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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 A:{IMMMMLOLIDI: 0 r� 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 /,f- q("- //? r� C 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