -'I at P!LUC Of tht: I'Lt"D11c Rel-co-rdl-, of'Broward County: I'lorida, described a.-.. lo[kows: Commence at tilt: Northwest curner of said I...Cit 2. thence SoUth 3-l'; I , iO- 4Yest aivng (lie West. litie-of. Lot '.. 150.65 Feet-tv the --Nil)t .kff. Begiltilim, of the lands I t�.nce'ci)ntinucS(.)uth"4151"50-":-W." L� herem clu-scri-bed: I -T 8 .90 rect: thellce.svutheas-Ierlv -lio1w t f 'S'aid-Lot 2, beinu the ire .a the soil. h -Rne 0' a 'CLKQ' 10 flit left. 1-immi! a. PtidiUS (.-,f* 1038.38* feat-wcentral angle of' 1 2'56'56.'.- o1'24,.;1,.()7 rett; thenu,t: 12'01 16" East. 172'...03 f,Uet. thenct: S0tjt6*-98**,Y1 Point of Comainiiw, 27A-,-)O square-TeCt, and aiso- All (hat part ofl,ot .2, GOL17VIE-W PLAZ;N. ill: 1 at' Pagv Or,lj-,* PUblic. Rtedj-& of Broward*-Countv, F16rida;,described as Begirming at'tlie.,Nqrthw-'esi w.mer of -'said- Lot*2,z thence. South. 3*4151'5U-,)A,'est. along dic West. line of said Lot Z. 15-0-:65. fj:eL; -thclicc Nuith'.88o'-7 1'22-" East.. 2 0'..47 ;bet: thence North 12'01 '16" 'East, 57.91.'f�-ct: 'Ehemce Nokhwestei-lv alo.w'g, (lie North thic. of Id Lot 2, tocing dic arc -ofa circular eu'rvc tit the right. hav, ill I g a radius Of 90 1.04 1`ce1. fi .:Clllra I " 1w I - ol", 2 "'!Q'27 ". 1.1ji w-c. distance ol'152.26 111t;ut LU dIC POIlt( Of* U�Cmnn.Jing. Containing 16,913 square tee(. J Jul.-11-00 10:40A Keith & Ballbe', Inc. 9F^4899802 P.06 Mom : ROLAHODGES & cam_, PHONE NO. : 9S4 563 0588 Oct. 06 1999 04:49PM P2 ND BOUNDARY S UR VE Y Ram h / �•t. 7 t . n F T,�q.z A-c. All that past of Lot 2, COLQP" FLA4.% as "Carded in flat noox in, rage �, of the PUDIie xacosda of erouard county. llorida, doacribod follow: CatmsnGe at the Northw 3t earner of said Lot 21 tbanCe 334'52'50-W alongthe Most line o2 said Lot 2, 150.65 feet to the POINT Or BZQZ>MZK of the lands herain de:Crlbed; thsnaa continue S34'51'Sonw, 49.90 feet; thence South- sasterly_along the South line of said tot 2, being the arc of a circular curve to the left !laving a radius of l044.34 feat, a central sn41a of 12z56.56•, an aza distance of 243.97 teat. thence B12001'16'E, 172.03 feet; then* S880211220r, 213.47 fast to the POINT Or B=IN XW--. coatai Lng 27,420 squaae feet. LOCATION LEAP wel To SCA" IN1 aw�oics ro,o w we M w r+ x%+w aw rs ru .rr .nas.r L ww....t•wt ..[ \� us N .r �L 111. F�P�•Im�. � � -/- MwR/�fww� .a am-e+ 0.9m we r.�r aa..a� •4...rra M �l FLva• 04 AO or N.a fuwe.Ms wAr..n w e.rst �+sas► , . wr. � ATrr�ww�� Rp«sw t1MpKx7 s� �, = OR*K„r .OR se /moon �A iol+ai A" 407 am oft st4Ctd rr .oa+ A7 W m Yupp�riirtpil`C11o,1 p IiQISf •fly ta0.+mort�t! 1wOMd. f`� >K YrOWbrm DA VIS A SSO CIA TES, INC. ° ,,w` 0x � aa.r ti.;..,.,.lr'i .t a'�.+ ice wa tot !.0 �STM TCMAtt - suRt waA - Of111N w ewoK 0%lj r+.+.: (9M) 4o8-*o*s he "pwi- m f71F /, CaMPOSIM EMIT A . Ju.1-11-00 10:41A Keith & Ballbe', Inc. 9!^-4899802 P.07 `-fWW : ROLPM HODGES & SQ PHONE NO. : 954 563 0586 Oct. 06 1999 04:50PM P3 B O UNI ►c Fax NO 7671 h � ,...... 0 jK PAX t __V.2— n... LOCAMON MAP NOT TO SCAtr G. 17 I o 4 V I - L A, r>E-•y / SNlibiyVVS N01CSt I. Cwgm Ant Aw A•. .M..1.Kff .�.I,Iw,t .Nn•. i J/.�t�y� �. 1 .4A� M• MSMAAw /Y1 fYNYwI w i T.1 F�..C. HKK .1.[ WtlAAY we---k •.M,. l .V Be. 1«lM « AW11A tM7-11.YlA ArW1..lA11K YiG / 1 r„ f.rt•t� K ttlt �norpllt *Vl VwM.M. O « AOCC�1WCi wM �<.cawr.n..lv..lsucu.r a,u.l • r w rdo..sA %41 t Kt «I .VO Il.aa7 044—m f• iM1/t'Rt /4VY{I MNRV. 1.4 t-.—CV* '• 1.111AW t R[N�1.{ tA.M M.tQr1 n.0 "*to tl M,KIL. r 1/7. knit tIt/RllitS( IRt11a ��/� Off► 1, tt..OtYwt � tM1N e M,.erA1•a uM.f7.IIMft YAr Mo.L3.� A.tit 1r Ytww w�. TiTf rt wa 9 .