HomeMy WebLinkAboutCity of Tamarac Resolution R-98-371Temp. Reso. #8484
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December 11, 1998
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-98 -,3 7/
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA, AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO REFUND
TRAFFIC SIGNALIZATION IMPACT FEES PAID TO
THE CITY BY MCNAB ASSOCIATES LTD. IN THE
TOTAL AMOUNT OF $40,000.00; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Resolution 85-414 adopted an agreement with McNab
Associates, Ltd. accepting payment of traffic signalization fees in the amount of
$40,000.00; and
WHEREAS, based on Ordinance 98-6 and discussion at the City
Commission workshop of October 27, 1998, all developers are eligible for traffic
signalization fees refunds as long as they do not have an actual written
agreement to the contrary, including those without an agreement; and
WHEREAS, McNab Associates Ltd. has requested the refund of their
traffic signalization fees in the amount of $40,000.00, and there is no written
agreement to the contrary (See Attachment Exhibit 1); and
WHEREAS, the City Manager and Director of Finance recommend the
refund of the traffic signalization fees in the amount of $40,000.00; and
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Temp. Reso. #8484
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December 11, 1998
WHEREAS, the City Commission of the City of Tamarac, Florida, deems it
to be in the best interest of the citizens and residents of the City of Tamarac to
authorize the appropriate City Officials to refund the traffic signalization fees.
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 is hereby made a specific
part of this Resolution.
SECTION 2: The appropriate City Officials are hereby authorized
to refund traffic signalization impact fees paid to the City by McNab Associates,
Ltd., in the total amount of $40,000.00.
SECTION 3: All resolutions or parts of resolutions in conflict
herewith are hereby repealed to the extent of such conflict.
SECTION 4: If any clause, section, other part or application of this
Resolution is held by any court of competent jurisdiction to be unconstitutional or
invalid, in part or application, it shall not affect the validity of the remaining
portions or applications of this Resolution.
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Temp. Reso. #8484
Page 3
December 11, 1998
SECTION 5: This Resolution shall become effective immediately
upon its passage and adoption.
PASSED, ADOPTED AND APPROVED this c�224q"day of �998.
ATTEST:
CAROL GOLD, P
PC/AAE
I HERBY CERTIFY that I have
Appr ed this RESOLYTION as to�form.
RECORD OF COMMI;
MAYOR
SCHREIBER
DIST 1:
CO'V'W- MW' YE
UST 2:
V/M sN111SHKIN
DIST 3:
COMM. . SULTANO
DIST 4:
COhilki. ROBERTS
��NBIT I
: T RESO. #848,
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mart NO. R-e5-
A
' n -_ OF *DER FORS
9CHPM WEST Do. 174 Ala? PFMM=-
AN EFFECTIVE DATE.
"MRtAs, Pursuant to the instructions of the City Council of the City of
Tamarac, Florida, a public meeting has been advertised in accordance with applicably
law of the date, time and place of the meeting regarding the review of the applica-
tiOn•for a development order by the applicant for development approval; and
WHEREAS, the City Council has examined and investigated the application,
staff and Planning Commission re=mvx-lotions, and the attached Development Review
Status Sheet dated .11 / 2 2 / 8 5 ; and
SFAS, the City Council reviewed the development order and accompanying
documents at a public meeting; and
SAS, the City Council has deterrdned that the application is in co::r
plianee with all elements of its Caq=ehensive Plan, or will be in compliance prior
to the issuance of a Certificate of Occupancy for any unit on the development that
is the subject of the application.
:IOW, n ERETURE, BE IT RESOLVED BY T11E Coar—IL DF THE CITY OF TAiWAC,
2 S=ICN 1: That the development described on the attached development revieH
3 status sheet dated 1-1/ 22/85Ls granted a development order to proceed subject to
4 the following conditions:
5 A. Construction is to be in connlete cc pliance with the plans and spec-
6 ifications suhnitted by the developer to the City of Tamarac as described in
7 Section II of the Developnent Review Status Sheet and approved engineering drawings.
9 B. Commencement of construction shall be no longer than one year from the
9 date of this approval. If the development does not commence construc-Lion within
0 one year, this approval is null and void unless an extension has been granted in
accordance with applicable regulations.
C. 7Te development order is assignable, but an assignment does not
3 discharge any assignee from strict compliance with the order unless the City Council
4 consents to rcdify any of the original requirements.
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•Kaki*1L�'���4:w,:•,,Y
t�� DrtR 'Oesed per.We sorder'
�eri'''•'
'Project TAMARAC SQUARE WEST FINAL SITE PLAN Plaster File N 15-85
LSCAtion Northwest corner NW_88.Ave and McNab� Rd-
Developer NAB A IAT S
Owner MC NA5 A 5 AT
Zoning R-3 Acres ZO acres Reco-nended Lv to for Council Acti0nl11?7/gam
Future Land Ust Designation— Proposed U'se — Shopping wntar
DEVELOPFIIN'T ORDER FOR:
Final Site Man Y Final Fist — -- Revised Site Plan
I. STAFF APPnDVAL DATES: Final site Plan Final Pist.....,.Revised Site Plat
City Planner
City Cnnineer
Chief EVI ding Official
Fire =;.itf
Finance Director
)). PLcTONI; [0•!!1SS104 DNS:
APPROVAL or APPROVAL i:)TH COIDITIONS/Date 10/16/85DE`'lA1lDa:e
Final Site Plan dated Rev tt�t9(A5�•`
Final Plat dated Rev
Revised Site Plan dated ._ Rev
Planning Com.ission finding of compliance with Certified Plan:
See Page 4 of this report,
111. TINtt EH5lt1FFR1N3 DRa:'1N�5:
APPROVAL/Date kTIPAOVAL AS REDLIRED/Date 11/ 1:'85 DE"711116,1e:e
Conn+ents
B
cont'd
J , 1 pwianpoizal
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Vill. PAXESSIN: FEES (PAID):
Site Plan Review: _
Revised Site Plan: S
Plat Review: S
Scha*+tic Ent.: S
other: _
;TAFF MMI TS:
'rop:sed development is/is " t 1n general tanforv:ance with Tarrarac's land
Ise Plan E143-ent and momends:
AdoFtion of Aeveloprnent Order r 174 Nster File 1, ;P' - For:
rolect subject to the tequiraMMS included in the Report and tAe tollo.inp
onditions: .'
Staff recommends approval, subject to the following:
I. Council to approve landscape plan
2-._Council to permit-wa.iyer to platting for 25.70E acres
/ kncil to acd-ept S4o 000 cash bond for traffic-ttgffF `r
L 4 Counc to approve the fo lowing:
Water Retention Agreement
Water and Sewer Developers Agreement
Declaration of covenants - cross parking easement
Blanket ingress d egress easement
Grant of Easement for canal maintenance, sidewalks and drainage
purposes and agreement to grant easements for utility purposes
Acknowledgement of warranty deed for right-of-way to BrowardCounty
Acknowledgement of, easement. for right-of-way to Broward County -
h w,r•,rrr•.
Therefore, notwithstanding the number of parking spaces shown on the Site
Plan, City agrees that Developer shall be credited with the Initial Parking
Count. and that such Initial Parking Count shall be treated as available
parking for development of the Land. City hereby agrees that Developer shall
provide, and City shall maintain a continuing inventory of parking available
to the Site. beginning with the Initial Parking Count, and that City shall
subtract therefrom the parking requirements for each tenant or occupant of the
Site in accordance with Exhibit "F." Parking spaces remaining after full
development of the Site. if any. shall be credited to the Balance of Land to
be added to any parking spaces provided for on said Balance of Land. City
hereby agrees. upon -request by Developer, its grantees, successors, or
assigns, to advise such requesting party of those parking spaces available for
development of the land; which City response to such request shall not be
unreasonably withheld or withheld or delayed. City hereby acknowledges that
this Agreement has been approved by the City Council of the City. L--9t&A4LAg
s
f aragra The City recognizes and
acknowledges that Developer is relying upon the provisions of this Agreement,
including, without limitation, the provisions of this Paragraph 7. in agreeing
to the. parking configuration shown on the Site Plan and in agreeing to all
other obligations undertaken by Developer pursuant to this Agreement.
