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HomeMy WebLinkAboutCity of Tamarac Resolution R-97-0741 March 18, 1997 - Temp. Reso. #7778 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-97-_Zj A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, APPROVING A FOUR -PARTY AGREEMENT BETWEEN BROWARD COUNTY, UNIVERSITY HOSPITAL, LTD, UNIVERSITY HOSPITAL, LTD, AND THE CITY OF TAMARAC FOR THE TRANSFER OF 306 COMMITTED TRIPS RELATING TO PARCELS 1, 2, AND 3 OF THE "UNIVERSITY HOSPITAL REPLAT", ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 158, PAGE 46 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA; AND PARCELS B, C AND D OF THE "UNIVERSITY HOSPITAL" PLAT, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 102, PAGE 50 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA; LOCATED AT 7201 NORTH UNIVERSITY DRIVE; CASE NO. 5-P-97; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the "University Hospital Replat" (attached hereto as Exhibit "A") has been submitted by the applicant and approved by the City Commission of the City of Tamarac on November 23, 1994 (R-94-248); and WHEREAS, the "University Hospital Replat" (attached hereto as Exhibit "A") has been submitted and approved by the Board of County Commissioners of Broward County on July 11, 1995; and 1 March 18, 1997 - Temp. Reso. #7778 2 WHEREAS, the "University Hospital' Plat (attached hereto as Exhibit "B) has been submitted by the applicant and approved by the City Commission of the City of Tamarac on September 28, 1994 (R-94-198); and WHEREAS, the "University Hospital' Plat (attached hereto as Exhibit "B") has been submitted and approved by the Board of County Commissioners of Broward County on July 21, 1979; and WHEREAS, the "University Hospital Replat" and the "University Hospital' Plat were approved subject to certain conditions to ensure the protection of the public health and safety, and one (1) of the conditions imposed at the time of Replat and Plat approval was the construction of certain improvements; and WHEREAS, the parties desire to enter into this Agreement to provide for the transfer of 306 committed trips from Parcels B, C, and D of the "University Hospital" Plat, according to the Plat thereof, as recorded in Plat Book 102, Page 50 of the Public Records of Broward County, Florida; to Parcels 1, 2, and 3 of the "University Hospital Replat", according to the Plat thereof, as recorded in Plat Book 158, Page 46 of the Public Records of Broward County, Florida; Case No. 5-P-97; as described in Attachment 1 (A, rg.eement fQf_Transfer of Committed Trips); and WHEREAS, the Director of Community Development has reviewed the Agreement and recommends approval; and WHEREAS, the City Commission reviewed the Agreement at a public meeting; and 1 1 March 18, 1997 - Temp. Reso. #7778 3 WHEREAS, both Broward County and the City of Tamarac must approve this Agreement prior to the committed trips being transferred; and WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in the best interests of the citizens and residents of the City of Tamarac to approve the Four - Party Agreement between Broward County, University Hospital, Ltd., University Hospital, Ltd., and the City of Tamarac for the Transfer of 306 Committed Trips relating to the "University Hospital Replat" (Exhibit "A" attached) and the "University Hospital' Plat (Exhibit "B" attached); located at 7201 North University Drive; Case No. 5-P-97. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution. SECTION 2: That upon recommendation of the Director of Community Development, the Four -Party Agreement between Broward County, University Hospital, Ltd, University Hospital, Ltd, and the City of Tamarac for the Transfer of 306 Committed Trips (attached hereto as Attachment 1"), is hereby approved. SECTION 3: That the appropriate City Officials are hereby authorized and instructed to execute said Four -Party Agreement. 