HomeMy WebLinkAboutCity of Tamarac Resolution R-94-0452
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CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-94-
A RESOLUTION AUTHORIZING THE APPROPRIATE
CITY OFFICIALS 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 8, PLUM
BAY/PLUM HARBOR PROJECT, LOCATED ON THE
NORTHEAST CORNER OF COMMERCIAL BOULEVARD
AND NOB HILL ROAD; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY;
AND PROVID-ING ANLEFFECTIVE 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 8,
Plum Bay/Plum Harbor project, located on the northeast corner
of Commercial Boulevard and Nob Hill, Road, a copy of said
agreement being attached hereto as "Exhibit 1"...
SECTION.2: That the City Clerk is hereby authorized and
directed to record said agreement in the public records of
Broward County, Florida.
All resolutions or parts of resolutions in
conflict herewith are hereby repealed to the extent of such
conflict.
2ECTTON„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.
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SECTION 5: This Resolution shall become effective
immediately upon adoption. p
PASSED, ADOPTED AND APPROVED this .Z,4 day of ,1994.
I` 4- NORMAN ABRAMOWITZ
MAYOR
ATTEST:
CAROL A. EVANS, CMC l -
CITY CLERK
I HEREBY CERTIFY that I hav
- ap-roved this Resoluti as
Aorm. ZI
MITCHELL S."K1(AFT/
ATTORNEY FREcom OF CODICIL VCR
MAYOR
DISTRICT 1:V11 Tom- ►
DISTRICT 2-
DISTRICT 3:
DISTRICT 4: Qtdi
.!
AGREEMENT
This Agreement is executed on this : day of ,)"�et-tze 4
1994 by and between PULTE HOME CORPORATION, -aMichigan 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
8 (Plum Bay/Harbor) project pursuant to City of Tamarac Resolution
No. R-93--110 ("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:
1. 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 Nob Hill Road, Commercial
Boulevard and NW 94th Avenue ("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 actually expended for the improvements are
less than the Fees, then Pulte shall pay the remainder of the Fees
prior to the issuance of the first building permit of Phase III.
5. If the monies actually expended for the improvements
exceed the Fees, then the excess improvement costs cannot be
applied to other fees.
agreement.8
z- C� 4- 4�'
ATTEST:
ri 4-
(Corporate Seal)
STATE OF FLOFtIO & .
: SS
CORPORATION:
PULTE HOME C
-in
N1
CaNrYCF
1 HEREBY CERTIFY that on this day, before me, an officer duty authorized in the
Man
resai and 1 the n foresaid to take acknowledgments. persan&lly appeared
to me to be the person(s) described
ho ex ted the foregoing instrument an�acknawledged before me and
under oath that Tk&Aexacuted the same.
WITNESS my hand and official seal thisJy of 1
Y PUBLIC, State of
Florida at Large n� sUZANNE gUVEp
, ; = MY COMMISSION i cc 32M
I 4z EXPIRES: November 12, IM
bonded Thru Fbt" PUNC Uno wft"
(Name of Notary Public:
Print. Stamp. or Type as
Commissioned)
(�) Personally known to me, or
( ) Produced identification
'Gyps o11A. Produced
( ) DID take an oath, or ( / I DID NOT take an oath.
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City of Tamarac
By: %LH� AUAA�
Norman Abramowitz
Mayor
ATTEST:
M� By: �� ��� . By: v-r
Carol A. Evans, CMC Robert S. Noe, Jr.
is City Clerk City Manager
ADDroved as to form:
Mitchell S. Kraft
City Attorney
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