HomeMy WebLinkAboutCity of Tamarac Resolution R-98-1071
April 8, 1998 - Temp. Reso. #8185 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-98- /e) 7
A RESOLUTION OF THE CITY COMMISSION
OF THE CITY OF TAMARAC, FLORIDA,
APPROVING A TRI-PARTY AGREEMENT
BETWEEN BROWARD COUNTY AND THE CITY
OF TAMARAC AND MCNAB JOINT VENTURE
FOR THE TRANSFER OF 1,381 COMMITTED
TRIPS RELATING TO THE "UNIVERSITY AND
MCNAB PLAT" AND THE "MCNAB
MARKETPLACE PLAT"; LOCATED ON THE
NORTH SIDE OF MCNAB ROAD, 700 FEET
(700') WEST OF UNIVERSITY DRIVE; CASE
NO.1-P-98; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the "University and McNab Plat" (attached hereto as Exhibit "A") has
been submitted by the applicant and approved by the City Commission of the City of
Tamarac on June 11, 1986 (R-86-222); and
WHEREAS, the "University and McNab Plat" (attached hereto as Exhibit "A") has
been submitted and approved by the Board of County Commissioners of Broward County
on June 17, 1986; and
WHEREAS, the "McNab Marketplace Plat" (attached hereto as Exhibit "B") has
been submitted by the applicant and approved by the City Commission of the City of
Tamarac on September 24, 1997; and
WHEREAS, the "McNab Marketplace Plat" (attached hereto as Exhibit "B") has
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April 8, 1998 - Temp. Reso. #8185 3
"McNab Marketplace Plat"; located on the north side of McNab Road, 700 feet (700') west
of University Drive; Case No. 1-P-98.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA:
SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and
confirmed as being true and correct and are hereby made a specific part of this Resolution.
SECTION 2: That upon recommendation of the Director of Community
Development, the Tri-Party Agreement between Broward County and the City of Tamarac
and McNab Joint Venture for the transfer of 1,381 committed trips (attached hereto as
Attachment "I"), is HEREBY APPROVED.
SECTION 3: That the appropriate City Officials are hereby authorized and
instructed to execute said Tri-Party Agreement.
SECTION 4: That the City Clerk is hereby authorized to record said
document in the Public Records of Broward County, Florida.
SECTION 5: All resolutions or parts of resolutions in conflict herewith are
hereby repealed to the extent of such conflict.
SECTION 6: If any clause, section, other part or application of this
Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid,
in part or application, it shall not affect the validity of the remaining portions or applications
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April 8, 1998 - Temp. Reso. #8185 2
been submitted by the applicant for approval by the Board of County Commissioners of
Broward County; and
WHEREAS, the "University and McNab Plat" and the "McNab Marketplace Plat"
were approved subject to certain conditions to ensure the protection of the public health
and safety, and one (1) of the conditions imposed at the time of Replat and Plat approval
was the construction of certain improvements; and
WHEREAS, the parties desire to enter into this Agreement to provide for the
transfer of 1,381 committed trips relating to the "University and McNab Plat" and the
"McNab Marketplace Plat"; located on the north side of McNab Road, 700 feet (700') west
of University Drive; Case No. 1-P-98; as described in Attachment 1 ("Agreement Among
Broward County and City of Tamarac and McNab Joint Venture); and
WHEREAS, the Director of Community Development has reviewed the Agreement
and recommends approval; and
WHEREAS, the City Commission reviewed the Agreement at a public meeting; and
WHEREAS, both Broward County and the City of Tamarac must approve this
Agreement prior to the committed trips being transferred; and
WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in
the best interests of the citizens and residents of the City of Tamarac to approve a Tri-Party
Agreement between Broward County and the City of Tamarac and McNab Joint Venture
for the transfer of 1,381 committed trips relating to the "University and McNab Plat" and the
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April 8, 1998 - Temp. Reso. #8185 4
of this Resolution.
SECTION 7: This Resolution shall become effective immediately upon its
passage and adoption.
PASSED, ADOPTED AND APPROVED this a,a day of , 1998.