1 1 1 March 18, 1997 - Temp. Reso. #7778 4 SECTION 4: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 5: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 6: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this ATTEST: _x y CAROL A. EVANS CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. MITCHELL S. KRA CITY ATTORNEY Comm dev\c:\userdata\wpdata\res\7778reso\ps q day of fi'04, 1 Z- 11997. JOE SCHREIBER_ MAYOR r • �r a ; . • r a U AGREEMENT Among and and IVERSITY HOSPITAL, LTD. and FOR TRANSFER OF COMMITTED TRIPS This is an Agreement among BROWARD COUNTY, a political subdivision of the State of Florida, its successors and assigns, hereinafter referred to as "COUNTY;" AND City of TAMA13gC a municipal corporation of the State of Florida, its successors and assigns, hereinafter referred to as "CITY;" AND UNIVERSITY HOSPITAL, LTD. , its successors and assigns, hereinafter referred to as "DONOR;" UNIVERSITY L LTD. , its successors and assigns, hereinafter referred to as "RECEIVER." WHEREAS, RECEIVER is the owner of certain real property located in the City of Tamarac , Broward County, Florida (hereinafter referred to as the "Receiving Parcel") and is described in Exhibit "A," attached hereto and incorporated herein; and WHEREAS, RECEIVER has previously either: C"0257 04/21/95 r� ATTACHMENT 1 (X) received COUNTY approval to develop the Receiving Parcel as follows: existin2 hospital use or ( ) it has been determined that the Receiving Parcel has no vested rights with respect to traffic concurrency satisfaction; and WHEREAS, RECEIVER has applied to the COUNTY for the following approval(s) to permit development of the Receiving Parcel: above existi-nq use ; and WHEREAS, said proposed development level will result in an additional traffic impact of trips per day, pursuant to COUNTY's TRIPS model; and WHEREAS, Chapter 5, Article IX, Broward County Code of Ordinances, requires that the Regional Transportation Network be adequate to serve the reasonably projected needs of proposed development; and WHEREAS, DONOR is the fee simple owner of the Uniy,ers,ity HQgpitai Plat, (P.. 102 P.50) , (hereinafter referred to as the "Donor Parcel"), which was approved by the Countwhich is more loarticularl described 19��, and particularly � in Exhib�,t "B," attached hereto and incorporated herein; and WHEREAS, the Donor Parcel is contiguous to the Receiving Parcel; and WHEREAS, the Donor Parcel has been approved by the COUNTY and is restricted to the following uses: 55,436 sq.f-- proposed, t. (-64,926-scr. ft. existin2 and 90,074 sq. ft. proposed) C"02 57 04/22/95 0 2 WHEREAS, the County Commission approved an amendment to the note on the face of the University Hospital Plat which reduced the trips committed to the Donor Parcel from 8428 to .A122 __, a reduction of 306 commuted trips; and WHEREAS, the COUNTY Commission approved a delegation request to increase the development permitted on the Receiving Parcel by the number of trips reduced from the Donor Parcel; and WHEREAS, pursuant to Section 5-182 (a) (4) (b) of the Broward County Code of Ordinances, DONOR and RECEIVER seek to transfer the committed trips reduced from the Donor Parcel to the Receiving Parcel; and WHEREAS, COUNTY has no objection to said transfer of committed trips and the County Commission approved such a transfer at its meeting of , 1997 ; NOW, THEREFORE, IN CONSIDERATION of the mutual terms, conditions, promises, covenants and payments hereinafter set forth, COUNTY, CITY, DONOR and RECEIVER agree as follows: 1. The above recitals and representations are true and correct. 