HomeMy WebLinkAboutCity of Tamarac Resolution R-96-119October 25, 1995 - Temp. Reso. #7239 1
Revision No. 1 - March 13, 1996
Revision No. 2 - March 26, 1996
Revision No. 3 - May 8, 1996
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-96- ► 1
A RESOLUTION OF THE CITY COMMISSION
OF THE CITY OF TAMARAC, FLORIDA,
AUTHORIZING THE APPROPRIATE CITY
OFFICIALS TO EXECUTE AN AGREEMENT
WITH LENNAR HOMES, INC. FOR THE
UTILIZATION OF BEAUTIFICATION FEES
CHARGED TO LENNAR HOMES, INC. FOR
OFF -SITE IMPROVEMENTS TO NOB HILL
ROAD, NW 77 STREET AND NW 96 AVENUE;
PROVIDING FOR CONFLICTS; PROVIDING
FOR SEVERABILITY; AND PROVIDING FOR
AN EFFECTIVE DATE,
WHEREAS, the City has issued and is in the process of issuing development orders
and development permits to Lennar Homes, Inc. for the construction of the Kings Point
development (the "Project"), the legal description of which is attached as Exhibit "A" of the
Agreement; and
WHEREAS, Lennar Homes, Inc. is developing the "Project" in several Pods and
Phases, a listing of which is attached as Exhibit "B" of the Agreement; and
WHEREAS, the City of Tamarac and Lennar Homes inc. agree that certain expenses
directly related to the landscape improvements to be made by Lennar Homes, Inc. as part
of the "Project" ("Landscape Improvements") shall be applied from time to time to fees
required to be paid to the City of Tamarac in connection with the development orders and
development permits for on -site beautification ("Landscape Fees"); and
WHEREAS, the City of Tamarac shall review and approve plans for the "Landscape
Improvements", and after the City has reviewed and approved said plans, Lennar Homes,
October 25, 1995 -Temp. Reso. #7239 2
Revision No. 1 - March 13, 1996
Revision No. 2 - March 26, 1996
Revision No. 3 - May 8, 1996
Inc. shall construct and install the "Landscape Improvements"; and
WHEREAS, the City staff shall inspect the "Landscape Improvements" as constructed
and installed by Lennar Homes, Inc.; and
WHEREAS, if the "Landscape Improvements" as constructed and installed by Lennar
Homes, Inc. are built in substantial compliance with the approved plans, the City of Tamarac
will credit the cost of the improvements against the on -site beautification ("Landscape Fees")
owed by Lennar Homes, Inc. to the City of Tamarac; and
WHEREAS, the Director of Community Development recommends approval of the
Agreement; 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 execute an Agreement
with Lennar Homes, Inc. for the utilization of beautification fees charged to Lennar Homes,
Inc. for off -site improvements within the Kings Point development located along Nob Hill
Road, NW 77 Street and NW 96 Avenue.
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.
I
October 25, 1995 -Temp. Reso. #7239 3
Revision No. 1 - March 13, 1996
Revision No. 2 - March 26, 1996
Revision No. 3 - May 8, 1996
SECTION 2: That the appropriate City Officials are hereby authorized to
execute an Agreement with Lennar Homes, Inc. for the utilization of the Beautification Fees
charged to Lennar Homes, Inc. for off -site improvements within the Kings Point development
located along Nob Hill Road, NW 77 Street and NW 96 Avenue; a copy of said Agreement
being attached hereto as Exhibit "1 ".
5ECTION-3: That the City Clerk is hereby authorized and directed to record
said Agreement in the Public Records of Broward County, Florida.
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.
L
passage and adoption.
October 25, 1995 - Temp. Reso. #7239 4
Revision No. 1 - March 13, 1996
Revision No. 2 - March 26, 1996
Revision No. 3 - May 8, 1996
This Resolution shall become effective immediately upon its
PASSED, ADOPTED AND APPROVED this
ATTEST:
CAROL A. EVANS
CITY CLERK
I HEREBY CERTIFY that I
have approved this
RESOLUTION as to form.
4hMAITCHELL S. KR
CITY ATTORNEY
community development\c:\userdata\wpdata\res\kingptag\ps
1
p Q/L day of , 1996.
dr*440 A, W4
NORMAN ABRAMOWITZ
MAYOR
MAYOR
DIST. 1:
DIST. 2:
DIST. 3:
DIST. 4:
ME
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EXHIBIT "A"
LEGAL DESCRIPTION - WELD,ON
ALL OF PARCEL "W" OF THE PLAT OF "KINGS POINT REPLAT" AS
RECORDED IN PLAT 156 AT PAGE 3 OF THE PUBLIC RECORDS OF
BROWARD COUNTY, FLORIDA AND CONTAINING 36.22 ACRES, MORE OR
LESS.
