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HomeMy WebLinkAboutCity of Tamarac Resolution R-94-0443 4 5 6 7 a 10 11 12 13 14 15 16 17 18 19 20 21 22 23 241 25 26 27 28 29 30 31 32 33 34 35 Temp. Reso. # 6649 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-94-�-V A RESOLUTION AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE AN AGREEM'ZNT WITH PULTE HOME CORPORATION FOR THE UTILIZATION OF THE LOCAL TRAFFIC IMPACT FEES AND BEAUTIFICATION FEES CHARGED TO PULTE HOME CORPORATION FOR OFF -SITE IMPROVEMENTS NEAR LAND SECTION 6 NORTH AND SOUTH, CAPTIVA/SANIBEL PROJECT, LOCATED WEST OF NW 108 TERRACE BETWEEN McNAB ROAD AND SOUTHGATE BOULEVARD; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: That the appropriate City Officials are hereby authorized to execute an Agreement with Pulte Home Corporation for the utilization of the local traffic impact fees and beautification fees charged to Pulte Home Corporation for off -site improvements near Land Section 6, North and South, Captiva/Sanibel project, located west of NW 108 Terrace between McNab Road and Southgate Boulevard, a copy of said agreement being attached hereto as "Exhibit I". SECTION 2: That the City Clerk is hereby authorized and directed to record said agreement in the public records of Broward County, Florida. SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. ACTION 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. C 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 241 25 26 27 28 29 30 31 32 33 34 35 SECTION 5: This Resolution shall become effective immediately upon adoption. ,l PASSED, ADOPTED AND APPROVED thiss23 day of ,1994. ATTEST: CAROL A. EVANS, CMC CITY CLERK I HEREBY CERTIFY that I h ap�red this Resolut�as f dyrd . r RMAN ABRAMOWITZ MAYOR RI~.CORD OF COUNCIL VC " 'kAzn—HELL RAF IIAAYOR ATTORNE DISTRICT 1:14z- DISTRICT 2•e S k DISTRICT 3: q: -sc E DISTRICT 4: Ow ^'I t+,—V 0 e,sY-4q, AaRREMENT This Agreement is executed on this ,?c,-' day of 1994 by and between PULTE HOME CORPORATION, a Michigan corporation ("Pulte") and the CITY OF TAMARAC, a Municipal corporation of the State of Florida ("City"). City has issued a revised Development Order for Land Section 6 (Sanibel/Captiva) project pursuant to City of Tamarac Resolution No. R-93-109 ("Development Order") wherein Pulte is the stated developer. City and Pulte have agreed that fees required to be paid in connection with the Development Order for On Site Beautification and Future Traffic Needs may be used for the payment of improvements to be made by Pulte to the perimeter roads around the project. 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 hereto agree as follows: I. The above recitals are true and correct. 2. City agrees that the fees stated in the Development Order for On Site Beautification, pursuant to Paragraph 6 J and the fees due for Future Traffic Needs, pursuant to Paragraph 6 K (herein after collectively referred to as "Fees") may be paid by Pulte performing work and expending monies in connection with landscaping and median improvements in and adjacent to the perimeter roads surrounding the project known as McNab Road, Southgate Boulevard and NW 108th Terrace ("Perimeter Roads"). Pulte shall receive a credit against the Fees due pursuant to the Development Order for all monies actually expended in connection with said improvements to the Perimeter Roads. 3. Pulte shall provide to the City for its staff approval plans for the landscaping and median improvements to be made in and adjacent to the Perimeter Roads. After the City has approved the plans Pulte shall be entitled to accomplish the improvements by paying its contractors for said improvements directly. Upon the presentation to the City of documented evidence of the payment and amounts for the various improvements, Pulte shall be given credit for Fees in the same manner as if cash had been paid directly to the City for these Fees. Pulte may present documentation for credit from time to time as work is accomplished for partial credits. 4. If the monies less than the Fees, then prior to the issuance o 5. If the monies exceed the Fees, then applied to other fees. actually expended for the improvements are Pulte shall pay the remainder of the Fees f the first building permit of Phase II. actually expended for the improvements the excess improvement costs cannot be agreement.6 ATTES ' OORPOFIATM PULTE HOME CO 0 IO l Ely' F,4e4 Clel�l' (Corporate seal) STATE OF R.OR DA SS COINTYC>F 1 HEREBY CERTIFY that on this day, before me. an officer duty authorized in the State a7teyw—�ledthe anty foresaid take acknowledgments, psreanak `eto me to be the persons) described in end fo golnimetro nt and�acinowledged before me and under oath thaixsouted the same. WITNESS my hand and official seal this O—k day 19 PUBLIC, Stets of Florida at Large3 SUZANNE DY fYE A MY COMMISSION N CC 325863 g.t ML k= O(PIFiE3: Navan6r t2 1997 (Name of Notary Public.' Print. Stamp, or Type as Commissioned) ( Pereonaily known to me, or Produced identification Type of l.D. Produced ( ) 010 take an oath, orw b10 NOT take an oath. CJ ATTEST: By: Carol A. Evans, CMC City Clerk F- -1 LJ City of Tamarac By: A!�I orman Abramowitz Mayor 4 oa� Robert S. Noe, 7r. Citv Manager City Attorney ii a (� W ; I a z ,. I .. q U } Nt 0 t O Z a h CAP7iVA' v Q c 3• � I I I 0 16 C rPRESS - C,y FEF CA 7fp- — - - - ��-n it - � �...::•:~ �:..�.w_'..-.. I• j � � N`•,�1 e,,.a�,T i � � ��L LW .04 lk r'.zwo T R 13 Qcz TR 14C lr�.'tM TR 158 I w I or OL K. �C W fj•i f �. `r1 rt s to , FAIRFAX I I DEVON ` TR 15 A h?P 1 I I CLAIRMONT a alb-� w. WO ow TR 11 ;w_r Wry 19 A 3HNiC)NT 115—4lq,\, 4 y °• M.Y11 N. M To S T. MAM msmr N rr 1E TR 23 tSTR 2 I JEKOVO KINGS POINT J 1 R EC. J(115-27) �I f- L O C A `r / OA/ r I � ELFORT - r — — G o I.P TAMARAC I x w 1!+ =w � Ifi -9f'1 A. Mr. Ar r