2. DONOR agrees to transfer to -the Receiving Parcel and the RECEIVER agrees to accept T306 trips per day, corresponding to the following designated uses: Assisted —Living Facility - 90 sleeping rooms (45 dwelling unit equivalents) 3. RECEIVER agrees that if a building permit for a principal building is not issued on the Receiving Parcel within three (3) years of the date the Board of County Commissioners approved the transfer of committed trips, the COUNTY's finding of adequacy of the regional road network relative to the donated trips shall expire and no building permits shall thereafter be issued for a principal building on the Receiving Parcel. 4. CITY agrees that in the event that the COUNTY's finding of adequacy of the regional road network expires, CITY shall not issue any building permits for the donated trips until the Board of County Commissioners makes a finding that the application satisfies the adequacy requirements of the regional road network. CAF#257 04/21/95 • 3 - 5. RECEIVER agrees that he/she shall not be entitled to transfer any trips from the Receiving Parcel. 6. DONOR shall the note not be entitled to apply for an amendment to on the face of the Donor Parcel's plat to increase the number of trips allocated to the Donor Parcel for a period of three (3) years from the date the Hoard of County Commissioners approved the transfer of committed trips. 7. DONOR and RECEIVER agree to execute any and all other instruments or documents as may be required to effectuate the requirements of Chapter 5, Article IX, Broward County Code of ordinances, and this Agreement. 8. COUNTY and CITY find that execution of and adherence to this Agreement on the part of RECEIVER satisfies the requirement of Chapter 5, Article IX, Broward County Code of Ordinances, that plats of land shall be designed to provide for the adequacy of the regional road network, at the adopted levels of service, concurrent with the impact of the development. 9. NOTICE: Whenever any of the parties desires to give notice to the other, such notice must be in writing, sent by U.S. Mail, postage prepaid, addressed to the party for whom it is intended at the place last specified; the place for giving of notice shall remain such until it is changed by written notice in compliance with the provisions of this paragraph. For the present, the parties designate the following as the respective places for giving notice: For the COUNTY: Director of the Broward County Development Management Division 115 South Andrews Avenue, Room 329 Fort Lauderdale, Florida 33301 For the CITY: Development —Citv of Tamarac ._?.25 L„28t-h—avenue Tamarac, FL. 33321-2401 Chr#257 04/21/95 0 — 4 — For the DONOR: Chief Executive Officer 'tal and Medical Center 7201 er it Drive L. 3 321 For the RECEIVER: n & Associates, Inc. (Agent) 210 University Drive, Suite 300 Coral Springs, FL 33071 10. This Agreement shall be recorded in the official Records of Broward County, Florida, against the property described in Exhibits "A" and "B" to put subsequent purchasers, grantees, heirs, successors and assigns of any interest in such property on notice of the obligations set forth herein, which shall run with the property. CAP#257 04/21/95 - 5 - IN WITNESS WHEREOF, the parties have made and executed this 10 Agreement on the respective dates under each signature: BROWARD COUNTY through its BOARD OF COUNTY COMMISSIONERS, signing by and through its Chair, authorized to execute same by Board action on the .._. day of P 19 , and , signing by and through its authorized to execute name by Comm ssion/Council action on the day of 1 19,,_� 0 and _IlL versi,tiy H,s 5pita.,l Ltd' s gn ng by and through itsjjt * , duly authorized to execute same, and signing by and through its * , duly authorized to execute same. * and Senior Vice President ATTEST: County Adm nistrator and Ex- Officio Clerk of the Board of County Commissioners of Broward County, Florida •• 6 -• CAF,1257 04/21/95 BROWARD COUNTY, through its BOARD OF COUNTY COMMISSIONERS By Cha r day of , 19. Approved as to form by Office of County Attorney ` , Broward County, Florida JOHN J. COPELAN, JR., County