B. Traffic Signalization.
Developer shall pay to City the sum of Forty Thousand Dollars
($40,000), which sum shall be placed in the City's Traffic Signalization
Escrow Fund. This sum shall be paid, in cash or by cashier's check, on or _
before City's final approval of the Site Plan. If a traffic signal is
required by the traffic generated by the development of the Site, City shall
install same at no cost to Developer.
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DEVELOPMENT REVIEW STATUS SHEET
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VIII. PAK ESSINS FEES (PAID):
Site Plan Review: ;
Revised Site Plan: ;
Plat Review: ;
Schematic En;.: :
Other: _
STAFF COMENTS: -
Proposed development is/is not in general conformance with Tamarac's Land
Use Plan Element and recommends:
Adoption of Development Order 1174 Master File I 15For:
TGMGDaf �,MIADCWGCT PTNA1 CTTC_
Project subject to the requirements included in the Report and the following
conditions:
Staff recommends approval, subject to the following:
1. Council to approve landscape plan
2. Council to permit waiver to platting for 25.708,acres
3. Council to acdept $40,000'cash.bond for traffic light
4. Council to approve the following:
Water Retention Agreement
Water and Sewer Developers Agreement
Declaration of covenants - cross parking easement
Blanket ingress & egress easement
Grant of Easement for canal maintenance, sidewalks and drainage
purposes and agreement to grant easements for utility purposes
Acknowledgement of warranty deed for right-of-way to BrowardCounty
Acknowledgement of easement. for right-of-way to Broward County'
DEVELfIPf Uff APPLIWIh.
PROJECT NAME: TAMARAC 5 UARE WEST MASTER FILE 1 IS-85
.. r
• PROJECT LOCATION: �� N.W. CORNER OF McNAB ROAD 6 PINE ISLAND ROB _
APPLICANT'S NAME: . MCNAB ASSOCIATES
ADDRESS: 1001 N.W. 62nd St.. Suite 112 Ft. Lauderdale FL 33309
PHONE NO.: 771-8663
PROJECT NUMBER-1112-405
TOTAL ACRES
SmISSIO'!
PRELIMINARY PLAT
rINAL PLAT
CONCEPT SITE PLAN
SITE PLAN
ENGINEERING DRAWINGS
REZONING/SPEC. EXCEPT.
SIGN DEPOSIT
VARIANCE
DATE S0111M
• •_ KEPT:
Check 1285 McNab A socia e
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ZONING DISTRICT:Court Order/Coon'l
DATE FILE BEGAN:6/20/85 __
FEES DRAMNSS SU.1170
MCNAB ASSOCIATES, LTD.
OPERATING ACCOUNT 285
P. 0, Box 1=77
FT. LAUDERDALE, FL 32310
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Mr. Robert B.ahn, Chief Building Official
November 21, 1985
Page -2-
and sewer service for this site. However, a small modification
may be required to the lift station pumps in the future). This
site (Parcel A that includes all the area for the site
plan plus Parcel B that includes the undeveloped area to the North)
has an area of 25 acres that, at $130.00 per acre, requires a
$3,250.00 drainage improvement fee. The water retention agreement
indicates that this 25 acre site (Parcel A and Parcel B) requires
1.25 acres of retention, plus 0.708 acres of canal that is not
being excavated to the property line for a total of 1.958 acres
of retention at $35,000.00 per acre amounts to a retention fee of
$68,530.00.
We recommend that the site plan and above noted documents be
approved subject to the receipt of the following fees:
CIAO fee $ 210,904.00
ERC review fee 750.00
Drainage improvement fee 3,250.00
Drainage retention fee 68,530.00
We will be pleased to furnish any addtional information you
may require regarding this matter.
RJF/gmd
Cc: City Clerk
City Planner
City Manager
Darby & Way
Glenn Smith - Ruden, Barnett, McClosky, Schuster
& Russell, F.A.
P.S. The site plan approval should be subject to the condition
that recorded copies of the Right of Way Deed and Right of Way
Easement be furnished to the City.
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Introduced by
CITY OF TAMARAC, FLORIDA
RESO1=ICr1 NO. R-85-
Temp. Reso.t 3897
A RESOUNION ISSUING A DEVELOPNIFNP ORDER FOR TFI£
MVVkRAC SQUARE WEST
PROJECT. DE,VEIMiF 1 ORDER NO. 174 AIM PROVIDING
AN EFFECTIVE DATE.
1V11MMrAS, pursuant to the instructions of the City Council of the City 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 applica-
tion -for a develcrm ent order by the applicant for development approval; and
W=AS, the City Council has examined and investigated the application,
staff and Planning Commission reoarnwridations, and the attached Development Review
Status Sheet dated lIZ22/85 ; and
i+RM*V—.AS, the City Council reviewed the development order and acccumpanying
documents at a public meeting; and
MERFAS, the City Council has deterruned that the application is in com-
pliance with all elements of its Comprehensive Plan, or will be in compliance prior
to the issuance of a Certificate of Occupancy for any unit on the development that
is the subject of the application.
WMr THEREFORE, BE IT RESOLVED BY 71IE COU ML OF TIE CITY OF TA WV C,
I OR � e
SECTION 1: That the development described on the attached development rev
status sheet dated _ 11L22/85i.s granted a development order to proceed subject to
the following conditions:
A. Construction is to be in complete ccrtpliance with the plans and spec-
ifications 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. Commenoement of construction shall be no longer than one year from the
date of this approval. If the developmennt does not cc mence construction within
one yea . this approval is null and void unless an extension has been granted in
accordance with applicable regulations.
C. 11he development order is assignable, but an assignment does not
discharge any assignee from strict crnpliance with the order unless the City Council
consents to modify any of the original requirements.
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D. Additional conditions established in order to issue the development
order are set forth as follows:
SECTION 2: Should rnv section or provision of this development order be
declared by a court of campetent jurisdiction to be invalid, the City Council shall
deteunine if the other portions of the order remain valid or whether the approval
shall be null and void.
SB=CN 3: This development order as conditioned shall become effective
immediately upon passage.
PASSED, ADOPTED AND APPROVED this day of 1985.
ASSISTANT crry C3£F4C
I HERF.W rPR TFV *i,*r T h„vA
approved the form and correct-
ness of this Resolution.
u.L.11 ATI'DRNEy
MAYOR
LWA
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PARCEL "A"
A portion of the FLORIDA FRUIT LANDS COMPANY'S SUBDIVISION N0. 2
Of Section 5, Township 49 South, Range 41 East, as recorded in
Plat Book 1, Page 102 of the Public Record* of Pals Beach County,
Florida, described as follows:
COMMENCE at the Southeast corner Of said Section 5; thence North
88059'10" West (on an assured bearing), along the South line of
said Section 5, a distance of 753.16 feet; thence North 00010,051,
West, along the Easterly right-of-way line and its Southerly
extension, of that certain 100.00 foot wide canal as described
in Official Records Book 6450, Page 688 of the Public Records of
Broward County, Florida, a distance of 55.01 feet to an
intersection with a line 55.00 feet North of, and parallel with
the said South line of Section 5 and the POINT OF BEGINNING;
thence continue North 00010.05" West, a distance of 29.45 feet to
the point of curvature of a curve concave to the West; thence
Northerly along the arc of said curve, having a radius of 1647.00
feet, a central angle of 37012.07"', an arc distance of 1069.39
feet, the last two (2) described courses being coincident with
said Easterly canal right-of-way line; thence North 51000'50"
East, a distance of 257.80 feet; thence South 38059,101, East, a
distance of 49.00 feet; thence North 51000150" East, a distance
of 440.92 feet to an intersection with a curve concave to the
West, a radial line through amid intersection bears North
53020'41" East; thence Southerly along the are of said curve,
being coincident with the Westerly right-of-way line of Pine
Island Road (o/K/A Northwest 88th Avenue) as described in
Official Records Book 4747, Page 183 of the Public Records of
Broward County, Florida, said curve having a. radius of 2347.00
feet, a central angle of 24017'25", an arc 'distance of 995.00
foot; thence South 04028140" East, a distance of 200.00 feet to
an intersection with a curve concave to the West, a radial line
through said intersection bears North 82031100" East; thence
Southerly along the are of said curve, being .19.00 feet West of
and concentric with said Westerly right-of-way of Pine Island
Road. said curve having a radius of 2328.00 feet, a central angle
of 07018'55", an arc distance of 297.23 feet to the point of
tangency; thence South 00010105" East, along a line 19.00 feet
West of, and parallel with said Westerly right-of-way line, a
distance of 2.77 feet; thence South 45025'23" West, along the
chord of a curve having a radius of 35.00 feet, said curve being
tangent to the last described course and also being tangent to
the following described course, a distance of $0.01 feet; thence
North $80591101, West, along a line 60.00 feet North of, and
Parallel with the said South line of Section 5, a distance of
300.00 feet; thence South 89034'53" West, a distance of 200.00
feet; thence North 88059110" West, along a line 55.00 feet North
of, and parallel with said South line of Section 5, a distance of
145.37 feet to the POINT OF BEGINNING.