0
EXHIBIT "B"
SOUTHGATE BOULEVARD
s
r LOMBARDY
EXETER A
•••"" 1, ,HUNTINGTON t /
Tltwr
GRANVILLE SEDGEFIELD i! KFORO
%/ •�'� YORKSHIRE WELDON',
rnr r.fnf •
15 Of I.
�
pEVQN O Iv. 776h. SIRE
Y
KNlf�l
a MILMML
o AND
1" Off 1rc Siil�
i' ��uf+��•1Af�lO�
FAIRFAX t SAL �I•
"NO
r40 cc ,
• BELFORT
CLAIRMONT \
ASHMONT
r�- � MALVERN
N.W. list. PLACE
0
lcwgsTolqt
I I MCNAB ROAD
-
DEVELOPMENT I
111/1 INDICATES LIMITS OF LANDSCAPE AGREEMENT
EXHIAiT
"C"
WELDON
LANDSCAPINC3
FEES
RESIDENTIAL
Trees:
652 Units x 2
1304
Parking spaces 978 10
_ 98
Total. Trees:
1402
x $100.00 =
$140,200.00
Sod: 788,872 sq. ft.
x $ .11 =
$ 86,775.00
Shrubs: 1,400
x $ 7.00 =
.$ _ 9,800.00
Total Cost:
$236,775.00
Fee Rate
$236,775.00
0215
.
Total Fee
.
$ 16,929.41
Per Unit V 652
$ 25.96
,TIQM PARCEL
66,211 sq. ft. V 2000
33 Trees
x 100 =
$ 3,300.00
Total Cost
$' 3,300.00
.0715
Fee Rate
$ 235.95
TOTAL
$ 17,165.36
FTL00309:3
This Agreement is executed on this I day of 1qaV ,
1994, by and between LENNAR HOMES, INC., a Florida corp ration
with a post office address at 7W Alab �:Ta rm , Florida 321,
("Lennar") and the CITY OF TAMARAC, a municipal corporation of the
State of Florida ("City").
WHEREAS, the City has issued and is in the process of issuing
development permits for Lennar's Kings Point project, the legal
description of which is attached as Exhibit "A" ("Project"); and,
WHEREAS, Lennar is developing the Project in several pods and
phases, a listing of which is attached as Exhibit "II" ("Phases");
and,
WHEREAS, the City and Lennar agree that certain expenses of
landscape improvements to be made by Lennar within the City as part
of the Project ("Landscape Improvements") shall be applied from
time to time to fees required to be paid to the City in connection
with the development orders and development permits for on -site
beautification ("Landscape Fees").
NOW, THEREFORE, for the sum of $10.00 and other good and
valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, the parties agree as follows:
1. The above recitals are true and correct.
2. The City shall review and approve plans for the Landscape
Improvements provided by Lennar to the City. After the
City has reviewed and approved said plans, Lennar shall
construct and install the Landscape Improvements.
3. Lennar shall notify City upon completion of installation
of the Landscape Improvements. The City shall accept the
Landscape Improvements within five (5) days of
notification by Lennar and upon verification by the City
that the Landscape Improvements are substantially
complete. The Landscape Improvements shall be considered
0 substantially complete when sod, shrubs, trees and
__L:30309-4
C7
irrigation materials have been installed. The City shall
notify Lennar in writing of any items not consistent with
the approved plans within ten (10) days of notification
by Lennar of completion of the Landscape Improvements.
Lennar shall use reasonable speed in responding to
written comments of the City.
4. Through presentation to the City from time to time of
evidence of the expenses of the Landscape Improvements,
Lennar shall receive a credit against Landscape Fees for
portions of the project in the same manner as if cash was
paid directly to the City for the Landscape Fees. Lennar
shall maintain a ledger (the form of which is attached
hereto as Exhibit "C") of the total Landscape Fees owed
for each individual Phase and shall deduct from the total
amount of Landscape Fees owed all amounts expended for
the Landscape Improvements.
S. If the monies expended for the Landscape Improvements are
more than the Landscape Fees, for any Phase, then Lennar
shall be entitled to apply the amount spent which exceeds
the Landscape Fees as a credit toward the amount owed for
any subsequent Phase. If the monies expended for
Landscape Improvements are less than the Landscape Fees,
then Lennar shall_ pay any outstanding Landscape Fees
prior to the issuance of the first building permit on any
subsequent Phase of the Project.
