HomeMy WebLinkAboutCity of Tamarac Resolution R-90-0851
2 Temp. Reso. #5746
3 CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-90-0�
5 A RESOLUTION AUTHORIZING THE APPROPRIATE CITY
OFFICIALS TO EXECUTE AN AGREEMENT WITH BROWARD
COUNTY PERTAINING TO THE ISSUANCE OF BUILDING
PERMITS WHILE PLAT RECORDATION IS IN PROGRESS
i FOR THE TAMARAC MULTI --PURPOSE RECREATIONAL
CENTER; AND PROVIDING AN EFFECTIVE DATE.
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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 Broward County pertaining
to the issuance of building permits while plat recordation is in
progress for the Tamarac Multi -Purpose Recreation Center, a copy of
said agreement being attached hereto as Exhibit "l":
SECTION 2: This Resolution shall become effective immediately
upon adoption.
PASSED, ADOPTED AND APPROVED thisc26 day of ,
1990.
NORMAN ABRAMOWITZ
MAYOR
ATTEST:
CAROL A. EVANS
CITY CLERK PECORD OF COUNCIL VOTE
I HEREBY CERTIFY that I have M.Aydq�: �3�'�M0W!rz---�..i"_
1�,,.._..__.___
E
roved this eso t ion as
to
ALAN
INTERIM CITY ATTORNEY
NOTE:
"This Resolution was not distributed as it was amended by
Resolution R-90-97."
AGREEMENT
Between
BROWARD COUNTY
and
CITY OF TAMARAC
Relating to
THE ISSUANCE OF BUILDING PERMITS
WHILE PLATTING IS IN PROGRESS
L�
R., 90 -- 9 -f
RAWL)OWgr
•
AGREEMENT
Between
BROWARD COUNTY
and
CITY OF TAMARAC
Relating to
THE ISSUANCE OF BUILDING PERMITS
WHILE PLATTING IS IN PROCESS
This is an Agreement between; BROWARD COUNTY, a
political subdivision of the State of Florida, its successors
and assigns, hereinafter referred to as "COUNTY," through it
Board of County Commissioners; •
CITY OF TAMARAC, a municipal corporation organized and
existing under the laws of the State of Florida, its
successors and assigns, hereinafter referred to as "CITY";
W I T N E S S E T H:
WHEREAS, CITY, is the owner of a certain parcel of land,
described in Exhibit "A" attached hereto and hereinafter
referred to as the TAMARAC MULTI -PURPOSE CENTER Plat, Plat No.
, located on UNIVERSITY DRIVE, and situated within the
CITY OF TAMARAC, on which parcel of land CITY contemplates the
construction of A 16,466 SQUARE FOOT MULTI -PURPOSE CENTER; and
C�
Re% *V
WHEREAS, the TAMARAC MULTI -PURPOSE CENTER Plat was
approved by the Board of County Commissioners on MARCH 20,
1990; and
WHEREAS, CITY is now desirous of obtaining building
permits from the CITY so that CITY may construct THE MULTI-
PURPOSE CENTER, hereinafter referred to as the "improvements"
within the boundaries of said Plat; and
WHEREAS, the CITY may not ordinarily issue building
permits to CITY for construction of said Improvements within
the boundaries of the TAMARAC MULTI -PURPOSE CENTER, Plat,
prior to recordation of said Plat; and
WHEREAS, on MARCH 20, 1990, the COUNTY authorized the
issuance of building permits by the CITY to CITY for
construction of said improvements within the boundaries of the
TAMARAC MULTI -PURPOSE CENTER Plat, prior to plat recordation;
and
WHEREAS, the COUNTY requested and CITY agreed that, prior
to the issuance of building permits, the parties shall enter
into an Agreement setting forth specific conditions applicable
to the issuance of such building permits; and
WHEREAS, this Agreement will facilitate the construction
of the improvements within the boundaries of the TAMARAC
MULTI -PURPOSE CENTER Plat by CITY in the CITY during the time
that preparation for the recordation of the Plat of the
property is proceeding; NOW, THEREFORE,
IN CONSIDERATION of the promises and mutual covenants
hereinafter contained, the parties do agree as follows:
1. The above recitals are true and correct and incorporated
herein.
