HomeMy WebLinkAboutCity of Tamarac Resolution R-93-1691
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Temp. Reso. # 6593
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-93-�
A RESOLUTION AUTHORIZING THE APPROPRIATE
CITY OFFICIALS TO EXECUTE AN ESCROW
AGREEMENT OFFERED BY THOMAS BENNETT,
TRUSTEE, CONCERNING THE PROJECT KNOWN AS
MCNAB ROAD SUBDIVISION; AND PROVIDING AN
EFFECTIVE DATE.
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TAMARAC, FLORIDA:
10 SECTION 1: That the appropriate City officials
11 are hereby authorized to execute an Escrow Agreement offered by
12 Thomas Bennett, Trustee, concerning the project known as McNab
13 Road Subdivision, located east of NW 70th Avenue, North of
14 McNab Road, a copy of said agreement being attached hereto as
15 "Exhibit 111.
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SECTION 2: This Resolution shall become effective
upon adoption. 4
1e PASSED, ADOPTED AND APPROVED this S '
19 1993.
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25 TTEST:
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27 CAROL A. EVANS, CMC
CITY CLERK
2 8 MAYOR
DIST 1:
29 HEREBY CERTIFY that I have DIST. 2:
Ipproved this Res p1 ution as DIST. 3-
30 o Avrm. A - DIST. 4:
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!FCHE L S. KRAFT
CITY TT Sy
RECORD OF COUNCIL VOTE
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ESCROW AGREEMEENT
THIS AGREEMENT is made this day of December, 1993 by and between the
CITY OF TAMARAC, a municipal corporation of the State of Florida ("CITY"), whose address
is 7525 Northwest 88th Avenue, Tamarac, Florida, THOMAS W. BENNETT, TRUSTEE
("BENNETT"), whose address is 6 Portside Drive, Fort Lauderdale, Florida 33316 and
CAROL A. EVANS, City Clerk, whose address is 7525 Northwest 88th Avenue, Tamarac,
Florida ("ESCROW AGENT").
WHEREAS, BENNETT is under contract to purchase that certain real property
located in the City of Tamarac, Broward County, Florida, more particularly described on
Exhibit "A" attached hereto and made a part hereof ("Property"); and
WHEREAS, as a condition to closing on the Property by BENNETT, he must obtain
a re -zoning of the Property and obtain approval of the proposed site plan from CITY; and
WHEREAS, BENNETT and CITY desire for the Property to be developed, and desire
to cooperate with each other to allow BENNETT to purchase the Property; and
WHEREAS, BENNETT has voluntarily agreed to execute certain development
documents more particularly described herein, which documents will be held in escrow
pursuant to the terms and conditions of this Agreement; and
• WHEREAS, CITY has enacted those certain ordinances and/or resolutions as more
particularly described herein, the enforcement of which is contingent upon the terms and
conditions of this Agreement; and
WHEREAS, the parties hereto desire to set forth the terms and conditions for the
creation of the escrow and the terms and conditions for the release of the escrowed
documents by ESCROW AGENT.
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the
parties hereto agree as follows:
1. Recitals. The Recitals set forth above are true and correct and are
incorporated herein by reference.
2. Rezoning,CITY has adopted Ordinance No. AW , dated December 8,
1993 ("Rezoning Ordinance"), which re -zones the Property from R-3U to RM-10.
3. Site Plan CITY has adopted Resolution No. S_vR9 dated December 8,
1993 ("Site Plan Approval"), which approves the site plan presented by BENNETT as sixty
(60) single-family zero -lot line homes.
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4. 3Ya er & .Semm Agmement. BENNETT has executed and delivers
herewith that certain Water & Sewer Developer's Agreement for the providing of water and
sewer service to the Property ("Water & Sewer Agreement"),
5. Deed RReAriction. BENNETT has executed and delivers herewith that
certain Deed Restriction, as more particularly set forth on Exhibit "B" attached hereto and
made a part hereof ("Deed Restriction"). Said Deed Restrictions restricts the form and type
of development which can be made to the Property as sixty (60) single-family zero -lot line
homes. BENNETT represents that said Deed Restriction has been executed voluntarily, shall
be a covenant running with the land upon the ownership of the subject property by
BENNETT and the monies pursuant to Paragraph 8 and the recording of the Deed
Restriction in the Public Records of Broward County, Florida.
6. Lift -Station. BENNETT has executed and delivers herewith that certain letter
dated November 23, 1993, a copy of which is attached hereto as Exhibit "C", and made a part
hereof ("Lift Station Letter"), regarding BENNETT's willingness to repair or replace the lift
stations necessary to provide adequate service to the Property.
