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:
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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
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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,
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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.
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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.
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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
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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�
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ATTEST:
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CORPORATE SEAL
STATE OF FLORIDA
SS
COUNTY OF
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My commission expires:
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04/21/95
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Commission No.
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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.
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CORPORATE SEAL
STATE OF F�LORIDA
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Address
day of
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AGREEMENT BETWEEN
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BROWARD COUNTY THE C TY/ WN
RELATING TO THE ISSUANCE OF
PROGRESS
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BUILDING PERMITS WHILE PLATTING IS IN
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CORPORATE SEAL
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COUNTY OF �� SS
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Signature
Name printed
Address
day of
19
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Commission No.
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AGREEMENT BETWEEN BROWARD C UNTY TH C. 'OW�
Tamarac �dein r� b DAv.�orp oe ay.
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RELATING TO THE ISSUANCE OF BUILDING PERMITS WHILE PLATTING IS
PROGRESS
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CORPORATE SEAL
STATE OF FLORIDA
COUNTY OF
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day of
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day of 19L5`.,.
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day of
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EXHIBIT "A"
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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
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