Said lands situate, lying and being in the City of Tamarac,
Broward County, Florida, and containing 20.824 acres, more Or
lea*.
1. This is not a Sketch of Survey but only a graphic depiction
of the lands described hereon, and in no way reflects actual
field measurements or location.
I hereby certify that this SKETCH and LEGAL DESCRIPTION is true
and correct to the beat of my knowledge and belief and meet, the
Minimum Technical Standards for Land Surveying in the State of
Florida as set forth in Chapter 21HH-6 of the FLORIDA
ADMINISTRATIVE CODE.
DARBY AND WAY. INC.
Sheet 1 of 2
Job No. 8064H 11/6/85 By. Wilson E. Way
Rev. 4/29/86 — Rev. 5/20/86 Rapicterod Land Survevor No.
State of t'lori
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SKETCH TO ACCOMPANY OESCR/PT/ON
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1906411
AGREEMENT
THIS AGREEMENT ("Agreement") by and between the CITY OF TAMARAC, FLORIDA
("City"), a Florida municipal corporation, and MCNAB ASSOCIATES, LTD.
("Developer"). a Florida limited partnership.
WITNESSETH:
WHEREAS, the Developer is the owner •of that certain parcel of land
("Land") located in Broward County, Florida within the incorporated
territorial limits of the City, more particularly described in Exhibit "A"
attached hereto and made part hereof; and
WHEREAS. the Developer wishes to develop that portion of the Land ("Site")
more particularly described in Exhibit "B" attached hereto and made part
hereof, as a shopping center development in substantial compliance with that
certain site plan ("Site Plan") 'attached hereto and made part hereof as
• Exhibit "C"; and
WHEREAS, the Land has been the subject of certain litigation in the
Circuit Court for the Seventeenth Judicial Circuit in and for Broward County
Case Number 72-11731, and in particular those two Orders of the Court
("Orders") attached hereto and made part hereof as Exhibit "D"; and
WHEREAS, the City. pursuant to the Orders, has reviewed the Site Plan. and
made certain recommendations with respect thereto; and
WHEREAS. City and Developer have agreed to certain conditions and
requirements of Developer's development of the Site pursuant to the Site Plan;
NOW, THEREFORE. in consideration of these premises and the mutual
covenants contained herein, City and Developer hereby agree as follows:
1. Applicability of Orders. City hereby acknowledges that Developer is
the successor in title to the Land, and that such Land is subject to the
Orders which remain in full force and effect. Nothing contained in this
Agreement shalt be construed as a waiver by Developer of any or all rights
Developer may have under the Orders.
CITY OF TAMARAC
sell N. W. Bath AVENUE
TAMARAC, FLORIDA 33321
City Clerks DcOt, 1
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2. Zonin .
(a) Except as otherwise herein provided, City hereby agrees, in
conformance with the Orders, that the zoning and development standards
applicable to the Land are those Broward County, Florida ordinances and
development standards applicable to the Broward County "C-l" zoning district
as they existed December 31. 1972, a copy of which is attached hereto and make
a part hereof as Exhibit "E"; except that off-street parking requirements
applicable to the Land are those as stated in City of Tamarac Ordinance Number
71-9. as set forth in Exhibit "F" attached hereto and made part hereof (the
Just described Broward County Ordinance and development standards and the just
described City of Tamarac off-street parking requirements being. collectively
referred to as the "Development Standards"). The parties hereby acknowledge
and agree that the Site Plan has been reviewed by the City and is found to be
in conformance with the Development Standards. City further acknowledges and
agrees that at such time as Developer. its successors, or assigns submits that
portion of the Land other than the Site ("Balance .of Land"), as more
particularly described in Exhibit "G" attached hereto and made a part hereof,
for the City's site plan approval, that development of the Balance of the Land
will be reviewed and approved pursuant to the Development Standards.
(b) Notwithstanding anything to the contrary contained in either the
Development Standards or this Agreement, the Land shall not be developed for
any of the following uses:
(1) "Boarding Kennel" (Art. 37, §37.2(3). 1972 Broward County
Zoning Code);
(2) "Soft Drink Bottling Plant" (Art. 37, 537.2(3));
(3) "Automobile Paint Shop". except as an accessory use to a
new/used automobile dealership or sales lot (Art. 37,
§37.2(4)).
(4) "Tire Recapping and Vulcanizing" (Art. 37, §37.2(4);
(5) "Railroad Freight or Passenger Stations, Railroad -Transfer,
Storage and Team Tracks" (Art. 37. §37.2(6));
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• waives any and all platting requirements applicable to the Land, if any, and
agrees that the only review procedure applicable to the Land is that provided
in Paragraph 9 of this Agreement.
4. Western Wall. Developer hereby agrees, in addition to developing the
Site pursuant to the Development Standards, to construct. or cause to be
constructed, a six foot (6') high wall or barrier ("Wall") to buffer the
Site's development from the residential properties adjacent and to the west of
the Site across the existing canal. The location of the Wall shall be as
shown on the Site Plan. The parties acknowledge and agree that the Wall may
be of a type similar to that now constructed on the north side of the
University Hospital development located in the City of Tamarac..or of such
other type of construction which does not require the structural support of a
continuous footing. Developer shall provide City with the designs and plans
for the Wall concurrently with its application for a building permit for the
Site. and such plans shall meet current building code requirements. City's
is
approval of the design and construction plans of thg Wall shall not be
unreasonably withheld or delayed.
5. Canal Excavation.
(a) Developer hereby agrees,, in addition to developing the Site
pursuant to the Development Standards, to excavate, or cause to be excavated,
the canal bank adjacent to the Land's western boundary ("Excavation") as shown
on the Site Plan. The Excavation shall be conducted in substantial compliance
with the typical cross section for such Excavation attached hereto and made
part hereof as Exhibit "H."
(b) Use of City Right of Way. City hereby agrees to permit the
Excavation to occur, pursuant to Exhibit "H," within the canal right—of—way
dedicated to the City which abuts the Land's western boundary. City agrees,
in order to accomplish the Excavation, to grant whatever permits. or execute
whatever documents are necessary to accomplish such Excavation.
Q) Landscaping of Canal Slope. Developer hereby agrees, in
addition to the development of the Site pursuant to the Development Standards,
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0 to landscape that portion of the Excavation shown as "landscaping" on Exhibit
"H" which portion is approximately three feet (3') wide and directly west of
the Wall ("Landscape Area"). This landscaping shall consist of: (i) one (1)
tree every forty feet (40') (measured between the centers of each pair of
trees); (it) two (2) shrubs between each pair of trees; and (iii) the full
sodding and sprinkling of the Landscape Area. Developer, its grantees,
successors, or assigns further agree to maintain the Landscape Area and that
land between the Wall and the water line of the canal). City agrees to grant
whatever permits, or execute whatever documents are necessary to accomplish
such landscaping and the subsequent maintenance thereof upon Developer's
payment of permit fees, therefor, if any.
6. Berms. Developer hereby agrees, in addition to the development of
the Site pursuant to the Development Standards. to construct, or cause to be
constructed, berms or berms with retaining walls three feet (3') to three and
one—half feet (3-1/2') high ("Berms") around the perimeter of the Site along
• McNab Road and Pine Island Road.
•
7. Parking and Parking Waiver. City hereby acknowledges that the
original site plan designs for the Site which Developer tendered to the City
for the City's approval, complied with the Development Standards and provided
for 1,119 perpendicular parking spaces ("Initial Parking 'Count"). The Initial
Parking Count and configuration satisfied the requirements of City of Tamarac
Ordinance 71-9 which is applicable to the Land. At the City's request,
Developer has reconfigured the Site's parking areas as now set forth on the
Site Plan to provide for 1.068 parking spaces, and because of such
reconfiguration the Site Plan provides 51 fewer parking spaces than the
Initial Parking Count. Such lesser number of parking spaces still exceed the
requirements of the aforesaid Ordinance 71-9. City acknowledges and agrees
that although the Developer was not required, pursuant to the Development
Standards, to provide the "angled" parking configuration requested by the City
and shown on the Site Plan, it is in the best interest of the City to do so.