7. Delivery f Document to EscrgmAgent, Upon execution of this Agreement by
CITY and BENNETT, ESCROW AGENT shall take possession of the Zoning Ordinance, Site
Plan Approval, Water & Sewer Agreement, Deed Restriction and Lift Station Letter (these
documents collectively referred to as Escrowed Documents"), which ESCROW AGENT shall
hold in accordance with the terms and conditions of this Agreement.
8. Release of Escrowedm The Escrowed Documents shall be released
only upon either of the following conditions:
. A. Upon the payment of BENNETT to CITY of those certain park and
recreation fees in the sum as determined in accordance with Section 10-296 of the Code of
Ordinances of the City of Tamarac and the payment of those certain local traffic impact fees
of $12,660.00, which payment shall occur no later than ninety (90) days after CITY informs
BENNETT, in writing of the amount due for the park and recreation fees due hereunder, the
Escrow Agent shall:
(i) Record in the Public Records the Rezoning Ordinance;
GO Record the Site Plan Approval in the Public Records of the City
of Tamarac, as being in force and effect;
(iii) Record the Water & Sewer Agreement in the Public Records of
the City as being in force and effect;
(iv) Record the Deed Restriction in the Public Records of Broward
County, Florida;
(v) Record the Lift Station Letter in the Public Records of the City
as being in force and effect.
Further, CITY shall provide written notification to BENNETT and ESCROW AGENT that
all conditions for the release of the Escrowed Documents pursuant to this Alternative A have
been satisfies and that the Escrowed Documents be released and BENNETT shall thereafter
be entitled to proceed with the development of the Property in accordance with the Site Plan.
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B. In the event BENNETT fails to pay to CITY those certain park and
recreation fees in the sum as determined in accordance with Section 10-296 of the Code of
Ordinances of the City of Tamarac and the payment of those certain local traffic impact fee
12,660.00, within ninety (90) days after CITY informs BENNETT, in writing of the amount
due for the park and recreation fees, CITY shall designate in writing delivered to ESCROW
AGENT and BENNETT that payment has not been timely made and that all of the Ecrowed
Documents shall be deemed null and void and shall be returned to CITY with a notation
signed by BENNETT and CITY confirming their invalidity and unenforceability.
9. R-espQnsibilitiesf Escrow Agent,
A. The parties hereto acknowledge and agree that ESCROW AGENT is
holding the Escrowed Documents for their accommodation and without compensation on such
account. The ESCROW AGENT shall not be liable for any mistake of fact or law or error of
judgment or any acts or omissions of any kind unless caused by its willful and knowing
misconduct. The ESCROW AGENT shall be entitled to rely on any instrument or signature
(including photostatic or facsimile copies) reasonably believed by it to be genuine and may
assume that any person purporting to give any writing, notice or instruction in connection
with this Agreement is duly authorized to do so by the party on whose behalf such writing,
notice or instruction is given.
B. ESCROW AGENT shall receive no compensation for acting as escrow
agent hereunder.
C. BENNETT acknowledges that ESCROW AGENT is an employee of the
• CITY and agrees that the ESCROW AGENT may be represented by the City Attorney in any
legal action commenced in connection with this Agreement and shall not be disqualified from
so acting by reason of its acting hereunder.
D. Upon delivery of all of the Escrowed Documents as provided
hereinabove, ESCROW AGENT shall automatically be released from any and all further
duties and obligations under this Agreement.
E. ESCROW AGENT hereby covenants that, so long as this Agreement
remains in effect, it will not release to any person any of the Escrowed Documents except as
herein provided, or as may be ordered by a court of competent jurisdiction.
F. In the event of any disputes under this Agreement sufficient in the
discretion of ESCROW AGENT to justify its doing so, ESCROW AGENT shall be entitled to
tender into the registry or custody of the Clerk of the Circuit Court for the Seventeenth
Judicial Circuit of Florida all Escrowed Documents in its possession under the terms of this
Agreement, together with such legal pleadings as it deems appropriate, and thereupon to be
discharged from all further duties under this Agreement.
10. Notices. Whenever any party desires to give notice to the other, it shall
be given by written notice, sent by prepaid certified United States Mail, with return receipt
requested, addressed to the party for whom it is intended, at the place specified as the place
for giving of notice, which shall remain such until it shall have changes by written notice in
compliance with the provisions of this paragraph. For the present, the parties designate the
following as their respective places for giving of notice:
FOR CITY: CITY MANAGER
CITY OF TAMA.RAC
7525 NW 88th Avenue
Tamarac, Florida 33321
With Copy to: MITCHELL S. KRAFT, ESQUIRE
CITY ATTORNEY
7525 NW 88th Avenue
Tamarac, Florida 33321
FOR BENNETT: THOMAS W. BENNETT, TRUSTEE
6 Portside Drive
Fort Lauderdale, Florida 33316
With Copy to: LES H. STEVENS, ESQUIRE
6363 NW 6th Way, Suite 420
Fort Lauderdale, Florida 33309
FOR ESCROW AGENT: CAROL A. EVANS, CITY CLERK
CITY OF TAMARAC
7525 NW 88th Avenue
Tamarac, Florida 33321
11. Severability- If any section, subsection, sentence, clause, phrase or portion of
this Agreement is for any reason held invalid or unconstitutional by any court of competent
jurisdiction, such portion shall be deemed a separate, distinct and independent provision and
such holding shall not affect the validity of the remaining portions hereof.
