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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