5
0123J
Therefore, notwithstanding the number of parking spaces shown on the Site
Plan, City agrees that Developer shall be credited with the Initial Parking
Count, and that such Initial Parking Count shall be treated as available
parking for development of the Land. City hereby agrees that Developer shall
provide, and City shall maintain a continuing inventory of parking available
to the Site, beginning with the Initial Parking Count, and that City shall
subtract therefrom the parking requirements for each tenant or occupant of the
Site in accordance with Exhibit "F." Parking spaces remaining after full
development of the Site, if any, shall be credited to the Balance of Land to
be added to any parking spaces provided for on said Balance of Land. City
hereby agrees, upon request by Developer, its grantees, successors, or
assigns, to advise such requesting party of those parking spaces available for
development of the Land; which City response to such request shall not be
unreasonably withheld or withheld or delayed. City hereby acknowledges that
this Agreement has been approved by the City Council of the City. In granting
.
such approval the City Council hereby approves, and the City hereby agrees to,
Plan to
a waiver of the 51 parking spaces deleted from the Site pursuant
City's request for parking reconfiguration, together with such other waiver of
the City's 1972 parking requirements .as may be necessary to effectuate the
foregoing provisions of this Paragraph 7. The City recognizes and
acknowledges that Developer is relying upon the provisions of this Agreement,
including, without limitation, the provisions of this Paragraph 7, in agreeing
to the parking configuration shown on the Site Plan and in agreeing to all
other obligations undertaken by Developer pursuant to this Agreement.
B. Traffic Signalization.
Developer shall pay to City the sum of Forty Thousand Dollars
($40,000), which sum shall be placed in the City's Traffic Signalization
Escrow Fund. This sum shall be paid, in cash or by cashier's check, on or
before City's final approval of the Site Plan. If a traffic signal is
required by the traffic generated by the development of the Site, City shall
install same at no cost to Developer.
6
01233
• City. City's review and approval of such initial Balance of Land site plan
shall be pursuant to the Development Standards, and shall not be unreasonably
delayed or denied. Revisions or amendments to the site plan for the Balance
of Land after initial City approval pursuant to this Paragraph 9(c). shall be
pursuant to the provisions and definitions contained in Paragraphs 9(a) and
9(b), above. Developer, its successors or assigns agree: (i) that
development plans for the Balance of Land shall provide for improvements which
will continue the Wall in substantial compliance with Paragraph 3 of this
Agreement; and (ii) Developer shall excavate the westerly fifteen feet (15')
of the Balance of Land, in substantial compliance with Exhibit "N,"
concurrently with development of the Site.
10. Agreement Runni_ng_Niththe Land. This Agreement is intended to be
and shall be Construed as running with the land, binding upon, inuring to the
benefit of and enforceable by the parties hereto, their respective successors
and assigns. upon the terms, provisions and conditions herein set forth.
•
Notwithstanding the provisions of this Paragraph .10. City shall, as
applicable, execute and cause to be recorded a document or documents
evidencing Developer's compliance with the terms of Paragraphs 4, 5(a), 5(b),
5(c) (except the obligations as to maintenance), and 6 of this Agreement
("Compliance Notices)"). Upon recordation of such Compliance Notice(s),
Developer's obligations pursuant to the paragraph(s) referenced in the
Compliance Notice(s) shall terminate and compliance with the provisions of
such paragraph(s) shall be conclusively presumed. Developer may request
City's execution of Compliance Notice(s) upon fulfillment of the obligations
of such paragraph(s), respectively. City's execution and recordation of the
Compliance Notices) shall not be unreasonably delayed or denied.
11. Waivers/Amendment. No delays or omission by either of the parties
hereto to exercise any right or power, accruing upon any noncompliance or
failure of performance by either of the parties hereto shall impair any such
right or power, or be construed to be a waiver thereof. A waiver by either of
B
0123J
i
the parties hereto of any of the covenants, conditions or agreements hereof to
be performed by the other party hereto shall not be construed to be a waiver
of any subsequent breach thereof or of any other covenant, condition or
agreement herein contained. No waiver of any provision of this Agreement
shall be effective unless it is in writing, signed by the party against whom
it is asserted and any such written waiver shall only be applicable to the
specific instance to which it relates and shall not be deemed to be a
continuing or future waiver. No claimed modification of this Agreement shall
be binding upon either of the parties unless in writing duly executed by the
party sought to be charged therewith.
12. Applicable Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of Florida. If any provisions of this
Agreement or the application thereof to any person or circumstances shall, to
any extent, be held invalid or unenforceable by a court of competent
jurisdiction, the remainder of this Agreement shall not be affected thereby
and each provision of this Agreement shall be valid and enforceable to the
fullest extent permitted by law. Venue with respect to any litigation
hereunder shall be Broward County, Florida.
13. Notices. Each notice. demand or other document or instrument
required or permitted to be served upon either of the parties hereto shall be
in writing and shall be deemed to have been duly served if mailed by certified
or registered United States mail, postage prepaid, return receipt requested,
addressed to the respective parties at the addresses stated below:
Notices as to Developer shall be sent to:
McNab Associates, Ltd.
Post Office Box 8667
Fort Lauderdale, Florida 33310
With copies to:
General Counsel, Zaremba McNab Co.
c/o Zaremba Corporation
Suite 1500
14600 Detroit Avenue
Lakewood, Ohio 44107
9
. and to:
Ruden, Barnett, McClosky,
Schuster & Russell, P.A.
Post Office Box 1900
Fort Lauderdale, Florida 33302
Attention: Glenn N. Smith, Esquire
Notices as to City shall be sent to:
City of Tamarac
5811 N.W. 88th Avenue
Tamarac, Florida 33321
Attention: City Manager
With copies to:
City of Tamarac
5811 N.W. 88th Avenue
Tamarac, Florida 33321
Attention: City Attorney
14. Joint Preparation. Preparation of this Agreement has been a joint
effort of the parties and the resulting document shall not., -solely as a matter
of judicial construction, be construed more severely against one of the
• parties than the other.
15. Exhibits. All exhibits attached hereto contain additional terms of
this Agreement.
16. Captions or Paragraph Headings. Captions and paragraph headings
contained in this Agreement are for convenience and reference only, and in no
•
way define, describe, extend or limit the scope of intent of this Agreement,
nor the intent of any provision hereof.
17. Effective Date. The effective date of this Agreement shall be the
date upon which this Agreement is approved by the City Council.
18. Further Assurances. Each of the parties hereto agrees to execute.
acknowledge and deliver, or cause to be done. executed, acknowledged and
delivered, all such further acts, and assurances as shall be reasonably
requested by the other party in order to carry out the intent of this
Agreement and give effect thereto. Without in any manner limiting the
specific rights and obligations set forth in this Agreement, the parties
10
0123J
STATE OF FLORIDA >
) SS:
COUNTY OF BROWARD )
I HEREBY CERTIFY that on this day. before me, an officer duly authorized
in the state and ount afore aid to take acknowledgments, personally
appeared r� u• u • to me known and known to me to be the
persons who executed the ore ng instrument, andleeY acknowledged before me
thatfhey executed the same.
WITNESS my han�an�i• official seal
this �?,��day of lam, 1986.
STATE OF FLORIDA )
) SS:
COUNTY OF BROWARD )
in the State and County last aforesaid
NOTARY PUBLIC, STATE OF FLORIDA
My Commission Expires: 10TANT.rUB IC STATExof 2J.114
C90A
601DED EA..J ::OEELL 149. un.
I HEREBY CERTIFY that on this day, before me, an officer duly authorized
in the State and County aforesaid to take acknowledgments, personally appeared
arl c. xwrtz v.P. wenal McNab Co. , a Florida corporation, who signed the foregoing
instrument as General Partner of McNab Associates, Ltd., a Florida limited
partnership, to me known to be the person who signed the foregoing instrument
as such officer, and acknowledged the execution thereof to be his free act and
deed as such officer for the uses and purposes therein mentioned, and that the
said instrument is the act and deed of said corporation.