12. Governing „Law- This Agreement shall be construed and enforced in
accordance with the laws of the State of Florida.
13. Modification. No modification to this Agreement shall be effective unless it is
in writing executed by the parties hereto.
14. Captions, The captions for each of the paragraphs of this Agreement are
merely descriptive and for identification purposes only, and shall not be considered in any
interpretation of said paragraph.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective
as of the day and year first written above.
0 ATTEST:
B 'tvo�
Y•
DINA McDERMOTT,
Interim City Manager
CAROL A. EVANS,
City Clerk
Witnesses:
7f4i�r . kA
Mom. i
escrow.agr
120293.2
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CITY OFT C
By:
L. ENDER, Mayor
Date:
ESCROW AGENT:
��, �� -e- - A--Q—
CAROL A. EVANS, City Clerk
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EXHIBIT "A"
LOTS 1 THROUGH 13, BLOCK W, 'McNAB COMMERCIAL SUBDIVISION'
ACCORDING TO THE PLAT THERETO RECORDED IN PLAT BOOK 71, PAGE 13
. OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA.
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- EXHIBIT "B"
DEED RESTRICTION
THOMAS W. BENNETT, TRUSTEE
we]
PUBLIC
LOTS 1 THROUGH 13, BLOCK W, "McNAB COMMERCIAL
SUBDIVISION' ACCORDING TO THE PLAT THERETO RECORDED IN
PLAT BOOK 71, PAGE 13 OF THE PUBLIC RECORDS OF BROWARD
COUNTY, FLORIDA.
THOMAS W. BENNETT, TRUSTEE, the owner of all of the foregoing described
lands, does hereby impress on said lands the covenants, restrictions and servitudes as
hereinafter set forth.
1. USE. A maximum of sixty (60) single family zero -lot line homes may be
constructed upon the above -described zoning, so long as the zoning on the property is RM-10.
Recreational amenities to serve said homes may also be constructed as approved by the City
of Tamarac.
2. ENFORCEABILITY. This restriction may be enforced by the Declarant,
his successors or assigns, and the City of Tamarac, a municipal corporation, its successors
or assigns.
. 3. DURATION. The foregoing restriction shall ru ��d
th the I and shall
all persons claiming ownership or use of any portions of sat�/ 0 p� ut y.
STATE OF FLORIDA )
) SS
COUNTY OF BROWARD )
I HEREBY CERTIFY that on this day before me, an officer duly qualified to take
acknowledgments, personally appeared THOMAS W. BENNETT, individually and as Trustee,
[ X] who is known to me [ ] who has produced as identification to
be the person described in and who executed the foregoing instrument, [ ] who took [ x ]
did not take an oath, and acknowledged before me that he executed the same.
TNESS my hand and official seal in the County and State last aforesaid this
day of ,u� pig F3
OTARY P
STATE OF FLORIDA
Print Name: � �- ,S-T7�•✓s
My Commission Expires: [.
NOTARY PUBLIC STATE OF FLORIDA
mv COMMISSION EXP. MAR. 5,1994
HOijL,L: THRU GENERAL INS. UND.
R-53-16�
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December 8, 1993
Mr. Gordon Sparks
City of Tamarac
7525 NW 88th Avenue
Tamarac, Florida
RE: Block W, McNab Commercial Subdivision No. 1
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Dear Mr. Spark:
Upon my purchase of the property described as:
Lots 1 through 13, inclusive, of Block W, McNab Commercial, Subdivision No. 1, as
recorded in Plat Book 71, page 13 of the Public Records of Broward County, Florida
("Property"),
and the completion of all conditions under the Escrow Agreement with the City of Tamarac,
it is agreed that upon my development of the Property, I agree to make all repairs to the
existing lift station(s) necessary to provide adequate service to the Property, as developed.
An engineer, on my behalf will analyze the existing lift station(s) capacity and recommend
any repairs or replacements, which repairs or replace is will be included in the al
engineering drawings to be submitted to the City el ive to the construction rp
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development of the Property. //
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