+..wue. worlds Ir a82CA211'd0i: All that part of Lot 2, Ga2.1vzm PLR23,, as recorded in Plat Book 121, Page 3, at the In,hi c Meares of broward Cocaity, Tlorida, described as follow : W=,i 7f1]IC at the northwest corner of said Lot 2: thane s34'S1*30-W, alongg the beet lime of star! Lot 2, 160.66 feetithence W0412112209, 213.41feets thane* W12.01116"S, 51.93 lNtj these* fiotthstast*rly along the north line of said Lot 1, being the arc of a circular curve to the right. having a radius oe 901.64 feet, a central &ngle of 23'191270, an arc distance of 1S2.26 toot to the tOTM OF BEGIMMiG. Containing 26,923 square foot. .%Am" 06.0 Of SAM DWR t,."$ 0%0m A.1f 10 ~10 9".061, /I■•�•■L1on/1rooc ..o" �.ticUr-C .A�/Ts".m+�Rt.0�+arr...Kc lSotl•.Mor '=WWtteft='wS.LUAVVA. t-cubT- tVrMw+c W1601f9ma Af00tA-*mC �A � ntweA, SCKE //'irdG M VIS A SSO CIA TES, INC. OR/111N1 OY is I000 m Q-0;% ca so b 4m"W SV m ,WW ftmm' � Cto.l�tete'fLltttts JC�B Ka oral s.c. 1sT►1 TEMACc _ Sum 103A - ot3Ltio KAVII. tL rs.n fAIPO. .l-.m (soy Ns -pa, for-(ss.). "722 Fk E -1i� ts111 a111..«F ii.n'.►•AMM, t..... • •Iw_ ,t�w+{w/n�tV. •w- • .�. r.1.�► •./. /r' ��'t7~ 7�A.r. t t.l'iCo S= C.�1L1.LBI A June 26, 2001 - Temp Reso #9435 1 Revision No. 1 — August 9, 2001 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2001-352 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, ISSUING REVISED DEVELOPMENT ORDER NO. 003.2 AND GRANTING NEW DEVELOPMENT SITE PLAN APPROVAL TO OAK TREE EXECUTIVE BUILDING TO ALLOW THE CONSTRUCTION OF A 10,388 SQUARE FOOT OFFICE BUILDING WITH ASSOCIATED PARKING, LANDSCAPING AND INFRASTRUCTURE IMPROVEMENTS, INCLUDING A PARKING WAIVER TO ALLOW THE REDUCTION IN PARKING STALL WIDTH OF FIFTY (50) PARKING SPACES FROM TEN (10') FEET TO NINE (9') FEET; LOCATED AT THE 2200 BLOCK OF PROSPECT ROAD; SPECIFICALLY A PORTION OF LOT 2 OF THE "GOLFVIEW PLAZA" PLAT, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 121, PAGE 3 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA; CASE NO. 38- SP-00; PROVIDING FOR CONDITIONS OF APPROVAL; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Keith & Ballbe, Inc./Joe Keith ("Applicant") has requested approval of a New Development Site Plan to allow the construction of a 10,388 square foot office building with associated parking, landscaping and infrastructure improvements, including a Parking Waiver to allow the reduction in parking stall width of fifty (50) parking spaces from ten (10') feet to nine (9') feet, to be located at the 2200 Block of Prospect Road; and 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 Exhibit "B" June 26, 2001 - Temp Reso #9435 2 Revision No. 1 — August 9, 2001 development order and site plan approval by the applicant for development approval; and WHEREAS, the City Commission has examined the application, the staff and Planning Board recommendations, and the Development Review Status Sheet dated June 26, 2001 (attached hereto as Exhibit "I"); and WHEREAS, the Development Review Committee recommended approval on April 20, 2001; and WHEREAS, the Planning Board recommended approval on June 26, 2001; 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. 003.2 and grant New Development Site Plan approval to Oak Tree Executive Building to allow the construction of a 10,388 square foot office building with associated parking, landscaping and infrastructure improvements, including a Parking Waiver to allow the reduction in parking stall width of fifty (50) parking spaces from ten (10') feet to nine (9') feet, located at the 2200 block of Prospect Road; specifically a portion of Lot 2 , of the "Golfview Plaza" Plat, according to the Plat thereof as recorded in Plat Book 1 1 June 26, 2001 - Temp Reso #9435 3 Revision No. 1 — August 9, 2001 121, Page 3 of the Public Records of Broward County, Florida; Case No. 38-SP-00. 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. 