WITNESS my hand nd official seal in the County and State last aforesaid
this _a day of 198V- 6
NOTARY PUBLIC, STATE C, STATE OF�FLORIDA
My Commission Expires:
NOTARY PUBLIC STARE 01 910RIDA
AY COMMISSION EAP. VAR 25,127
BONDED iKAU GENERAL 1N5. ORD.
12
•
C]
•
hereby declare their intention to cooperate with each other in the effecting
of the terms of this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
CITY OF TAM�RAC:
By: r
Mayor
ATTEST:
A01 City Maa
ATTEST:
L� �e t
zz�nty Clerk
APPROVED AS TO FORM:
h •q
1t At rney -
This�� day Or L ,q 19
City Manager
This � day of 198�
DEVELOPER:
McNAB ASSOCIATES. LTD., a Florida
limited partnership
By: Wenal M[Nab Co., a Florida Q
corporation, General Partner e
r
• � rao
By:
Earl C. Kurtz, ice President
(CORPORATE SEAL)
This 7-e' day of �&Vf M � r , 1985
11
0123J
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QESCRIPTIOS- ?arcal "A"
A portion of tr,e FLORIDA FRUIT LANDS COMPANY'S SUBDIVISION NO. 2
of Section '.I`. Township 49 South. Range 41 East. as recorded in
Plat Book !:'Page 102 of the Public Records of Pala Beach County.
Florida, described as follows:
COMMENCE at the Southeast corner of said Section Si thence North
eao59'10" West (on an assumed bearing), along the South line of
said Section 5, a distance of 753.16 feet) thence North 00010.05-
West, along the Easterly right-of-way line and its Southerly
extention, of that certain 100.00 toot wide canal as described
in Official Records Book 6450. Page 688 of the Public Records of
Broward County. Florida, a distance of 55.01 feet to an
intersection with a line 55.00 feet North of, and parallel with
;the said South line of Section 5 and the POINT OF BEGINNINGS
r thence continue' North 00010.05" West, a distance of 29.45 feet
to the point of curvature of a curve concave to the West, thence
Northerly along the arc of amid curve, having a radlua of 1647.00
feet, a central angle of 36057'30". en arc distance of 1062.39
feet, the last two (2) described courses being coincident with
said Easterly canal right-of-way line) thence North 52052'23
East, along a radial line to the following described curve
concave to the West, a distance of 700.00 feats thence Southerly
along the arc of said curve. being coincident with the Westerly
right-of-way line of Pin* Island Road (A/K/A Northwest 88th
Avenue) as described in Official Records Book 4747. pegs 143 of
the Public Record& of Broward County, Florida, sold curve having
a radius of 2347.00 feet. a central angle of 24045141", an are
distance of 1014.30 foots thence South 04028.40" East, a distance
of 200.00 feet to an intersection with a curve concave to the
Went, a radial line through said intersection bears North
62031000- Eaats thence Southerly along the are of said curve,
being 19.00 feet West of and concentric with acid Westerly
right-of-way of Pine Island Road, said curve having a radius of
2328.00 feet, A central angle of 07o1a'55", any arc distance of
297.23 foot to the point of tangencyl thence South 00010'03"
East, along a line 19.00 feet West of, and parallel with said
Westerly right-of-way line, a distance of 2.77 foot, thence South
45025'23" West. along the chord of a curve having a radius of
35.00 feet. said curve being tangent to the last described course
and slap. being tangent to the following described course, a
distance of 50.01 feet, thence North 68059.10" West, along a line
60.00 feet North of, and parallel with the said South line of
Section 5. a distance of 300.00 feet, thence South a9o34'S3-
We8t. a. distance of 200.00 forts thence North 88059.10- West,
along a lift* 55.00 feet North of. and parallel with said South
line of Section 5. a distance of 145.37 fast to the POINT OF
BEGINNING.
Said lands situate, lying and being in the City of Tamarac.
Broward County. Florida, and containing 915,680 square feet or
21.026 acres. ■ors or less.
1. This is not a Sketch of Survey but only a graphic gRpiction
Of the lands described herson, and in no *way reflects actual
field measurements or location. I
CERTIETCAM
Z hereby certify that this
and correct to the beat of my
Niniau• Technical Standards
Florida as got forth in
ADMINISTRATIVE CODE.
DARBY AND WAY. INC.
SKETCH and LEGAL DESCRIPTION is true
knowledge and belief and moats the
for Land Surveying in the State of
Chapter 21HH-6 of the FLORIDA
Shoot 1 of
5064H
11/6/85
OF
'w
E=IBIT B
TO
'AGREEMENT BETWEEN CITY OF TAMARAC
AND McNAB'ASSOCIATES, LTD. FOR TAMARAC SQUARE WEST
LEGAL DESCRIPTION'OF "SITE"
•
C�
•
SKETCH TO ACCOMPANY DESCR/Pr/ON
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IT was@ Tme tNOY►e M CItTAIrtt Are r[NI/I[t
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11
MMIBIT C
TO
• AGREEMENT BETWEEN CITY OF TAMARAC
AND NCNAB ASSOCIATES. LTD. FOR TAMARAC SQUARE WEST
•
•
•
1 0
•
V/ �ri sail NORTHWEST /aTH AVENUE • TAMARAC, FLORIDA 33321
7
TELEPHONE (705) 7715400
�
�4 2 A
DEVELOPMENT REVIEW STATUS SHEET
rkru
DA.TE_11122/85
117744 Orig. Dev. Order
Revised Dev. Order
Project TAMARAC SQUARE WEST FINAL SITE PLAN Matter Fite * 15-85
Lotation Northwest corner NW.88 Ave and McNab�_ •,���_____ __ .. _�
Developer MC NAB ASSOCIATES
Owner
MC NAB ASSOC18TES
Zoning R-3 Acres 20 acres es Recommended Dbte for Council Action 11177/R5--
Future Land Use Designation—_ Proposed Use _.Shopping canto
DEVELDPMEN'T ORDER FOR:
Final Site Man , X Final Plat _.___ Revised Site Plan
1. STAFF APPROVAL DATES: Final Site Plan Final Plat Revised Site Plan
City Planner
n •�
City En„ineer
I
Chief Euzlding Official �--
Fire ::jiff
Finance Director
11. Mf!ISS1017 RF��.iSEN7ATIDV5:
APPROVAL or APPROVAL VITTH CO`IDITIONS/Date 10/16/85DEvIAL/Date
Final Site Plan dated Rev
Final Plat dated Rev — •�
Revised Site Plan dated Rev
Planning Connission finding of compliance with Certified Plan:
See Page d of this report
ill. FINAL ENGINEERINS DR4l7NSS'
APPROVAL/Date APPROVAL AS REDLINED/Date 11/21785 DE"I19.L/Date
Comments
cont'd
DEVELOPIIENT REVIEW STATUS SHEET
11
r -I
L
•
IV- LANDSCAPE PLAN:
Staff Action APPROVAL , APPROVAL WITH CONDITIONS � DE'IIAL
Date
eautification Cor+rAttee Ret"endetion-Date: 11/4/85
APPROVAL � APPROVAL WITH CONDITIONS DENIAL
V. Rp1;ARD COUNTY DEVELOP}1ENT REVIEW C("4iITTU REPDRT:
if app scab e
-Comments
VI. DEVELOPERS AGREEIIEMS/FEES N$ere Mlicable): SUMMARY
A. Veter end „St.ier_„ptv lnner.Agreement
City Engineer Approval/Date
Date _
City Attorney Approval/Date .�..,.�
B, Other Develo. ert A reer+ • (Covenants. Stipulations. etc.)
iWater Retention Agreement
Declaration of Covenants (relating to parking and access)
Public ingress/egress easement
"-ant of easements for canal maintenance, sidewalks, etc.
Warranty deed for r/o/w to BrQward County and Easement for r/o/w to Broward I
C. Ureine0e Pete^.tarn Fee Amount S$68,530.00
5" Required/Acres Provided '
Deficiency/Acres ^� X $35.=/Acre
D. Dreina a Improvement
—`� Fee Amount t 250.00
Project Acreage X $130/Acre
E-
Water I Sewer Cuntrib2tjnrl Charges
Fee Amount
e210,904.00
Number of ERCs _, 12816 _ $1640-00.
