Loading...
HomeMy WebLinkAboutCity of Tamarac Resolution R-91-08531 32 23 34 is 16 37 18 30 Temp. Reso. #6048 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-91-- -- * ' A RESOLUTION AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE A TRI-PARTY AGREEMENT BETWEEN THE CITY OF TAMARAC, BROWARD COUNTY AND FLORIDA POWER AND LIGHT COMPANY REGARDING ISSUANCE OF BUILDING PERMITS PRIOR TO THE CONSERVATION SUBSTATION PLAT BEING RECORDED; AND PROVIDING AN EFFECTIVE DATE; ..... .... .......... .. --... _ . BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TAMARAC, FLORIDA: SECTION -I: That the appropriate City officials are hereby authorized to execute a Tri-Party Agreement between the City of Tamarac, Broward County and Florida Power and Light Company regarding issuance of building permits prior to the Conservation Substation Plat being recorded, a copy of said agreement being attached hereto as "Exhibit 1". SECTION 2: This Resolution shall become effective immediately upon adoption. 1411 E 3 1 PASSED, ADOPTED AND APPROVED this d day of 1991. �117 1 ATTEST: CAROL A. EVANS CITY CLERK I HEREBY CERTIFY that I have approved t esolution as to ALAN F CITY A TORNEY 341 as RECORD OF COUNCIL VOTE MAYOR ABRAMOWITZ DISTRICT 1: O/M KATZ DISTRICT 2: %(M SCHUNIANN DISTRICT 3: �IM /.'V ALAS SFR QSTRICT 4: -, BEN ER if jnroroor�ted AGREEMENT Between and CITY CF TAMARAC .and FLORIOA POWER AND LIGHT COMPANY Relating to THE ISSUANCE OF BUILDING PERMITS ALE PLATTING IS IN PROGRESS GT1234 1004/19/91 I 40 te - 9 / -d Fr 0 A G R E E M E N T Among ' and CITX CIF TAMARAC and FLDRIM P0WER AND LIGHT O MPANY Relating to THE ISSUANCE OF BUILDING PERMITS WHILE PLATTING IS IN PRO9EESS 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 its Board of County Commissioners; AND 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;" AND Florida Power And Light Canny its successors and assigns, here1nafter referred to as "DEVELOPER." WITNESSETR: WHEREAS, DEVELOPER, is the owner of a certain parcel of land, described in Exhibit "A" attached hereto and known as the Ccnse vatian Substation Plat, Plat No. 104 MP-90 , (the "Plat") located on Ccmke=ial and situated within the o aaterac , on (Municipality) which parcel of land DEVELOPER contemplates the construction of an electrical substation ; and GF12 34 04/19/91 n 2 WHEREAS, the Plat was approved by the Board of County Commissioners on April 16 , 19 91 ; and WHEREAS, DEVELOPER is now desirous of obtaining building permits from the CITY so that DEVELOPER may construct an electrical substation hereinafter referred to as the "Improvements," within the boundaries of said' -Plat;, and WHEREAS, the CITY may not ordinarily issue building permits to DEVELOPER for construction of said Improvements within the boundaries of the Plat (how--- ----r, prior to recordation of said Plat; and WHEREAS, on , 19 , the COUNTY authorized the issuance of building permils� the CITY to DEVELOPER for construction of said Improvements within the boundaries of the Plat prior to plat recordation; and WHEREAS, DEVELOPER shall be required to pay actual or estimated impact fees to the COUNTY for the Improvements which DEVELOPER wishes to construct prior to issuance of the building permits by the CITY; and WHEREAS, the COUNTY requested and DEVELOPER 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 Plat (L'ot-�----� ; by DEVELOPER 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 CITTIS issuance of building permits to DEVELOPER for construction of an electrical substation (the "Improvements"), w th n the bounaaries of the Conservation Substation Plat (Lail- prior to the recor at on of said Plat, subject to the following conditions to assure compliance with the Broward County Land Use Plan: (a) No building permit shall be issued by the CITY unless and until