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HomeMy WebLinkAboutCity of Tamarac Resolution R-95-151June 19, 1995 -Temp. Reso. #7114 1 Revision No. 1 - June 22, 1995 Revision No. 2 - June 28, 1995 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-95-1:�jL A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, APPROVING A TRI-PARTY AGREEMENT BETWEEN BROWARD COUNTY, THE CITY OF TAMARAC AND WEINTRAUB DEVELOPMENT CORPORATION TO ALLOW FOR THE ISSUANCE OF BUILDING PERMITS PRIOR TO PLAT RECORDATION FOR THE "POINTE VILLAS PLAT" LOCATED SOUTH OF NW 77 STREET AND EAST OF NOB HILL ROAD; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, a plat has been submitted by Consul -Tech Engineering identified as the Pointe Villas Plat for approval by the City of Tamarac; and WHEREAS, pursuant to the instructions of the City Commission of Tamarac, Florida, a public meeting has been advertised in accordance with the applicable law of the date, time and place of the meeting regarding the review of the application for a development order by the applicant for development approval; and WHEREAS, in conjunction with the plat approval request, the property owner is requesting approval of an Agreement to allow the issuance of building permits prior to the plat being recorded in the public records; and WHEREAS, the City Commission reviewed the Agreement at a public meeting; and WHEREAS, both Broward County and the City of Tamarac must approve the plat prior to the Agreement being finalized and all impact fees due in the City shall be paid at the time of final site plan approval; and WHEREAS, the Director of Community Development recommends approval of the Agreement; and June 19, 1995 -Temp. Reso. #7114 2 Revision No. 1 - June 22, 1995 Revision No. 2 - June 28, 1995 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 the Agreement requested by Consul -Tech Engineering, Inc., for the Pointe Villas Plat located south of NW 77 Street and east of Nob Hill Road, Petition No. 9-P-94; and 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: That upon recommendation of the Director of Community Development, the Agreement between Broward County and City of Tamarac and Weintraub Development Corp, Lonsdale Dev. Corp. Graclark, Inc., Deercom, Inc. Relating to The Issuance of Building Permits While Platting Is In Progress attached hereto as Exhibit "A", requested by Consul -Tech Engineering, Inc. for the Pointe Villas Plat located south of NW 77 Street and east of Nab Hill Road is hereby approved. SECTION 3: That the Agreement is approved subject to the following conditions: (a) The Agreement is assignable, but an assignment does not discharge any assignee from strict compliance with the terms of the Agreement unless the City Commission and Broward County consent to modify any of the original requirements. SECTION 4: That the appropriate City Officials are hereby authorized and instructed to execute said Agreement. 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, 1 June 19, 1995 -Temp. Reso. #7114 3 Revision No. 1 - June 22, 1995 Revision No. 2 - June 28, 1995 it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 7: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this Gr11*4 1 CAROL A. EVANS CITY CLERK I HEREBY CERTIFY that I have approved this RESQUITION as to forpk MITCHELL LffY ATT community development\c:\userdata\wpdata\res\triparag\ps day of , 1995. IAAqM a ORMAN ABRAMOWITZ MAYOR RECORD OF COMMISSION VOTE MAYOR ABRAMOWITZ DIST. t : V / M KATZ DIST. 2: COMM. MISHKIN DIST. 3: COMM. SCHREIBER DIST. 4: CD AM. UA# wcur "�--- R , 7!5, n or ra ed r C� C&F#234 • 04/21/95 A G R E E M E N T Between BROWARD COUNTY and CITY OF TAMARAC and WEINTRAUB DEVELOPMENT CORP, LONSDA.LE DEV. CORP. GRACLARK, INC., DEERCOM, INC. Relating to THE ISSUANCE OF BUILDING PERMITS MILE PLATTING IS IN PROGRESS R- 1s is/ A G R E E M E N T is Among BROWARD COUNTY and CITY OF TAMARAC and WEINTRAUB DEVELOPMENT CORP., LONSDALE DEVELOPMENT CORP., GRACLARK, INC., DEERCOM, INC. Relating to THE ISSUANCE OF BUILDING PERMITS WHILE PLATTING IS IN PROGRESS This is an Agreement between: BROWARD COUNTY, a political subdivision of the State of Florida, its successors and assigns, hereinafter referred to as "COUNTY," through its Board of County Commissioners; 0 AND CITY OF