HomeMy WebLinkAboutCity of Tamarac Resolution R-79-066Introduced by:
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Temp. Reso.
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CITY OF TAMARAC, FLORIDA
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE PROPER CITY OFFICIALS
TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF TAMARAC
AND MYRON FINKELSTEIN, TILLIE NUDELMAN AND MARTIN
NUDELMAN FOR LOT 2, BLOCK I0,-LYONS COMMERCIAL SUB-
DIVISION #2.
WHEREAS, pursuant to the Broward County Land Use Plan, the owners of
Lot 2, Block 10 of Lyons Commercial Subdivision #2 have submitted an agreement
to the City in lieu of the City making development review findings; and
WHEREAS, the City Attorney has reviewed said agreement and recommends
execution thereof.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TAMARAC, FLORIDA:
SECTION 1: That the Mayor and City Manager are hereby autho-
rized to execute and the City Clerk to attest to the Agreement between the City
and owners of Lot 2, Block 10, Lyons Commercial Subdivision #2, copy of which is
attached hereto and made a part hereof as Exhibit "A".
PASSED, ADOPTED AND APPROVED THIS DAY OF
ATTEST:
CITY4/CLERK
I HEREBY CERTIFY that I have ap-
proved the form and correctness
of this RESOLUTION.
WITY ATTORNEY
RECORD OF COUNCIL VOTE
MAYOR W. FALCK
VIM H. MASSARO
CIM H. WIENERS
CIM I.M. DISRAELLY_�
CIIAI M. KELC,0 G: -
N
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A G R E E M E N T
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THIS AGREEMENT made this 14th day of ,
NU ML'v%N MARTI
1979, betweenMTM H. hII<EISTEIN, TILLIE / OWNERSof the property
described in Exhibit A hereinafter referred to as OWNER and the
CITY OF TAMARAC, a municipal corporation of the State of Florida
hereinafter referred to as CITY.
W I T N E S S E T H:
WHEREAS, the OWNER has applied to the City of Tamarac
for a development permit as defined in the Broward County Land
Use Plan, and
WHEREAS, the Section 5 of the implementation section
of the Broward County Land Use Plan requires that the CITY make
certain findings that necessary services are available to serve
the property described in Exhibit A (development review findings),
and
WHEREAS, in lieu of making the findings referred to
above, the Land Use Plan provides that the CITY and OWNER may
enter into an Agreement which provides that no certificates of
occupancy may be issued prior to the CITY making affirmative
findings on all points set forth in Section 5 of the implementation
section of theBroward County Land Use Plan, and
WHEREAS, the parties agree that the current stage of
development is not the proper stage to make the necessary develop-
ment review findings for it is more appropriate that these
findings be made at the time of site plan approval when more
will be known of the ultimate use of the property, and
WHEREAS, parties wish to agree that no building permits
will be applied for or issued until such time as the CITY makes
a finding that all other development review requirements contained
in the Broward County Land Use Plan have been satisfied.
NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL
COVENANTS HEREIN THE PARTIES AGREE AS FOLLOWS:
1. OWNER, its agents or assigns, will not apply
i
for and CITY will not issue any building permits for the
property described in Exhibit A until such time as the City
makes a finding that all of the development review require-
ments currently contained in Section 5 of the Broward County
Land Use Plan as the same may be amended from time to time
and in the City of Tamarac Land Use Plan when adopted have
been satisfied.
2. The parties agree that the appropriate time
for the making of the necessary findings under Section 5 of
the implementation section of the Broward County Land Use
Plan is during the site plan process and.that the OWNER,
its successors or assigns, will provide all necessary infor-
mation requested or required by the CITY to enable the CITY
to make the necessary development review findings under
Section 5 of the implementation section of the Broward County
Land Use Plan and of the City of Tamarac Land Use Plan.
3. OWNER agrees that any approval of a Develop-
ment Permit including without limitation, rezoning or special
exception approval will not give OWNER any vested rights to a
particular use or intensity of use of his land. OWNER
acknowledges that CITY has a right and obligation to reject
projects which do not satisfy any development review require-
ment. OWNER will hold CITY, its officers, agents and employees,
harmless for any damages or expenses incurred if a Development Permit
is not issued because a Development Review Requirement cannot be
satisfied. OWNER agrees that it is proceeding at its own risk.
4. The parties agree that this document shall be
recorded in the Public Records of Broward County and shall be
-2-
binding upon all future owners of the property described in
Exhibit A.
IN WITNESS WHEREOF, the parties have set their
hands and seals this_, day of �} �,1979.
mall►
1tness
_)'2 1� e��
Witness - q-ss t(: a;Ty C r-
itness - ,Ty AffoP er
STATE OF FWRIDA
SS:
COUNTY OF BP.OW&RD
0
OWNE
tTy
*=IE NMELMN AND MAF=
NLDEIMAN
I HEREBY CERTIFY that on this day, before me, an
officer duly authorized in the State and County aforementioned
to take acknowledgements personally appearedMYRON H. FINKELSTEIN,%`
as G>WNERS of
authorized to do business inthe tate of Florida, to me known
to be the person who executed the same on behalf of said cor-
poration.
WITNESS my hand and official seal in the State and
County aforementioned this 14thday of March ,1979.
My commission expires: �,,�..•
NOT R P B I C
STATE OF FLORIDA )
_
COUNTY OF BROWARD SS:
I HEREBY CERTIFY that on this day, before me, an
officer duly authorized in the State and County aforementioned
to take acknowledgements personally appeared L4.tg. st-� A
as M r4y„R of the CITY OF TAMARAC, to me
known to belthe person who executed the foregoing instrument,
and he acknowledged before me that he executed the same on be-
half of said corporation.
WITNESS my hand and official seal in the State and
County aforementioned this_'. day of ,1979.
My commission expires:
YPUBLIC
Uo ��_ rida at L�,rcr�
iY1Y Comrr;'c;i�n[,,. ires June 7, 1981
6oa�e� _bY Mincey Agency
-3-
EXHIBIT ►►A►►
DESCRIPTION:
Lot 2, Block 10, LYONS COMMERCIAL SUBDIVISION NO.21
as shown in Plat Book 69, Page 43, Public Records
of Broward County, Florida.
(Otherwise identified as being those lands extending
from N.W. 57th St. to Commercial Blvd. - 200► west
of N.W. 91st Ave. and across N.W. 57th St. from
Tamarac Jewish Center).
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