003.2 and granting of New Development Site Plan approval to Oak Tree Executive Building to allow the construction of a 10,388 square foot office building with associated parking, landscaping and infrastructure improvements, including a Parking Waiver to allow the reduction in parking stall width of fifty (50) parking spaces from ten (10') feet to nine (9') feet, located at the 2200 block of Prospect Road; specifically a portion of Lot 2 of the "Golfview Plaza" Plat, according to the Plat thereof as recorded in Plat Book 121, Page 3 of the Public Records of Broward County, Florida; Case No. 38-SP-00; is HEREBY APPROVED. SECTION 3: Revised Development Order No. 003.2 and the New Development Site Plan issued and granted herein are subject to the following conditions: June 26, 2001 - Temp Reso #9435 4 Revision No. 1 — August 9, 2001 A. 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. B. 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. C. The development order is assignable, but an assignment does not discharge any assignee from strict compliance with the order unless the City Commission r consents to modify any of the original requirements. SECTION 4: All resolutions or parts of resolutions in',conflict herewith are hereby repealed to the extent of such conflict. 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. 1 1 1 SECTION 6: passage and adoption. June 26, 2001 - Temp Reso #9435 5 Revision No. 1 — August 9, 2001 This Resolution shall become effective immediately upon its PASSED, ADOPTED, AND APPROVED this 281h day of November, 2001. JO'E SCHREIBER MAYOR ATTEST: MARION-SWENSON, CMC CITY CLERK I HEREBY CERTIFY that I nSproved this �UTION as to form. ITCHELL CITY ATTO commdev\pats\userdata\wpdata\res\9435reso RECORD OF COMMISSION VOTE: MAYOR SCHREIBER Ayel DIST 1: COMM. PORTNER d4 & DIST 2: COMM. MISHKIN A-M DIST 3: VIM SULTANOF Aye, DIST 4: COMM. ROBERTS Ayev EXHIBIT "1" TEMP RESO #9435 CITY OF TAMARAC 7525 NORTHWEST 88 AVENUE TAMARAC, FLORIDA 33321 TELEPHONE (954) 724-1292 DEVELOPMENT REVIEW STATUS SHEET Date: June 26, 2001 Orig. Dev. Order: 003 Revised Dev. Order: 003.2 Project: Oak Tree Executive Building Master File: 32-80 Location: 2200 Block of Prospect Road Developer: Keith & Ballbe', Inc. Owner: Keith & Ballbe' Prospect, LLC Zoning: LI-1 —Tamarac Airport Industrial Park (AIP) — Fort Lauderdale Future Land Use Designation: Commercial Acres: 1.02 Recommended Date for Commission Action: July 11, 2001 1. DEVELOPMENT ORDER FOR: NEW DEVELOPMENT SITE PLAN APPROVAL Comments: Subject to Findings. 2. PLANNING BOARD RECOMMENDATION: APPROVAL Date of Action: June 26, 2001 Planning Board findings of compliance with certified Plan: Yes 3. FINAL ENGINEERING DRAWINGS: Dated Received: On File in the City Engineer's Office. 4. LANDSCAPE PLAN: June 15, 2001 5. BROWARD COUNTY DEVELOPMENT REVIEW COMMITTEE REPORT: N/A 1 EXHIBIT 66 1" TEMP RESO #9435 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 Fee Amount: To be determined at Final Site Plan Approval Developer Agreement addressing development regulations (Interlocal Agreement between Fort Lauderdale, Keith & Ballbe', Inc. and the City of Tamarac) 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 In J Local Parks/Recreation Public Works Engineering Fees Utility Engineering Fees Bonds (Utilities, Public Works) Fee Amount: To be determined Fee Amount: To be determined Fee Amount: To be determined 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 Fee Amount: N/A 4 I EXHIBIT "1" TEMP RESO #9435 I K. Local Traffic Impact Fees: Fee Amount: $1,755.57 7. DEVELOPMENT REVIEW REQUIREMENTS 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: To be determined by Broward County School Board 8. PROCESSING FEES (PAID) Site Plan $2,250.00 u:\pats\userdata\wpdata\forms\9435drss K 9 OAK TREE EXECUTIVE BUILDING CASE NO. 38,,*SP-00 -TEMP RESO #8435 ........ .. City of Fort Laudeldale SITE! -T- R-1 C _:1 - -� oad City of Oakla Park 500 0 500 Feet CITY COMMISSION City of Tamarac July 11, 2001 ------- J. 0-fidojotw Ng 75Z N.W. 88th Ave.. Tamarac Florida 3=1-2401 Dre= Tel 1292 New Development Site Plan 0- ityDevelom-1 F