JOE SCHREIBER
MAYOR
ATTEST:
CAROL GOA, CMC/AAE
CITY ERK
I HEREBY CERTIFY that I
have approved this
RESO UTION as to form. ;
MITC ELL SOKRAF,�
CITY ATTORNEY
commdev\u:\pats\userdata\wpdata\res\8185reso
RECORD OF COMMISS
MAYOR SCHREIBER
DIST 1:
COMM. MCKAYE
DIST 2:
V/M MISHKIN 10
DIST 3:
COMM. SULTANOF
DIST 4: COMM. ROBERTS
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AGREEMENT
Among
BROWARD COUNTY
and
CITY OF
and
McNAB JOINT VENTURE
§014
This is an Agreement among BROWARD COUNTY, a political
subdivision of the State of Florida, its successors and assigns,
hereinafter referred to as "COUNTY;"
AND
City of Tamarac a municipal corporation of
the State of Florida, its successors and assigns, hereinafter
referred to as "CITY;" AND
McNab Joint Venture its successors and
assigns, hereinafter referred to as "DONO ��
and "RECEIVER" as applicable
MUL
XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXxXi�g$X$lxdzgTggg�};xxaxgX
���tYX�cdX�X�X'X
WHEREAS, RECEIVER is the owner of certain real property
located in the City of Tamarac Broward County,
Florida (hereinafter referred to as the "Receiving Parcel") and is
described in Exhibit "A," attached hereto and incorporated herein;
and
WHEREAS, RECEIVER has previously either:
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TEMP RESO #8185 ATTACHMENT "1"
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( ) received COUNTY approval to develop the Receiving Parcel
as follows:
; or
(� it has been determined that the Receiving Parcel has no
vested rights with respect to traffic concurrency
- satisfaction; and
WHEREAS, RECEIVER has applied to the COUNTY for the following
approval(s) to permit development of the Receiving Parcel:
8,400 square feet of commercial use
- and
WHEREAS, said proposed development level will result in an
additional traffic impact of 1,381 trips per day, pursuant to
COUNTY's TRIPS model; and
WHEREAS, Chapter 5, Article IX, Broward County Code of
Ordinances, requires -that the Regional Transportation Network be
adequate to serve the reasonably projected needs of proposed
development; and
WHEREAS, DONOR is the 'fee simple owner of the
University and McNab Plat, ( 65-MP-85 ), (hereinafter
referred to as the "Donor Parcel"), which was approved by the
County Commission on June 17 01 19 86 , and
which is more particularly described in Exhibit "B," attached
hereto and incorporated herein; and
WHEREAS, the Donor Parcel is contiguous to the Receiving
Parcel; and
WHEREAS, the Donor Parcel has been approved by the COUNTY and
is restricted to the following uses:
75,000 square feet commercial uses
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;and
IM
WHEREAS, the County Commission approved an amendment to the
note on the face of the UnivQrsity and McNdbPlat which reduced the
trips committed to the Donor Parcel from 7,R65 to
4g4__ a reduction of —1,��� committed trips; and
WHEREAS, the COUNTY Commission approved a delegation request
to increase the development permitted on the Receiving Parcel by
the number of trips reduced from the Donor Parcel; and
WHEREAS, pursuant to Section 5--182(a)(4)(b) of the Broward
County Code of Ordinances, DONOR and RECEIVER seek to transfer the
committed trips reduced from the Donor Parcel to the Receiving
Parcel; and
WHEREAS, COUNTY has no objection to said transfer of committed
trips and the County Commission approved such a transfer at its
meeting of , 19 ; NOW, THEREFORE,
IN CONSIDERATION of the mutual terms, conditions, promises,
covenants and payments hereinafter set forth, COUNTY, CITY, DONOR
and RECEIVER agree as follows:
1. The above recitals and representations are true and
correct.
2. DONOR agrees to transfer to the Receiving Parcel and the
RECEIVER agrees to accept 1.381 trips per day,
corresponding to the following designated uses:
8 400 s uare feet of commercial use
3. RECEIVER agrees that if a building permit for a principal
building is not issued on the Receiving Parcel within.
three (3) years of the date the Board of County
Commissioners approved the transfer of committed trips,
the COUNTY's finding of adequacy of the regional road
network relative to the donated trips shall expire and no
building permits shall thereafter be issued for a
principal building on the Receiving Parcel.