F.
ERE Review Fee. if more than 10 FRCS
Fee Amount
S
G.
Local Parks/Recreation
Fei Amount
t
Acres Required — Provided
S/Acre X Deficiency/Acres
191,520.20 Total
450.00 Prepaid
H.
Engineering Fees
Fee Amount
S $91,070.20 Balance
I.
4,onds
!Bond Amount
S J 285,752.75
Date: Approved by City Engineer
City Attorney '
J. On Site Beautification $11,040.67
(Fees to be paid At time of building permit issuance)
cont'd
- Pape 3
Memo f
DEVELOPMENT R"'IW STATUS S►trt
DEVU OP110 REVIEW RE U1RE"ENTS:
A. Pau:fe 1.'iter Service n ineer or Cormtulting C1ty Engineer of
Certiflcation of City E p
Availability of Service: NpT AVAILABLE �!
AVAILABLE � ( _ WILL BE AVAILABLE
Date Cortments
B, Wast,ater Treatment and Disposal Service City Eng
g inrer of
Certification of City Engineer or Consultin
Availability Of Service:
_ AVAILABLE .�.�.— WILL BE AVAILABLE _...�— NOT AVAILABLE
Date Coeaments
C. Solid Waste Disposal Service
Determination of Availability of Service: NOT AVAILABLE.�—
AVAILABLE -- WILL BE AVAILABLE.--
Date Coaments
D. Drainage Adequacy p ineer of
Certification Of City Engineer or Consulting City Eng
Adequacy of:Drainage:
ADEQUATE WILL BE ADEQUATE NOT ADEQUATE�—
Date Comments
E. Regional Transportation Network
Compliance with Minimum Standards:
COMPLIES 1 WILL COMPLY �� DOES NOT COMPLY
Date Comments
F. Local Streets and Roads
Compliance with Minimum Standards: I)DES NOT COMPLY
COMPLIES—,�' WILL CO11PLY--
Date Comments
6. Fire Protection Service
Compliance with Minimum Standards:
COMPLIES ��� WILL COMPLY � ODES NOT COMPLY
Date Comments
M. Police Protection Service
Compliance wit Minimum Standards: ODES NOT COMPLY
COMPLIES WILL COMPLY
Date Comments
1. Local Parks (Parks and Recreation Facilities) IjA
ono : nation Required/Acres � Provided
Cash in Lieu of land Gross Acres PAR- X 5� /AC • S ��
J.
Gor.p))isnncce=with the Standards of the Broward County School board: r �-
SCHOOL SITES NEEDED FOR ELEMENTARY SCHOOL
MIDDLE SCHOOL �� HOT NEEDED
• " NIGH SCHOOL NOT NEEDED
Letter from School Board Dated �,
rage p v
DEVELOPMENT REVIEW STATUS SHEET
•
•
•
YIN. PRDCESSINS FEES (PAIR):
Site Plan Review: ; 2_Boo.00
Revised Site Plan: ;
Plat Review: ;
Scharnatic Eng.: _ 450_00
Other: ;
STAFF COMENTS:
Proposed development is/is not in Qeneral tonformance with Tamarac's Lend
Use Plan Element and recommends:
Adoption of Developnent Order / 174 Master File 1 15-95___ _ For:
Project subject to the requirements included in the Report and the following
conditions:
Staff recommends approval, subject to the following:
1. Council to approve landscape plan
2. Council to permit waiver to platting for 25.708 acres
3. Council to acdept $40,000'rashlbond for traffic light
4. Council to approve the following:
Water Retention Agreement.
Water and Sewer Developers Agreement
Declaration of covenants - cross parking easement
Blanket ingress b egress easement
Grant of Easement for canal maintenance, sidewalks and drainage
purposes and agreement to grant easements for utility purposes
Acknowledgement of warranty deed for right-of-way to BrowaNdCounty
Acknowledgement of easement for right-of-way to Broward County
` 9eTN Ar[NuL a IAxAILA Ca FLORIDA ])321
�e11 IIDIITNYCST
• 0 - IMPHDKE (306) 722-ttDo
JECTE TAMARAC SQUARE WEST
LICJCMT'S E MCN;IB ASSLR:IATES
ASS 1001 N.W. 62nd ST STE 112
tITi�TAT1 FT. LAUDERbALE FL
A.li. COF�L° CT' P.c-NAP A':b T'1" er-.•'�
MAL KScuril01c Or LOCJlTIOK 25 acres total
ACRiS 4
LE
SEVIOM 5 :A IL A s IWt6E
Silva mKINC Z'�0 "acres this pplan
KC COMMERE:IAL ►ROp05ED LJU1D USE DESIGNATIOMCo ER AL
)POSED USE AKt) CTNER INrOWATTON SHOPPING CENTER
(bte) mcbwRfladp saw WM— tuts
(s) The Issuance Or fronting of Iutldlrq �� Iagrora�nt permltt SMII act be deemed Or csnstrwed !o bs o permit for. Or an
wroval of. any violation of the Code of Ordlnar"s at the City Of Tamarac.
tb)the Issuance of a "Mit open pis"s or nt
tMresfter ewquirir4 OR ttOrnCtions of *Mrs eniw h fism and ons, iihall Not spaelficaations.lor from preventl Official ing ►uildingtspentlons
being eerrta4 On thereunder. MtW.n /Nrvlolatlnitr free 1this � nce of por of ermiteU issuancenof Certificate obll f Occupancy- the
(c) W*n Mrr/np fire uork carried On se+de fire pe ha
wroved plans are found to be In violation Ot this Cade, iciarat shall Ratify tha developer Ord the gs art
shall
correct the drawings Or Otherwise satlsfrr the building Of
that the design and/or arorttag drawings are 1n
Osgllanca with the Code.7D7.1)
owner mt the rwnlect
#W), tine NaWersipwd. ar (are) the ter. nt. agen . stbw—y. otherinsert env in ve 611hi apace
land IN Oil site bwlbOaarWt Stan.
1 (We) actno�wledge and agree t duri"g the conslRMratlon ord vevinr of the let and site dOrelapaent plan, Including any
approvals by the planalnnqq towissivni sow staff of the City of yourac. No tow
Shall vest an behalf of the applicant Which
mould b. wforceabla aaggainst the City and no site develaewent plan will rocs w�'"' derovae' until antar publle meeting is
Mold by to city Council and the City Cewncll he*.vpl+d favorably on the p*oPo
McNab Associates, Ltd.. a Florida Limited Partnership;
1 McNab Co a Florida co ation, General Partner
ld S. Wenal
Authorited f1ruture --�
Sworn to and wbscr ors + y
SIT 9
Notary Stow FLDa1D
U00t
uar ISSIO slap on
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AEIIEL(1f E T ATLICATIU7:
PROJECT NAME: TAMARAC SQUARE WEST MASTER FILE f 15-85
i
PROJECT LOCATION: N.W. CORNER OF MCNAB ROAD I PINE ISLAND ROAD
APPLICANT'$ NAME: . McNAB ASSOCIATES
ADDRESS: 1001 N.W. 62nd St., Suite 112, Ft. Lauderdale, FL 33309
PHONE NO.: 771-8663
PROJECT NUMBERJL13-405 ZONING DISTRICT:Court Order/Coem'1
TOTAL ACRES 20 DATE FILE BEGAN:6 2L 0/85
WISSI
PRELIMINARY PLAT
FINAL PLAT
CONCEPT SITE PLAN
SITE PLAN
ENGINEERING DRAWINGS
REZONING/SPEC. EXCEPT.
SIGN DEPOSIT
VARIANCE
DATE SUMMED FEES DRA.INGS SL "ITTEI
•: RECEIPT:
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CITY OF TAMARAC
OFFICE OF THE CITY ENGINEER
INTER -OFFICE MEMORANDUM
M e m o To: Mr. Robert B. Jahn, Chief Building Officia
From: Mr. Robert J. Foy, Deputy City Engineer
Date: November 21, 1985
Subject: Tamarac Square west Site Plan
Reference: /11/85-1020
You may agendize for City Council action the approval of the
Tamarac Square West site plan, the covenant, the water/sewer
developer's agreement, grant of easements for canal maintenance,
sidewalk and drainage purposes agreement, declaration of covenants
( cross parking), public safety ingress/egress easement and water
retention agreement, all subject to the site plan meeting with
your requirements.
