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
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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.
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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
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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:
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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
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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:
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[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)
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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:
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Commission Number
CITY OF FO LAUDERDALE
By
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ATTEST:
i lerk
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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:
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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 � '
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Commission Number
WITNESSES:
[Witness -print or type name]
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[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)
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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(.
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BOUNDARY S UR VE Y
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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
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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,
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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
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9
OAK TREE EXECUTIVE BUILDING
CASE NO. 38,,*SP-00 -TEMP RESO #8435
........ ..
City of Fort Laudeldale
SITE!
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R-1 C
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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