DEVELOPER shall document payment of the impact fees which are due for construction of the Improvements, .CAT1sa4 04/19/91 3 g_9/_jos 11 pursuant to Chapter 5, Article IX, Broward County Code of Ordinances, the Land Development Code; said impact fees may be estimated in those instances when the COUNTY is not able to determine actual impact fees at the time of issuance of the building permits; and (b) No certificate of occupancy, which'fis complementary to the building permits, shall be issued by the CITY unless and until DEVELOPER shall record in the Official Records of Broward County said Plat which has been approved by the Broward County Board of County Commissioners; and (c) Should the DEVELOPEM all to record the Pla lapproved by the Board on AAPP il7, 19�0 within eighteen (18) -months o e at• of approval, or otherwise allow the plat to, expire, the building permits issued shall be revoked by the CITY and any improvements constructed pursuant to such permits shall be removed within three (3) months of expiration of the current plat approval unless the plat is reapproved within three (3) months and recorded before expiration of the new approval. The COUNTY shall refund all impact fees paid for building permits where the improvements are demolished. (d) Conditions 2(b) and (c) shall appear on the face of the building permits issued by the CITY. However, failure of the permits to so indicate shall not alter any terms of this agreement or the right of the COUNTY and the CITY to enforce the terms of this agreement. 3. 'The CITY agrees that any building permits issued for the construction of said Improvements will be issued in accordance with paragraph 2, and the CITY reserves the right to evaluate DEVELOPER'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 at 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 otherwise necessary to insure the public health, safety, and welfare of the residents of Broward County. 5. DEVELOPER agrees not to occupy the Improvements unless and until a c4rtificate of occupancy has been issued. CAIP/234 04/19/91 4 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. The DEVELOPER assumes the risks associated with constructing the Improvements prior to plat recordati n. The issuance of the building permits before final plat recordation shall not be considered by DEVELOPER, the' COUNTY or the CITY as a grant to DEVELOPER of any vested right whatsoever for the use, occupancy, or completion of the construction of Improvements within the boundaries of the Plat jLa , nor shall the COUNTY or the CITY be deemed *stopped from enforcing the terms of this Agreement because of the issuance of the building permits or construction completed pursuant to such permits. Furthermore, if the presently approved plat expires without the plat being recorded, the DEVELOPER shall be required to meet all land development regulations in effect at the time the new plat is submitted and shall be subject to new concurrency determinations. S. This Agreement shall be recorded in the Public Records of Broward County, Florida, at the DEVELOPER'S expense. Recordation of the Ccnservation Substatim Plat shall be an automatic release of the ob gat ons of DEVELOPER not forth herein. GATE2 34 04/29/92 , 5 .