HomeMy WebLinkAboutCity of Tamarac Resolution R-90-171Temp. Reso. # -59-=S
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-90- / 7/
A RESOLUTION AUTHORIZING THE APPROPRIATE CITY
OFFICIALS TO EXECUTE AN AGREEMENT BETWEEN THE
CITY OF TAMARAC AND FLORIDA POWER AND LIGHT
FOR THE PLACEMENT OF UTILITY USES ON FPL
PROPERTYt AND PROVIDING AN EFFECTIVE DATE.
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TAMARAC#
FLORIDA:
SECTION It That the appropriate City officials are
hereby authorized to execute an Agreement between the City of
Tamarac and Florida Power and Light, for the placement of
utility uses on FPL property, a copy of said agreement being
attached hereto as Exhibit "A".
SECTION 2: This Resolution shall become effective
immediately upon its passage.
PASSED, ADOPTED AND APPROVED this o- day of -`, 1990.
ATTEST:
CAROL A. EVANS
CITY CLERK
I HEREBY CERTIFY that I have
approved this RESOLUTION as
to form.
' AL F. RUF
INTERIM CTTY ATTORNEY
"FPLutilityuses"
2233062090/t
NORMAN ABRA
MAYOR
TZ
RECORD OF COUNCIL VOTE
MAYO
ABRAMOWITZ
DISTRICT 1:
CIM ROHR .c_
DISTRICT2: _.,,C/M
SC HUMANN
DISTRICT 3:
V/M HOFFMAN
DISTRICT 4:
C/M BENDER
JZ- 4) 0, / t? I
This Agreement is entered into between the City of Tamarac
r
(Tamarac) and Florida Power and Light Company (FPL) as follows:
r
WHEREAS, FPL owns certain property in the City of Tamarac and
has a contract to purchase other adjoining property located in the
City of Tamarac, west of the Sawgrass Expressway and bordering the
conservation area as more particularly described in the attached
Exhibit A (THE PROPERTY); and
iUiEREAs, the majority of THE PROPERTY was designated parks
and recreation on the Broward County Land Use Plan prior to March
1, 1989; and
WHEREAS, FPL wishes to use THE PROPERTY for $00/230 kV
transmission and distribution substation purposes, (collectively
referred to as UTILITY USES); and
WHEREAS, the portion of THE PROPERTY subject to the land use
change is approximately 32 acres; and
WHEREAS, after public hearings by the Broward County Planning
Council and the Broward County Commission, the land use designation
for THE PROPERTY was changed to Utilities on March 1, 1989; and
WHEREAS, on May 23, 1990, Tamarac rezoned THE PROPERTY to
Special Utility; and
WHEREAS, The City hiks signed a Stipulated Settlement Agreement
with the Florida Department of Community Affairs which includes,
in Exhibit B, the affirmative statement that the Tamarac Land Use
Plan will be amended with respect to THE PROPERTY in order to
conform to the Broward County Land Use Plan.
N EREAS, FPL understands that the land use change of such a
large parcel of parks and recreation property to Utilities and the
development of THE PROPERTY as set forth herein, shall have the
effect of reducing Tamarac's inventory of open space and green
area; and
WHEREAS, because of the fact that the City is largely built
out, this diminution of open space and green area has a
particularly acute affect on Tamarac;
A
NOW THEREFORE, BE IT AGREED BY AND BETWEEN THE PARTIES AS
FOLLOWS:
Section 1. The above recitations are true and correct and are
made a part hereof.
Section 2. Tamarac shall cooperate with FPL in the placement
of the UTILITY USES on THE PROPERTY.
Segtion 3. FPL shall pay to the City of Tamarac the sum of
Two Hundred Fifty Thousand Dollars ($250,000), subject to the terms
and conditions below, to be used to compensate Tamarac for the loss
of such a large parcel of parks and recreation property and open
space and green area as aforedescribed and to mitigate the impacts
of the UTILITY USES. The funds shall be paid, held in escrow, and
dispersed as follows:
a. The entire sum shall be paid to Tamarac within thirty
(30) days of the effective date of this Agreement. These
funds shall immediately be deposited in a separate
interest bearing escrow account held specifically for the
purposes set forth herein. No withdrawals shall be made
from the account except as provided for below and only
upon five (5) working days notice;
b. One Hundred Twenty -Five Thousand Dollars ($125,000) of
the funds placed in escrow may be withdrawn upon approval
by Tamarac of the site plan submitted by FPL to Tamarac
for the UTILITY USES if such approval is received prior
to December 31, 1990;
c. If no site plan approval has been received for the site
plan submitted by FPL for the UTILITY USES by December
31, 1990, Sixty -'tiro Thousand Five Hundred Dollars
($620500) of the funds provided for in Section 3(b) may
be withdrawn by Tamarac; the remaining Sixty -Two Thousand
Five Hundred Dollars ($62,500) provided for in Section
3(b) above may be withdrawn upon approval of the site
plan submitted by FPL for the UTILITY USES;
d. The remaining One Hundred Twenty -Five Thousand Dollars
($125,Odo) of the funds placed in escrow and all accrued
0 2
1- I
interest may be withdrawn only upon receipt by FPL of all
permits and approvals necessary for construction of the
UTILITY USES, as set forth in the site plan submitted by
FPL, from all agencies with jurisdiction;
e. If FPL does not receive all necessary permits and
approvals for construction of the UTILITY USES as applied
for from all agencies with jurisdiction by December 31,
1991, all funds paid pursuant to Section 3 (a) through (d)
shall be returned to FPL upon five (5) days notice from
FPL of its failure to obtain the necessary permits for
the site plan for the UTILITIES USES submitted to the
City.