We have approved the final engineering drawings as noted on 11/5/85,
the cost estimated as noted on 11/21/85 and the following documents:
a. water/sewer developer's agreement (Exhibit D to the
water/sewer developer agreement certification indicates
the ERC count is based on best available information to
date and that prior to the issue of the water meter the
actual fixture count will be submitted and an adjustment
to the meter size will be made via an addendum to the
water/sewer developer agreement if required)
b. Grant of easements for canal maintenance, sidewalks, etc.
C. Public.'ingress/egress easement
d. Water retention agreement
e. Declaration of covenants (relating to parking and access).
The cost estimate indicates that the total cost of the engineering
improvements will amount to $1,112,648.00 requiring an engineering
permit inspection fee of $91,520.20•of which $450.00 has been pre-
paid and a Public Improvements Performance Bond of $285,752.75.
The water/sewer developer's agreement requires 128.6 ERC's which
at $1,640.00 per ERC amounts to a total CIAC fee of $210,904.00.
The CIAC review fee amounts to $750.00. (Williams, Hatfield and
Stoner have advised that there is sufficient capacity for water
POLICY OF NONDISCRIMINATION ON THE BASIS OF HANDICAPPED STATUS/
AN EQUAL OPPORTUNITY EMPLOYER
•
Mr. Robert B.'Yahn, Chief Building Official
November 21, 1985
Page -2-
and sewer service for this site. However, a small modification
may be required to the lift station pumps in the future). This
site (Parcel A that includes all the area for the site
plan plus Parcel B that includes the undeveloped area to the North)
has an area of 25 acres that, at $130.00 per acre, requires a
$3,250.00 drainage improvement fee. The water retention agreement
indicates that this 25 acre site (Parcel A and Parcel B) requires
1.25 acres of retention, plus 0.708 acres of canal that is not
being excavated to the property line for a total of 1.958 acres
of retention at $35,000.00 per acre amounts to a retention fee of
$68,530.00.
We recommend that the site plan and above noted documents be
approved subject to the receipt of the following fees:
CIAO fee $ 210,904.00
ERC review fee 750.00
Drainage improvement fee 3,250.00
Drainage retention fee 68,530.00
We will be pleased to furnish any addtional information you
may require regarding this matter.
RJF/gmd
cc: City Clerk
City Planner
City Manager
Darby & Way
Glenn Smith - Ruden, Barnett, McClosky, Schuster
& Russell, P.A.
P.S. The site plan approval should be subject to the condition
that recorded copies of the Right of Way Deed and Right of Way
Easement be furnished to the City.
0
Sell NORTHWEST OSTH AVENUE • TAs1ARAC, FLORIDA 33321
TELEPHONE 1305) 722.6900
NOV
Tamarac Square West Our Job No. B064H
PROJECT NAME
H.S.W.lnvestm
,hppLICANT'5,t�AME_ ents
FEE AMOUNT
TOTAL COST
rivate u C Public
mprovemen Improvements 8 5-340 "Private
W/
$8,400.00 44,240.00 7.15% 4,175.60 3,163.00
Seawall or bulkhead, Misc. 8.25% 48,591.fi8 5,388.24
588,990.00 65,312.00
'aving L, Drainage I 'Lao f 4,157.28
;ewage Collection
3.}�A6,�G0 5 7 , 664.00
'pg��0 81,386.75
7.15819.16
water Distribution
151621.00 34,300.00 12,508.74 2,829.75
,
Sidewalks. slabs. 8.25%
curbs a gutters laoo.�
/P.sch*
('V street 6 )4edian Cut 7�
Lands•:aping Z�S� 7.15a 2.03,
9� 7.15i d
Clearing and Grubbing
TOTALS Total Fee R ( 5' 0.1,L0 ea.�;a7
, • 01,22.3.7 Stl
L4
PAISDTO CITY
BALANCE "DUE TO CITY r p
! o '7O. ---
Certificate:
I hereby, certify that the attached estimate is true and correct to the best of
my knowledge and belief and represents the total site development cost for
N.
the project.
�.
No.
y ina�r
ace
Public improvemen/t� 6g,pd to the City L �I�'
CDaL lOOX w $ Z$5^� JZ,
a Total estimated cost of public improvements
APPROVED BY THE CITY ENGINEER
DATE
REMARKS: ---
it Stp4ets more than 2 years old $50 1 lane; median but w/stacking lane
$250; median cut w/o stacking lane w/curb cut $2001 median cut W/O
stacking lane or curb cut $50; jack and bore 75% of above.
Rev. 10/23/85
CITY OF TAMARAC
REPORT OF PLANNING COMMISSION ACTION
• DATE: Oct. 17, 1985
T0: McNab Associates
1001 N.W. 62nd Street, Suite 112
Ft. Lauderdale F1. 33309
SUBJECT: Consideration and Possible Action regarding TAMARAC SQUARE
WEST Final Site Plan - MF 15-85 (northwest corner McNab
Rd. and NW 88 Ave.) Tabled from 10/2185 meeting.
DATE OF MEETING_.: 1n-16-R5
ITEM # 18
APPROVED X with conditions DENIED TABLED
COMMENTS.
Following discussion, the Planning Commission APPROVED
Final Site Plan MF 15-85 subject to attached staff
comments, project not to be approved by Council until
• Broward County Engineer has submitted a copy of a site
plan showing their acceptance to the external roadway
design, provide.47-foot radius at all driveway aprons,
place "Exit Only" sign at driveway south of building 112,
provide one additional parking lot island as discussed
in meeting, and change the name of the road from Pine
Island Road to NW 88 Avenue.
CC: City Council V'
City AttorneyK
City Engineer Clerk
City Planner PLANNING COMMISSION
Chief Bldg. Official
Irene Adams
Carol Barbuto
Glen Smith, Ruden, Barnett, McClosky, Schuster & Russell, PA,
110 E. Broward Blvd., Ft. Lauderdale, F1. 33302
intf - office memorandum
Building and Community Development
MEMO TO: SITE PLAN REVIEW COMMITTEE AND PLANNING COMMISSION
• FROM: RICHARD S. RUSIN, CONSULTANT CITY PLANNER
DATE: OCT. 15, 1985
SUBJECT: TAMARAC SQUARE WEST FINAL SITE PLAN
REFERENCE: MF 15-85
The follwoing comments were made at today's meeting:
1. Based upon the Court Order, the City will initiate rezoning the land from R-3
to 8-3 (C-1) and prepare a Land Use Plan Amendment - incorporating it with the
amendment for Land Section 7 and other changes previously contemplated. Staff
to review offensive uses in C-1 and request applicant to include prohibitive
uses in the separate stipulation.
2. Prior to Council review, applicant to show on final site plan the following:
a) All fire lanes per Fire Department requirements
b) Landscaped berms adjacent to roadways with retaining wall along the south
and southeast property line
c) Show existing guardrail across canal and sidewalk to centerline of canal
d) Provide minimum 12' sidewalk and roadway easement on the east and south
property line and to be expanded at the intersection of NW 88 Ave and
McNab Rd.
e) Relocate sidewalks on McNab Rd. into easement
f) Provide greater tapering at the main entrance off Pine Island Rd.
g) Seven (7) parking spaces to be deleted along out parcels adjacent to the
30' drive
h) Provide overall dimensions of parking lot
i) Revise turning radius at buildings 1, 6 and 3
j) Provide striping by out parcel where asphalt drive abuts building
3. Include in stipulation, the request for waiver of fifty one (51) parking spaces.
and the redesign of canal section.
4. Issue of platting needs to be resolved.
S. Planner suggests review of Broward County Engineering and Traffic Engineering
regarding the design and reconstruction of adjacent roadways before final review
by the City. The proposed median openings on McNab Rd and Pine Island Rd are not
600' from the ?ntc;scction. Obtain approval from Water Management Division at
Broward County.
6. Based upon University of Florida study- the applicant must provide 5% water
retention on site or pay fees in lieu of for the City to provide.
7. Provide blanket cross parking easement for out parcels.
8. Staff would recommend that if it is determined a traffic light is required,
based upon the developer's plan, he should either install same or bond the cost
of the light.