TAMARAC a municipal corporation, organized and existing under the laws of the State of Florida, its successors and assigns, hereinafter referred to as "CITY;" AND WEINTRAUB DEV. CORP., LONSDALE DEV. CORP., GRACLARK iNC. ,DEERCOM,T9. Successors and assigns, hereinafter referred to as "DEVELOPER." W I T N E S S E T H: WHEREAS, DEVELOPER, is the owner of a certain parcel of land, described in Exhibit "A" attached hereto and known as the THE POINTE VILLAS Plat, Plat No.07-MP-94 , (the "Plat") (Lot all , located on NW 7 S East of Nob Hill Rd. and situated within of Tamara on (Municipality) which parcel of land DEVELOPER contemplates the construction Of 41 single family homes and a recreation area ; and Ch7#234 04/21/95 2 R,q5-/si WHEREAS, the Plat was approved by the Board of County Commissioners on 19 and WHEREAS, DEVELOPER is now desirous of obtaining building permits from the CITY so that DEVELOPER may construct _single family homes and recreation area , hereinafter referred to as the "Improvements," within the boundaries of said Plat; and WHEREAS, the CITY may not ordinarily issue building permits to DEVELOPER for construction of said Improvements within the boundaries of the Plat (Lot all ) , prior to recordation of said Plat; and WHEREAS, on 19 1 the COUNTY authorized the issuance of budding permits by the CITY to DEVELOPER for construction of said Improvements within the boundaries of the Plat (Lot all ), prior to plat recordation; and WHEREAS, DEVELOPER shall be required to pay actual or estimated impact fees to the COUNTY for the Improvements which DEVELOPER wishes to construct prior to issuance of the building permits by the CITY; and WHEREAS, the COUNTY requested and DEVELOPER agreed that, prior to the issuance of building permits, the parties shall enter into an Agreement setting forth specific conditions applicable to the issuance of such building permits; and WHEREAS, this Agreement will facilitate the construction of the Improvements within the boundaries of the Plat (Lot all ), by DEVELOPER during the time that preparation for the reco rd on of the Plat of the property is proceeding; NOW, THEREFORE, IN CONSIDERATION of the promises and mutual covenants hereinafter contained, the parties do agree as follows: 1. The above recitals are true and correct and incorporated herein. 2. The COUNTY represents to the CITY that it does not object to the CITY'S issuance of building permits to DEVELOPER for construction of single family homes and a recreation area (the "Improvements"), within the boundaries of the THE. ZQTNE VTT•T.pS Plat ( Lot all ) , prior to the recordation of said Plat, subject to the following conditions to assure compliance with the Broward County Land Use Plan: (a) No building permit shall be issued by the CITY unless and until DEVELOPER shall document payment of the impact fees which are due for construction of the Improvements, CAF#234 04/21/95 3 /?, q5 -1!5-1 pursuant to Chapter 5, Article IX, Broward County Code of Ordinances, the Land Development Code; said impact fees may be estimated in those instances when the COUNTY is not able to determine actual impact fees at the time of issuance of the building permits; and (b) No certificate of occupancy, which is complementary to the building permits, shall be issued by the CITY unless and until DEVELOPER shall record in the official Records of Broward County said Plat which has been approved by the Broward County Board of County Commissioners; and (c) Should the DEVELOPER fail to record the Plat approved by the Board on f 19 , within eighteen (18) months of the date of approval, or otherwise allow the plat to expire, the building permits issued shall be revoked by the CITY and any improvements constructed pursuant to such permits shall be removed within three (3) months of expiration of the current plat approval unless the plat is reapproved within three (3) months and recorded before expiration of the new approval. The COUNTY shall refund all impact fees paid for building permits where the improvements are demolished. (d) Conditions 2(b) and (c) shall appear on the face of the building permits issued by the CITY. However, failure of the permits to so indicate shall not alter any terms of this agreement or the right of the COUNTY and the CITY to enforce the terms of this agreement. 