fies ign4. FPL shall move expeditiously to obtain all of the
necessary development permits to construct the UTILITY USES upon
the closing of its purchase of the portion of THE PROPERTY which
it does not presently own. specifically, FPL shall submit an
application for plat approval within ninety (90) days of said
closing and diligently proceed with site plan applications for the
UTILITY USES. Notwithstanding the above, if FPL ever constructs
the UTILITY USES after obtaining repayment of the Two Hundred Fifty
Thousand Dollars ($250,000), pursuant to Section 3(e), FPL shall
repay to Tamarac the .original sum of Two Hundred Fifty Thousand
Dollars ($250,000) within thirty (30) days of receipt of all
permits and approvals necessary to construct the UTILITY USES from
all agencies with jurisdiction.
Segtion S. The drafting of this Agreement has been a joint
undertaking between the parties and no word, sentence, or provision
hereof shall, solely as a manner of judicial construction, be
construed more strictly against one party than the other. This
Agreement shall be liberally construed to achieve its purpose.
Bection 6. All notices provided for herein shall be hand
delivered to the following parties:
As to the CITY OF TAMARAC:
City Manager
City of Tamarac
7525 N. W. 68th Avenue
Tamarac, Florida 33321
3
As to FLORIDA POWER AND LIGHT COMPANY:
A. C. Hernandez, Jr., P.E.
Manager of the Transmission/
Substation Project Control Group
Florida Purer and Light
_ Post Office Box 14000
Juno Beech, Florida 33408-0420
section 7. This is the entire Agreement between the parties
and no amendment or modification hereof may be permitted except
through a written document executed and signed by the parties
hereto.
S22Zion 8- The offective date of this Agreement shall be the
date upon which the last party hereto has affixed its signature.
Signed, sealed and delivered
in the presence of:
ATTEST:
CITY OF TAMARAC
CITY CLERK
APPROVED AS TO LEGALITY AND FORM:
CITY A ORNEY
Signed, sealed and delivered FLORIDA POWER AND LIGHT COMPANY
in the presence of:
By.
1.
4
STATE OF FLORIDA )
) as:
COUNTY OF BROWARD)
I F[EREBY CERTIFY that on this 02 day of'J
1990, before me personally appeared MAYOR NORMAN ABRAMOWITZ, bf the
CITY OF TAMARAC, a municipal corporation under the Laws of the
State of Florida, to me well known to be the person who executed
the foregoing instrument as such officer and acknowledged the
execution thereof to be his free act and deed as such officer for
the use and purposes therein mentioned and that he affixed thereto
the official seal for said corporation, and that said instrument
is the act and deed of said corporation.
WI-T ESS hand and,official seal this day of
1990.
..-;::r / _ - ..L_ �7% • • A
NOTARY PUBLIC
My Commission Expires:
Notary Pubilc, State of Florida at Larse
My Commission Expires June 15, 1991
Bonded Uvu Huckleberry i Asaaclatea
STATE OF FLORIDA )
) as:
COUNTY OF BROWARD)
I HEREBY CERTIFY that on this day of ,
1990, before me personally appeared ,
of FLORIDA POWER AND LIGHT AND
COMPANY, a , to me well known to be the
person who executed the foregoing instrument and acknowledged
before me that he executed the same for the purposes therein
expressed.
WITNESS my hand and official seal this
, 1990.