2. The COUNTY represents to the CITY that it does not object
to the CITY'S issuance of building permits to CITY for
construction of the MULTI -PURPOSE CENTER within the
boundaries of the TAMARAC MULTI -PURPOSE CENTER Plat prior
to recordation of said Plat, provided that:
(a) no certificate of occupancy, which is complementary
to the building permits, shall be issued by the CITY
unless and until CITY shall record in the official
records of Broward County said Plat which has been
approved by the Broward County Board of County
Commissioners; and
(b) condition 2(a) shall appear on the face of the
building permits issued by CITY.
0
3. The CITY agrees that any building permits issued for •
construction of said improvements will be issued in
accordance with paragraphs 2(a) and 2(b) and the CITY
reserves the right to evaluate CITY'S application for
building permits for compliance with all existing laws,
ordinances and regulations controlling the issuance of
building permits for construction within the CITY. The
issuance of building permits shall be left to the
discretion of the CITY.
4. Nothing in this Agreement shall prejudice the COUNTY'S
right to impose conditions on approval of the Plat
covering the lands described herein which are required
by COUNTY plat ordinances and regulations or are other-
wise necessary to insure the -public health, safety and
welfare of the citizens of Broward County.
5. CITY agrees not to occupy the improvements unless and
until a certificate of occupancy has been issued by the
CITY.
6. In those instances when estimated impact fees are paid
they shall be adjusted at the time of Plat recordation
and any underpayment or overpayment shall be taken into
consideration.
7. In the event CITY does not record the TAMARAC•MULTI-- •
PURPOSE CENTER Plat within the eighteen (18) months from
the date of COUNTY approval as required by Chapter 5,
Article IX, Section 5-197(h), or within the one six--
month extension of the recordation period permitted in
Section 5-197(h), CITY agrees to immediately cease all
construction activities on the subject premises and
shall forthwith remove the improvements within three (3)
months of the expiration of the recordation period. The
COUNTY shall refund any impact fees which have been paid
after the improvements have been removed.
B. The issuance of the building permits before final plat
recordation shall not be considered by COUNTY or CITY as
a grant to CITY of any vested right whatsoever for the
use, occupancy or completion of the construction of
improvements within the boundaries of the TAMARAC MULTI-
PURPOSE CENTER Plat, nor shall the CITY or COUNTY, be
deemed estopped from enforcing the terms of this Agree-
ment because of the issuance of the building permits.
9. This Agreement shall be recorded in the Public Records
of Broward County, Florida, at the CITY'S expense.
Recordation of the TAMARAC MULTI -PURPOSE CENTER Plat
shall be an automatic release of the obligations of CITY
set forth herein. 0
R.40 - fir
IN WITNESS WHEREOF, the parties hereto have made and
executed this Agreement on the respective dates under
each signature: BROWARD COUNTY through its BOARD OF
COUNTY COMMISSIONERS, signing by and through its
Chairman, authorized to execute same by Board action on
the 20 day of MARCH, 1990, and the ,
61 signing by and rough
740- duly authorized to execute
same.
ATTEST:
oun y Xdministrator an x-
Officio Clerk of the Board of
County Commissioners of
Broward County, Florida
E
9
COUNTY
BROWARD COUNTY, through its
BOARD OF COUNTY COMMISSIONERS
BY
a rman
day of
,19�.
Approved as to form and legally
by Office of General Counsel for
Broward County, Florida
SUSAN F. DELEGAL, General
Counsel
Governmental Center, Suite 423
115 South Andrews Avenue
Ft. Lauderdale, Florida 33301
Telephone: (305) 357-7600
By
Assistant General Counsel
lz.q,p- K
AGREEMENT AMOUNT BROWARD COUNTY AND
AND RELATING TO THE IS§UANCE OF
BUILD NG PERMITS WHILE PLATTING 119 IN PROGRESS.
ATTEST
ri • p•
(CORPORATE SEAL)
CITY
By
1�day of
JD day of
APPROVED AS TO PO
By
RI CI ATTORNEY
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