3. The CITY agrees that any building permits issued for the construction of said Improvements will be issued in accordance with paragraph 2, and the CITY reserves the right to evaluate DEVELOPER'S application for building permits for compliance with all existing laws, ordinances and regulations controlling the issuance of building permits for construction within the CITY. The issuance of building permits shall be at the discretion of the CITY. 4. Nothing in this Agreement shall prejudice the COUNTY'S right to impose conditions on approval of the Plat covering the lands described herein which are required by COUNTY plat ordinances and regulations or are otherwise necessary to insure the public health, safety, and welfare of the residents of Broward County. 5. DEVELOPER agrees not to occupy the Improvements unless and until a certificate of occupancy has been issued. C"0234 04/21/95 4 L� 0 6. In those instances when estimated impact fees are paid they shall be adjusted at the time of Plat recordation and any underpayment or overpayment shall be taken into consideration. 7. The DEVELOPER assumes the risks associated with constructing the Improvements prior to plat recordation. The issuance of the building permits before final plat recordation shall not be considered by DEVELOPER, the COUNTY or the CITY as a grant to DEVELOPER of any vested right whatsoever for the use, occupancy, or completion of the construction of Improvements within the boundaries of the Plat (Lot all ), nor shall the COUNTY or the CITY be deemed estopped from enforcing the terms of this Agreement because of the issuance of the building permits or construction completed pursuant to such permits. Furthermore, if the presently approved plat expires without the plat being recorded, the DEVELOPER shall be required to meet all land development regulations in effect at the time the new plat is submitted and shall be subject to new concurrency determinations. 8. This Agreement shall be recorded in the Public Records of Broward County, Florida, at the DEVELOPER'S expense. Recordation of the POINTE VILLAS Plat shall be an automatic release of the obligations of DEVELOPER set forth herein. CAA#234 04/21/95 R-9S IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the respective dates under each signature: . BROWARD COUNTY through its BOARD OF COUNTY COMMISSIONERS, signing by and through its Chair or Vice Chair, authorized to execute same by Board action on the day of , 19 the CITY, signing by and through its authorized to execute same by Commission/Council action on the day of 19 ; and Weintraub Dev.Corp.,Lonsd-ale Dev. Corp signing by and through its r c ar Inc., eercom, n duly authorized to execute same. ATTEST: County Administrator and Ex- ' Officio Clerk of the Board of County Commissioners of Broward County, Florida BROWARD COUNTY, through its BOARD OF COUNTY COMMISSIONERS By day of Chair , 19 Approved as to form Office of County Attorney for 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 Chr#234 04/21/95 6 /�, qs is-/ L� AGREEMENT BETWEEN BROWARD COUNTY, THE &ITTYLTOWN OF4 �Yll"AC AND CI> RELATING TO THE ISSUANCE OF BUILDING PERMITS WHILE PLATTING IS IN PROGRESS -4L4NS,44.6 []� � -O C,,"C[.9�,�'LNG� CITY CITY OF Witness signature is Cvc\_C) Witness name printed vv-v� ltness signature D Witness name printed ATTEST: o 1- A EVANs City Clerk CORPORATE SEAL STATE OF FLORIDA SS COUNTY OF By a`" ,vo A41 c2,k, day of �. 19 y Reb4&'t5Nev_ City Manager ,$ day of 6t4t — 19 75'— APP OVED AS TO FORM: y C' y #ttorney M r7�c it FLL 5, i4 * F 7' The fore oing instrument was acknowledge before me this Xa s v� who s day . o S byti� Lr,�a.,. e=sona o md�, or who has produce as identification and who did/did not take an oath. My commission expires: G1z319 9' CAF#234 04/21/95 1PRY PUS OFFICIAL NOTARY SEAL �i PHYLLIS POLIKOFF C In COMMISSION NUMBER CC3�0392 MY COMMISSION RXP. oc FCC SEi+ & 'e":r / . r NO Y PUBL C L o[ d Typd rint name �f 3ql� Commission No. 7 0 AGREEMENT BETWEEN BROWARD COUNTY, THE CITY/TOWN OF Tamarac AND Weintraub Dev. Corp;Lonsdale Dev. Corp. RELATING TO THE ISSUANCE OF BUILDING PERMITS WHILE PLATTING IS IN PROGRESS Graclark, lnc., Deercom, inc. DEVELOPER Weintraub Dev. orp. d4,4 . &P Witness ssig�nature Signature �L Eve Jt ` %o .S"774 S MOIE L Witness name printed Name printed A � , �, ))� �; V2-- w to s signa ure Witness name printed CORPORATE SEAL STATE OF F�LORIDA COUNTY OF SS Address day of , 19 The regoing instrument was acknowledged before me this 6V d of 19E`by SS vim- �?