My Commission Expires:
5/25/90
NOTARY PUBLIC
day of
5
'I. e-rla-17
LEGAL DESCRIPTION
PORTIONS OF TRACTS 21, 22, 23 AND 241 FLORIDA FRUIT LANDS COMPANY'S SUBDI-
VISION NO. 2, OF SECTION 7, TOWNSHIP 49 SOUTH, RANGE 41 EAST, ACCORDING TO
THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 1, PAGE 102 OF THE PUBLIC RECORDS
OF PALM BEACH COUNTY, FLORIDA, TOGETHER WITH THOSE CERTAIN 15- AND 30-FOOT
ROAD RIGHTS -OF -WAY LYING ADJACENT TO SAID TRACTS, ALL BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
,BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 7; THENCE NORTH 00° 05' 06"
WEST ALONG THE WEST LINE OF SAID SECTION 7, A DISTANCE OF 2655.57 FEET TO THE
WEST QUARTER CORNER OF SAID SECTION 7; THENCE NORTH 890 19' 54" EAST ALONG
NORTH LINE OF THE SOUTHWEST ONE -QUARTER JSW 1/4) OF SAID SECTION 7, A
DISTANCE OF 331.88 FEET TO'THE WESTERLY RIGHT-OF-WAY LINE OF THE SAWGRASS/-
DEERFIELD EXPRESSWAY, ACCORDING TO THE RIGHT-OF-WAY MAP THEREOF, AS RECORDED
IN MISCELLANEOUS. PLAT BOOK 11, PAGE 37 -OF THE PUBLIC RECORDS OF BROWARD
COUNTY, FLORIDA; THENCE SOUTH 080 47' 47" EAST ALONG SAID WESTERLY RIGHT-OF-
WAY LINE, 720.90 FEET; THENCE. SOUTH 080 57' 23" EAST ALONG SAID WESTERLY
RIGHT-OF-WAY LINE, 952.45 FEET.TO THE POINT OF CURVATURE OF A CURVE CONCAVE
TO THE WEST, RAVINGi A RADIUS OF 2940.00 FEET; THENCE SOUTHEASTERLY ALONG THE
ARC OF SAID CURVE AND SAID WESTERLY RIGHT-OF-WAY LINE, THROUGH A CENTRAL
ANGLE OF 050 57' 36% AN ARC DISTANCE OF 366.92 FEET TO THE POINT OF TANGENCY;
THENCE SOUTH 01. 59' 47' EAST ALONG SAID WESTERLY RIGHT-OF-WAY LINE, 803.12
FEET; THENCE SOUTH 08° 19' 13" WEST ALONG SAID WESTERLY RIGHT-OF-WAY LINE,
38.72 FEET TO THE SOUTH LINE OF SAID SECTION 7; THENCE SOUTH 89. 07' 00" WEST
ALONG SAID SOUTH LINE, 635.98 FEET TO THE POINT OF BEGINNING.
SAID LAND SITUATE, LYING AND BEING IN THE CITY OF TAMARAC. BROWARD COUNTY,
FLORIDA, AND CONTAINING 31.7,519 ACRES, MORE OR LESS.
1309440.FPL
rl-
WMTRIT
• . %
are ipromulgated and im lemented ky BrE077Zff
ard nt
E 'fie s a ar for o���
Potable water
Tamarac gtilities West - 144 gpcd
arac es zaz:E - `ems
rower 22,n
Z. Bee I. •10, above for revisions to Policy 4.1
3. Policy 4.1 ( a ital Improvements Elenent
) .
The City of Tamarac shall use the following. Los
standards in reviewing impacts of development -upon
public facilities. ,
III. CITY OF TAMARAC COMPREHENSIVE PLAN
IIMC;OVERNMENTAL COORDINATION REVISIONS
1. A revised Tamarac Land Una Map, regarding the parcel of
land in the Bw corner of land Section 7, north of
Commercial Blvd and Best of the Sawgrass Expressway, is
consistent with the Broward County Land Use with respect
to this parcel.
IV. CITY OF TAMhRAC COMPREHENSIVE PLAN
FLOODPLAIN MAP REVISIONS
I. Floodplain Map (Map #IV4) is included herein.
V. CITY OF IAMARAC COMPRMMSIVE PLAN
,INFRASTRUCTURE ELEMENT REVISIONS
Policy 1.1
1.(a).. The city will monitor population growth and the
growth of business and industry to insure that essential
capital facilities are available when needed.
Po-, lIcy 1.1
"Throe h its concurronex management system, as
fdo ted in"its Lan evelo en Code _n any vary
9 0 the 1tv w33�"� mon or'�� row h of
v lat'� . �ld=c remits, � Scar ica�es of
occu a�nc . �Fe� concurrent mane amen s Rem
pan es the ' s c1 c rocedures or measur n
fac`l'iity e`a aci� nor, pva_ uat ng service
ova, a lityagainst, .hand.
l.(b). The reference In the Notice of Non-Coomplience is
Incorrect. The reference is to Policy 1.3.
Policy 1.3 SSani, _ tars► � ement
New Lift ata� tions using CIAC funds
a
'aiZalr 3