4. CITY agrees that in the event that the COUNTY's finding
of adequacy of the regional road network expires, CITY
shall not issue any building permits for the donated
trips until the Board of County Commissioners makes a
finding that the application satisfies the adequacy
requirements of the regional road network.
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i
5. RECEIVER agrees that he/she shall not be entitled to
transfer any trips from the Receiving Parcel.
5. DONOR shall not be entitled to apply for an amendment to
the note on the face of the Donor Parcel's plat to
increase the number of trips allocated to the Donor
Parcel for a period of three (3) years from the date the
Board of County Commissioners approved the transfer of
committed trips.
7. DONOR and RECEIVER agree to execute any and all other
instruments or documents as may be required to effectuate
the requirements of Chapter 5, Article IX, Broward County
Code of Ordinances, and this Agreement.
8. COUNTY and CITY find that execution of and adherence to
this Agreement on the part of RECEIVER satisfies the
requirement of Chapter 5, Article IX, Broward County Code
of Ordinances, that plats of land shall be designed to
provide for the adequacy of the regional road network, at
the adopted levels of service, concurrent with the impact
of the development.
9. NOTICE: Whenever any of the parties desires to give
notice to the other, such notice must be in writing, sent
by U.S. Mail, postage prepaid, addressed to the party for
whom it is intended at the place last specified; the
place for giving of notice shall remain such until it is
changed by written notice in compliance with the
provisions of this paragraph. For the present, the
parties designate the following as the respective places
for giving notice:
For the COUNTY:
Director of the Broward County
115 South Andrews Avenue, Room
Fort Lauderdale, Florida 33301
For the CITY:
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329
Z=
4
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For the DONOR
.and RECEIVER
McNab- JQiri --Venture
Antonio"""'O. Fraga, President
P.O. Box 145157 Coral Gables, F1. 33114
For the RECEIVER:
10. This Agreement shall be recorded in the Official Records
of Broward County, Florida, against the property
described in Exhibits "A" and "B" to put subsequent
purchasers, grantees, heirs, successors and assigns of
any interest in such property on notice of the
obligations set forth herein, which shall run with the
property. -
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46
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IN WITNESS WHEREOF, the parties have made and executed this
Agreement an the respective dates under each signature: BROWARD
COUNTY through its BOARD OF COUNTY COMMISSIONERS, signing by and
through its Chair, authorized to execute same by Board action on
the day of 1 19 1 and
City of Tamarac signing by and through its
Mayor and City Manager_, authorized to execute same by
commission/ �a action on the 22 day of
April 1998 and ,
signing by and through_ its duly
authorized to execute same, and ,
signing by and through its duly
authorized to execute same.
ATTEST:
County Administrator and Ex-
Officio Clerk of the Board
of County Commissioners
of Broward County, Florida
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COUNTY
BROWARD COUNTY, through its
BOARD OF COUNTY COMMISSIONERS
By
Chair
day of
19
Approved as to form by
Office. of County Attorney
Broward County, Florida
JOHN J. COPELAN, JR., County Attorney
Governmental Center, Suite 423
115 South Andrews Avenue
Fort Lauderdale, Florida 33301
Telephone: (305) 357-7600
Telecopier: (305) 357-7641
By
Assistant County Attorney
AGREEMENT AMONG BROWARD COUNTY, CITY OF TAMARAC ,
McNAB JOINT VENTURE ANaxxxxXXXXXXXXXXXXXXXXXXX�XL-UxxxXXXXKg£XX
TRANSFER OF COMMITTED TRIPS
WITNESSES:
TTEST:
n
a A
City Manager
Robert S. Noe, Jr.
• (CORPORATE SEAL)
CAF#257
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CITY OF TAMARAC -
B
Y
.Joe Schreiber, Mayor
22 day of Aril 1998 .