/��y as 5- of , t6 �v_ a corporation, on behalf of the corporation. He/-&" is personally known to me d as identification and dad/did not take an oath. My commission expires: 01PR Y p49 OFFICIAL NOTA 00 LL LL NN CDMMi35tON NUSSYTTMAA SSN CC265478 LL (DP F10�\ My COMMISSION FXp. CAF1234 FF 21 1Ac;� 04/21/95 (4aCe__ NOTARY PUB,C Type or print name Commission No. 8 A 60 �', qs-is`/ 0 C AGREEMENT BETWEEN Tamarac BROWARD COUNTY THE C TY/ WN RELATING TO THE ISSUANCE OF PROGRESS AND �LacjiarKbincv, Dee cb_onsldc7e Dev.00orp. BUILDING PERMITS WHILE PLATTING IS IN E Lonsd Witness signature � � Witness name printed tadt )�� W t ss signature j Witness name printed CORPORATE SEAL ISM --'D - • STATE OF FLORIDA COUNTY OF �� SS VELOPER ale Dev. fL"o�p. Signature Name printed Address day of 19 The regoing instrument was acknowledged b fore me this a�� d$tC� 19� �/+�s u W. i,V as j/ V. a corporation, on' behalf of the corporation. He tai�r�is personally known to me d as identification and-d4dydid not take an oath. I ,,PRY p G 1?O T ,p- g a j 1 r l7 OFFICIAL CIAL MOT EIIN ARY SEAL COSTA M 7.i4. s:i r �•+ fir. 4 �OF GOMMIS$Id C M MUMSEPf � My Fp_n KNM S" UMBEVA My commission expires: CAF#234 04/21/95 NOTARY PUB I Type or print name Commission No. 8 B «. L • AGREEMENT BETWEEN BROWARD C UNTY TH C. 'OW� Tamarac �dein r� b DAv.�orp oe ay. AND rac ar ,Inc., Pie cbm, 'Inc. RELATING TO THE ISSUANCE OF BUILDING PERMITS WHILE PLATTING IS PROGRESS Witness signature �L t.r•Gr✓ � � sv�9 Witness name printed A '40k &: Witne,ps ttsignature Witness name printed CORPORATE SEAL STATE OF FLORIDA COUNTY OF DEVELOPER Graclark, inc. r-A4 le'p- SiJ-4)M&E-4- gnature WP-1,d Tv4,vj& Name printed Address day of , 19 00F p . 110 The fo oing instrument was ackDpwledged before me thisc;,?/ dY of 19�� by 19m u %2s�irJi�,�-vt3 as a corporation, on behalf of the corporation. He/she is personally known to me as identification and-d**/did not take an oath. NOTARY PUBS Lftl My commission expires: Type or print name Lo Y AG<p OFFICIAL NOTARY SEAL ELLEN K COSTA :�COMMISSION NUMREI4CC26'j47g F1d \ MY C"I"'i:r.^.lON EXP. CAFIV234 �rzM• :'i 1'1P7 04/21/95 Commission No. 8 C 00 0 AGREEMENT BETWEEN BROWARD COUNTY, THE CITVA WNN pp Tamarac W inr au tfev.co. T _Dev.COYn. AND acar Inc. ~�iee:-co-1, Inc. RELATING TO THE ISSUANCE OF BUILDING PERMITS WHILE PLATTING IS IN PROGRESS DEVELOPER I1eer^om, I. Witness signature G�r.�r✓ dc 6 -r -r7q Witness name printed Witness signature & '7? Witness name printed CORPORATE SEAL STATE OF FLORIDA ) COUNTY OF SS ) Th oregoing instrument wa day of 19L5`.,. of corporation, Signature Name printed Address day of 19 s acknowledged before me this by as /•� M / n.C�, a on behalf of the corporation. He/whe is personally known to me as or pire&tm-ed— identification and-did/di,d not take an oath. My commission expires: ,�p,{2Y p� ORRI O P Clq� ;l`�'"`} F3� L pdTNA S7A 8� e�AR �, *` U 5K5 O CAF#234 r 0%'0' M�VCMtM6LIdsliS�N MOd7 8M OMIS$IdN EXp. 0 04/21/95 11 97 NOTARY P I �- Type or print name Commission No. 8 D /�' 6--1 `1 EXHIBIT "A" • �j LJ LEGAL DESCRIPTION ,ION A PORTION OF TRACTS 23 AND 24 OF THE FLORIDA FRUIT LANDS COMPANY SUBDIVISION NO.2. OF SECTION 5. TOWNSHIP 49 SOUTH, RANGE 41 EAST, AS RECORDED /N PLAT BOOK I. PAGE 102, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 5, THENCE NORTH OO' O6' 44" WEST, ALONG THE WEST LINE OF SAID SECTION 5, A DISTANCE OF 2510.67 FEET: THENCE NORTH 80" Il' 57" EAST, A DISTANCE OF 110.08 FEET TO THE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE CONTINUING NORTH 80' II' 57" EAST, A DISTANCE OF 389.12 FEET; THENCE NORTH 06' 12' 12" WEST. A DISTANCE OF 873.01 FEET; THENCE SOUTH 75' 45' 15" WEST, A DISTANCE OF 129.50 FEET TO A POINT OF CURVATURE; THENCE WESTERLY ALONG THE ARC OF A CIRCULAR CURVE TO THE LEFT. A RADIUS OF 1680.00 FEET, AN ARC DISTANCE OF 168.66 FEET; THENCE SOUTH 00" 06' 44" EAST. A DISTANCE OF 869.03 FEET TO POINT OF BEGINNING. SAID LANDS SITUATE. LYING AND BEING /N BROWARD COUNTY, FLORIDA AND CONTAINING 6.7757 ACRES. HAVING THE «.