6. Any amounts paid by Lennar for the Landscape Improvements
in excess of the Landscape Fees shall not be applied to
any other fees owed by Lennar.
7. This Agreement shall be binding upon and inure to the
benefit of Lennar and the City, their respective
successors and assigns.
8. Whenever any of the parties desire 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
FTL:30309:4
r�
paragraph. For the present, the parties designate the
following as the respective places for giving notice:
For the City: City of Tamarac
7525 N. W. 88 Avenue
Tamarac, FL 33321
Attn: City Manager
With a copy to: Mitchell S. Kraft, Esquire
City Attorney
7525 N.W. 88 Avenue
Tamarac, FL 33321
For Lennar: Michael J. Smolak
Lennar Homes
7600 Nob Hill Road
Tamarac, FL 33321
With a copy to: Dennis D. Mele, Esquire
Ruden, McClosky, Smith,
Schuster & Russell, P. A.
P. O. Box 1900
Fort Lauderdale, FL 33302
ATTEST
CAROL A. EVANS, CMC
City Clerk
CITY OF TAMAR.AC
!M
Date: 5~31- 6 V
By : 1 ` �— �)
ROBERT S. NOE, JR.
City Manager
Date: .5-31-9
FTL:30309:4
C� J
•
STATE OF FLORIDA
SS:
APPR,C7D AS TO FORM:
r
i
$'y
i
r MITCHELL S. FT
City Attorney
I HEREBY CERTIFY that on this day, before me, an officer duly
authorized in the State aforesaid and in the County aforesaid to
take acknowledgments, the foregoing instrument was acknowledged
before me by ROBERT S. NOE and CAROL A. EVANS, the City Manager and
City Clerk, respectively, of THE CITY OF TAMARAC, a municipal
corporation of the State of Florida, freely and voluntarily under
authority duly vested in them by said municipal corporation. They
are personally known to me.
WITNESS my hand and offic'al seal in the County and State last
aforesaid this � day of 199
�JJJ1r�VllllllllJ.'111lJllh+JllJ!)lllJ!!lllJl7JH!!�
Kamn Jackson > .
t" Notary Public, State of Florida ;
' Commission No. CC 539151
of Huh My Commission Expires 05/14/00 ;
! I.8(4-3•,46TARY - FW Notary Semee R BOMWg Co.
My Commission Expires:
'PQ-" -
Not ry i6f
Typed, printed or stamped name of
Notary Public
FTL:30309:4
'/- -- - ': �7-' �' - / 1 9
•
•
•
ATTEST
Martin L. Riefs
Assistant SecreAry
STATE OF FLORIDA )
)SS
COUNTY OF BROWARD )
LENNAR HOMES, INC.
BY
Michael J. Smolak
Vice President
(Corporate Seal)
Before me personally appeared MICHAEL J. SMOLAK, who is
personally known to me and did not take an oath and who executed
the foregoing instrument as Vice President of Lennar Homes, Inc.,
a Florida corporation, and acknowledged to and before me that he
executed such instrument as such officer of said Corporation. That
the seal affixed hereto is the Corporate seal of said Corporation
and that it was affixed hereto by due and regular Corporate
Authority, and that said instrument is the free act and deed of
said Corporation.
Witness my hand and official seal this L day of ,
199�.
My Commission Expires:
A'A"4. ROSE SCHWARTZ
F * = MY OOMMWION N CC 44OW
3.s _ EXPIRES: March 27,19%
9or od Thru NMY FLI NC Undeiwi "
4&� Z&AL4� -
Notary Public, Stat of Florida at
Large ,,
(Name of Notary Public: Print,
Stamp or Type as Commissioned)
FTL:30309:4
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EXHIBIT "A"
Legal. Description of Lennar Property
The real property more particularly described as the Kings Point
Plat recorded in Plat Book 156, page 3 of the Public Records of
Broward County, Florida.
FTL:3'309:4
EXHIBI.'T "B"
Phases of Kings Point Project
Exeter
Huntington
Rockford
Sedgefield
Weldon
Yorkshire
FTL:30309:4
le- 96 -- // �
•
•
•
EXHIBIT,"C"
Landscape Ledger for
TOTAL FEE
Credit from
Prior Phase
Credit for
Landscape Improvements
Phase
TOTAL
$ AMOUNT OWED
TOTAL AMOUNT OWED S
FTLz30309:4