9. The following items should be fulfilled:
a) Public Safety/Blanket/Ingress/Egress Easement
b) Water and Sewer Developer's Agreement
c) Water Retention Agreement
d) Cross Parking Easement
11. If platting is not required, provide the following:
• a) Warranty Deed for additional 2' for widening of McNab Rd.
b) Canal Maintenance Easement
c) Utility Easements (by separate document)
12. Prior to issuance of building permits for out parcels. Council to determine if
City is to review floor plans and elevations for esthetic value.
POLICY OF NONDISCRIMINATION ON THE BASIS OF HANDICAPPED STATUS
"An Equal Opportunity Employer"
Planning Commission
October 16, 1985
9
• Commissioner Schoenfeld MOVED to APPROVE Final Site Plan MF
15-85 subject to compliance with staff comments, project not
to be approved by Council until Broward County Engineering has
submitted a copy of a site plan showing their acceptance to
the external roadway design, provide 47-foot radius at all
driveway aprons, place "Exit Only" sign at the driveway south
of building 12, provide one additional parking lot island as
discussed in meeting, and change the name of the road from
Pine Island Road to NW 88 Avenue. SECONDED by Commissioner
Schoenfeld.
VOTE: Commissioner Schoenfeld Aye
Commissioner Alper Aye
Vice Chairman Beutner Aye
Chairman Bender Aye
(See Attachment B for staff comments.)
----------------------------------------------------------------------
ITEM 7: Discussion and Possible Action regarding Revised Site
Plan for UNIT 14D WEDGEWOOD for Addition of Screen Porch.
SYNOPSIS nF ACTION: APPROVED
Richard Rubin, City Planner, stated that whenever a building
is changed, site plan approval is necessary. He said this
applicant entered into a contract to add a new slab and screen
enclosure and during construction, he was informed by the City
that he was in violation since site plan approval was not
obtained. He said the applicant immediately requested,
through proper channels, approval of the revised site plan to
permit the addition. He noted that the unit is over 30-feet
• away from the property line after the addition and it far
exceeds code requirements. He said staff recommends approval.
Commissioner Schoenfeld MOVED to APPROVE MF 49-77 as revised.
SECONDED by Vice Chairman Beutner.
VOTE: Commissioner Schoenfeld Aye
Commissioner Alper Aye
Vice Chairman Beutner Aye
Chairman Bender Aye
ITEM : Discussion regarding State of Florida Revisions to
F.S. 163 Evaluation and Appraisal. Tabled from 9/18 and 10/2
meetings.
SYNOPSIS OF ACTION: Planning Commission RECOMMENDS
City Council temporarily remove the Evaluation and
Appraisal Report from further discussion.
•
nw n
October 1985
8
Richard Rubin, City Planner, said the Planning Commission
expressed concerns regarding enhancement of the general
community and remarked that the applicant has been extremely
cooperative with City staff. He reviewed staff comments dated
October 15, 1985.
Tape 3
Glen Smith of Ruden, Barnett, McClosky, Schuster & Russell,
representing the applicant, explained that the only change in
the drawing is the arrangement made with the county for
additional right-of-way to expand the road for a right turn
lane.
Mr. Rubin said he would like to have a site plan signed off by
Irene Cooper of Broward County Traffic Engineering that will
be identical to the one Council will review.
Mr. Smith agreed to all staff comments.
Commissioner Alper pointed out that there is another large
shopping center nearby called "Tamarac Town Square" and
suggested a name change for this project. He also said he is
concerned whether the buildings are back far enough if the
County widens NW 88 Avenue and Mc Nab Road. He said there is
a canal near the project and is concerned about the gas or oil
dripping from the parked cars.
Mr. Smith said providing the right-of-way complies with the
County's roadway plan. He said he believes the problem of the
parked cars dripping oil would have to be handled through
engineering.
Commissioner Alper said it is his opinion that warehouses have
a harmful effect upon surrounding communities. He referenced
a letter dated August 21, 1985 in which consulting engineers
were speaking about the adequacy of potable water for 56
rental apartments westerly of this project and with regard to
waste water, a replacement of the main of the northwest
network alone McNab Road must be constructed in the near
future as per the Capital Improvement Plan. He said the
budget does not reflect the improvement.
Vice Chairman Beutner said in order to go to building i2 from
the main drive, a U turn is necessary and the radius is not
wide enough. He also said there are no dimensions given on
the entrances and requested the road name be changed to NW 88
Avenue instead of Pine Island Road.
Mr. Rubin suggested the driveway south of building i2 be an
exit only and one additional 5-foot wide island be provided in
the second parking bay east of the main center, south side of
the main entrance road.
o I
0
Oac-17-98 00:53 J_E.JACOBS 703 594 2187 P.01
INDEMNIFICATION, HOLD HARMLESS AND RELEASE FORM
tes Lid (Hereinafter "Refundee") for and in consideration of receiving froth the City of
Tamarac (hereinafter "City") a refund of a cash Bond(s) in the amount of S40 011().(10, posted on 11/12 R5,
for TraMj light bond, paid to the City, acid hereby states the folloµing:
Refttndee's corporation was adminisirafively dissolved on 05/10/91and Harold S. Werial who held the
offrce of Director President, is authorized to act on behalf of the dissolved corporation.
Refundec and Harold S. Wenal personally shall indemnify and hold the City, its officers, employees and
agents hartnless and defend the City, its oftioers, emtployees and agents from any and all claims. causes of
action in law or equity, damages, liability, and expenses, including attorneys fees, resulting from, arising
out of or occurring in connection with the cash bond describe above,
By signing below Harold S. WenAI acknowledges and warrants that he/she has been given authority by
Reftmdee to mceive the assds of the dissolved corporation and bind Refundec to the terms of this
IndCrttuification, Hold Ham -dogs and Release Form.
Said cash and refund should be made payable to Mcnab Avwiates Ltd, and mailed to Mr. Harold S.
W npl, 3200 Fort Royal Drive N, St 1712 art 1, iuderdalr FL 33309.
By
signature
Harold.S cual,....,
Name (Printout or Type)
Mcnah ANyocitcs Ltd
company
3200 Port Roval,. Drivc, N. Ste „1712
Address
Fsr3.auderrial...II, 333J 8
City, states zip
^,� (954) 493-5.i 7()
STATE OF �l>ti+�'t Ph-0 Kumbcr
COUNTY OF
Before me personally appeared5— to me well known at,d know a
to Inc to be the person described in or who produced identification (type of identification:
And who executed the foregoing instrwncnl, and acknowledged to and before me that he/she cx witted said
instrument for the purpose therein axpressed_
W1TN12SS my hand and official seal this -7 d,iv
Ndary )'ublic, 3tttc of ' `t c
My commission expires; la W /
Did_ Did Not lake an oath
;< o!'0y e Lillian Pabon ;
+ Notary Public, State of Florida
< P Commission No. CC 517538 ;
MY Commission Expires 12/12/99 >
140NMOTARY - Fia Notary service & Boadiat Co. >
Prim or r'yTW Name ofNcitxry
Associates. III Inc. Consultants and A
1 21 Garman Dr,
Nokesville, Virginia 20181-2734
Attn: Ms. Whitney Ness
Dept.: Finance
Tamarac, FL
Fax: (954) 724-1321
Dear Ms. Whitney Ness:
Phone: (703) 594-3100
Fax:(703) 594-2187
Re uest For Release Of Bond
Dated: August , 1998
We believe all necessary work, permits, stabilization, etc..., have been completed on the project
known in your files as:
File: Tam Square West/Mcnab Assocites Account #: Ts
Ltd Bond Date:6 Jan 94
oject Description: Project* 111285
oject Address: Receipt #:
Bond Type: Traffic Signal
If this not the case, please forward a list of any nonconforming or not completed items to us for
attention. Otherwise, Please refund the deposit held by Tamarac, FL in the amount of $40,000.00 plus
applicable interest to:
Mc Nab Assocites Ltd
Attn: Mr. Harold S. Wenal
3200 Port Royal Drive, N. Ste 1712
Fort Lauderdale, FL
Please Consider this request for any additional funds held by you for this developer with
exception of any active construction. It is our intention to have all funds returned to the developer.
Please inform EJD Associates, III, as agent, of refund date and of all other correspondence, by carbon copy. If
you have any questions concerning the above, please feel free to call me at (703) 594-3100.
Sincerely,
derald E. acobs
EJD Associ'lffes III Inc_