By
_&Zw�e'y/
City Clerk
Carol Gold, CMC/AAE
22 day of April , 1998
r
APPPR V D AS jTOFORM:
By
V ' City
Mitchell S. Kraft
- 7 --
ey
AGREEMENT AMONG BROWARD COUNTY, CITY OF TAMARAC ,
• McNAB JOINT VENTURE AND XXXXXXXXXXXXXXXXXXXXXXXXXXX,XXXXW
TRANSFER OF COMMITTED TRIPS
•
WITNESSES:
ATTEST:
By
Secretary
(CORPORATE SEAL
ACKNOWLEDGEMENT - INDIVIDUAL
STATE OF )
SS
COUNTY OF )
DONOR and RECEIVER
McNab Joint Venture, a Florida general
partnership. By: Fraga Limited VII, a Flori
limited partnership as its general partner.
By: Fraga Family Corp., a Florida corporati
as its general p rt r
By
Antonio O. FragA4 President
day of
The foregoing instrument was acknowledged before me this
day of , 19 , by who is
personally known to me or who has produced as
identification and who did/did not take an oath.
(Seal)
My commission expires:
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- 8 -
NOTARY PUBLIC:
Print name:
Commission No.
A
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AGREEMENT AMONG BROWARD COUNTY,
AND
TRANSFER OF COMMITTED TRIPS
CORPORATE ARTNE SHIP
STATE OF
SS
COUNTY OF )
CITY OF
C
[mez
The orego' g instrument was cknowledg d beore me this
-by G as
* of -
corporation/partnership, n behalf of the corporation/ partnership.
He or she is personally known to me or has produced
as identification and did/did not take an oath.
* Fraga Family Corp., Sole General Partner
NOTARY PUBLIC:
(Seal)
My commission expires: Print ame: =; r ':�M�
PIRA
Commission Nv, au,sc �iz,zooi
�y . INC.
CAF#257
10/10/94 - 9
AND
TRANSFER OF COMMITTED TRIPS
ACKNOWLEDGEMENT - INDIVIDUAL
STATE OF )
SS
COUNTY OF )
The foregoing instrument was acknowledged be
- _ day of , 19 , by
personally known to me or who has produce _
identification and who did/did not take an th
NOTARY UBLIC:
(Seal)
/FOR
ore me this
who is
as
P int name:
-
-
ommission No.
My commission expires:
CORPORATE/PARTNERSHIP
STATE OF )
COUNTY OF )
The foregoing nstrument
was
acknowledged before me this
day .of
19
, by , as
f
a
corporation/pa nership, on behalf
of the corporation/ partnership.
He or she is ersonally known
to me or has produced
as i.dentific tion and did/did
not
take an oath.
NOTARY PUBLIC:
($eal)
My c mmission expires:
Print name:
Commission No.
CAF 257
10/10/94
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0 EXHIBIT "A"
LEGAL DESCRIPTION
LYING IN SECTION 4, TOWNSHIP 49 SOUTH, RANGE 41 SOUTH,
ACCORDING TO THE PLAT OF FORT LAUDERDALE TRUCK
FARMS, AS RECORDED IN PLAT BOOK 4, PAGE 31, OF THE PUBLIC
RECORDS OF BROWARD COUNTY, FLORIDA, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHEAST CORNER OF SAID SECTION 4;
THENCE NORTH 00012' 16" WEST, ALONG THE EAST LINE
THEREOF, 53.01 FEET;
THENCE NORTH 89001'50" WEST, PARALLEL WITH AND 53 FEET
NORTH OF, AS MEASURED AT RIGHT ANGLES TO, THE SOUTH
LINE OF SAID SECTION 4,720.01 FEET TO THE POINT OF
BEGINNING OF THIS DESCRIPTION;
THENCE CONTINUE NORTH 89001'50" WEST, 200.00 FEET;
THENCE NORTH 00058'10" EAST, 300.00 FEET;
THENCE SOUTH 89001'50" EAST, 193.86 FEET;
THENCE SOUTH 00012' 16" EAST, 300.00 FEET TO THE POINT OF
BEGINNING.
SAID LANDS SITUATE, LYING AND BEING IN THE CITY OF
TAMARAC, BROWARD COUNTY, FLORIDA.
C�
PARCEL "A" UNIVERSITY AND MCNAB PLAT, ACCORDING TO
THE PLAT THEREOF AS RECORDED IN PLAT BOOK 135 PAGE 8 OF
THE PLUBIC RECORDS OF BROWARD COUNTY, FLORIDA
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