Attorney Governmental Center, Suite 423 115 South Andrews Avenue Fort Lauderdale, Florida 33301 Telephone: (305) 357-7600 Telecopier: (305) 357-7641 By Assistant County Attorney C7 is AGREEMENT AMONG BROWARD COUNTY, CITY OF TD. AND UNIVERSITY HOSPITAL LTD. , ANSFF CO ER TROMMITTED TRxP5 FOR WITNESSES: ATTESTS y Managor Robert S. Noe, Jr, ChF0257 04/22/95 (CORPORATE SEAL) Hy /1 �- Jo'"chreiber, Mayor ,.L., day of -- Anr,.iL0 19„ cz. C ty C or Carol A. Evans, CMC -mm- day Of , 19,..g,Z • ,n APPROVED S TO 7 Mitchell S. Kral(t ►9 • C, AGREEMENT AMONG BROWARD COUNTY, CITY OF L LTD. AND UNIVERSITY HOSPITAL, � TA LTD. , FOR TRANSFER OF COMMITTED TRIPS ATTEST: By Secretary (CORPORATE SEAL) STATE OF ) COUNTY OF SS DUGS University Hospital, Ltd. A Florida Limited Partnership, By Columbia Hospital Corporation of Tamarac, General Partner By C rles J. Wkll, Senior V ce Z d of e1� re�C and. By:1 JeI"�r�u�le Vi a Pile dent Addresrs: 7201 N. University Drive Tamarac, FL 33321 27-s' day of , 1997 The foregoing instrument was acknowledged before me this day of , 19 , by whom personally known to me or who has produced as identification and who did/did not take an oath. (Seal) My commission expires: C"*117 04/21/95 ,. 8 .. NOTARY PUBLIC: Pri nt name: Commission No. AGREEMENT AMONG BROWARD COUNTY, CITY OF T AMARac UNIVERSITY HOSPITAL, LTD. AND UNIVERSITY HOSPT TRANSFER OF COMMITTED TRIPS FOR CON fiBhWk�EARTKERSHIP STATE OF FLORIDA ) ) SS COUNTY OF BROWARD ) The fore ng instrument was day acknowledged before me this .27 of , 19 97 , by Charles J. Hall Senior V' of '' Hospital, aorrPQ*&t, r+/partnership, on behalf Ltd,* , a F asite� of the eer-pera- vim/ He or she is personallyknown to me or has produced par nership. as identificaon and di-d/dui `not take an oath. ,��GUY MICHEL P. %60 •= MY COMMISSION N CC295602 EXPIRES * and by NOTARY PUBLIC: Jeff Crudele Vice President lv July 25, 1997 (Seal) BONDED THRU TROY FAIN INSUMNCE, INC. My commission expires: P 1nt nam Z i . Commission No. RECEIYER Universit Hospital Ltd. A Florida Limited Partnership, By Columbia Hospital Corporation of Tamarac, General Partner By ____ 22tzlz C rles J. Ha Senior Vice President /,Y /ItY , �44 ATTEST: By Secretary (CORPORATE SEAL) C"0259 04/21/95 -• 9 and l/L �✓`'''� Bye e Vic r eess: nt Ad N. University Drive Tamarac, F1 33321 r2� day of fe% „_ 1997 AGREEMENT AMONG BROWARD COUNTY, CITY OF TAMARAC TD. AND UNIVERSITY HOSPITAL, LTD. , FOR TRANSFER OF COMMITTED TRIPS N/A STATE OF ) COUNTY OF SS The foregoing instrument was acknowledged before me this day of , 19 , by who is personally known to me or who has produced as identification and who did/did not take an oath.. NOTARY PUBLIC: (Seal) Pr nt name: Commission No. My commission expires: 0 ) STATE OF FLORIDA ) Ss COUNTY OF BROWARD ) The f regoing instrument was acknowledged before me this day of 1997, by Senior o , a g, �,-i .a�IPf rtj?e8hiP corporation partnership, on behalr of the corporat on/ partnership. He or she is personally known to me or has produced as identification and did/did not take -an oath. MICHEL P. GUY * a n d by Jeff C r u d e l e MY COMMISSION M CC295602 EXPIRES NOTARY PUBLIC: Vice President July25.1997 (seal) BONDED THRU TROY FAIN INSURANCE, INC. �2 My commission expires: Pr na . commission No. GAF#Z57 04/21/95 0 - 10 - • Exhibit "A" Receiving Parcel Legal Description All that land contained within the plat of "University Hospital Replat" as recorded in Plat Book 158, Page 46, of the Public Records of Broward County, Florida. Said lands situate, lying and being in the City of Tamarac, Broward County, Florida. rI C] E Exhibit "B" Donor Parcel Legal Description All that land contained within the plat of "University Hospital' as recorded in Plat Book 102, Page 50, of the Public Records of Broward County, Florida. Said lands situate, lying and being in the City of Tamarac, Broward County, Florida.