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 py and through its Chairman, authorized to execute same by Board action on the day of • 19% the CITY, signing by and through its , authorized to execute same by commission/Council-action n the day of 19 ; and ' -signing y an through Tts , duly authorized to execute same. is ATTEST: County Adm n strator and Ex- Officio Clerk of the Board of County commissioners of Broward County, Florida BROWARD COUNTY, through its BOARD OF COUNTY COMMISSIONERS By Chairman � day of , 19 Approved as to form Office of County Attorney for Broward County, Florida JOHN J. COPELAN, JR., County Attorney Governmental Center, Suits 423 115 South Andrews Avenue Fort Lauderdale, Florida 33301 Telephone: (305) 357--7600 Telecopier: (305) 357-7641 By Assistant County Attorney I • CAr0334 04/19/91 ' 6 AGREEMENT BETWEEN BROWARD COUNTY, THE CITY/TOWN OF 18 Tamarac , AND Florida Power And Light RELATING TO THE ISSUANCE OF BUILDING PERMITS WHILE PLATTING IS IN PROGRESS • WITNESSES: ATTEST: Gti TIG- CtyCer (CORPORATE SEAL) STATE OF FLORIDA ) SS. CITY , CITY OF 'l1 KMW By. r" M%Y'�" M day of , 19, 0 day of APPROVED AS TO By CITY , 19'71 COUNTY OF BROWARD ) � IrWII BEFORE ME personally appeared �24 i' 7 as of =.y of Tamarac(municipality) amarac (Mu'n'icipa t� y) known to me to be the person(s) described in and who executed the foregoing Agreement and acknowledged to and before me that they executed same for the purposes expressed herein. NESS my hand and off cial seal, this day of Notary Pu c My cosmil4lon expires: -�, CAF/234 MTARY PUEL.C. f 7ATEE W FiAir.' N 04/19/91 ki OMISSION E 5, im 7 ©0Y� DED TMRU G1K! _ I ftS. M. , 9 _Q1 4S,tr C AGREEMENT BETWEEN BROWARD COUNTY, THE CITY/TOWN OF Tamarac , AND Florida Power And Light Caqwy RELATING TO THE ISSUANCE OF BUILDING PERMITS WHILE PLATTING IS IN PROGRESS Florida Power By and through: Zq..'S!�c�alfl- Vice President ZjZff-day of (CORPORATE SEAL) STATE OF FLORIDA ) 5S. COUNTY OF ) BEFORE ME personally appeared i and J . E-. 5 C_ In, r- Vice as.President and 8&c&etA*Y— of Florida Power And Light Coq any , a Florida corporation, known to me to be the person(s) described in and who executed the foregoing Agreement and acknowledged to and before me that they executed same for the purposes expressed herein. WITNESS my hand and H ler-tom , i NOTARY PUBLIC STATE DF FLOpIDA MY COMti;ISSIDti EXP, MAR,10, i_",S 90NDED THRU GcJIEF, i, IWS. VNO' -sty commission expires: CA 0234 04/29/91 off icial seal, this 2 (Q _ day of 19 `t . 8 2-,"J a� . ' ' Y = Notary Public AGREEMENT BETWEEN BROWARD COUNTY, THE CITY/TOWN OF , AND RELATING TO THE ISSUANCE OF BUILDING PERMITS WHILE PLATTING IS IN PROGRESS :INDIVIDUAL t STATE OF FLORIDA ) SS. COUNTY OF ) BEFORE ME personally appeared r known to me to be the person descriFed In and v o ox;cuEed the foregoing Agreement and acknowledged to and before me that executed same for the purposes herein expressed. WITNESS my hand and official seal, this r day of 19 . Notary Public My commission expires: 0 STATE OF FLORIDA ) SS. COUNTY OF ) BEFORE HE personally appeared as of r (Name of Partnership) known to me to be the person described in and who executed the foregoing Agreement and acknowledged to and before me that executed same for the purposes herein expressed. WITNESS my hand and official seal, this day of 19 Notary Public My commission expires: is GF1234 04/19/91 9 AGREEMENT BETWEEN BROWARD COUNTY, THE CITY/TOWN GF AND Florida Power And !A ht RELATING TO THE ISSUANCE OF BUILDING PERMITS WHILE PLATTING IS IN PROGRESS MORTGAGEE W tness (Mortgagee) Witness By and through: day of , 19 STATE OF FLORIDA ) SS. COUNTY OF BROWARD ) . BEFORE ME personally appeared as of , (Mortgagee) known to me to be the person described in and who executed the foregoing Agreement and acknowledged to me and before me that executed same for the purposes herein expressed. WITNESS my hand and official seal, this day of 19 . My commission expires: CATf234 04/29/91 N 10 Notary Public EMBIT A DESCRIPTION PORTIONS OF "BRACTS 21, 22, 23 AND 24. FLORIDA FRUIT LANDS COMPANY'S SUBDIVISION NO. 2. OF SECTION 7, TOWNSHIP 49 SOUTH, RANGE 41 EAST, ACCORDINCTO THE PLAT THEREOF, AS RECORDLD IN PLAT BOOK 1. PAGE 102 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, TOGETHER WITH THOSE. CERTAIN 15 AND 30-FOOT ROAD RESERVATIONS LYING ADJACENT TO SAID TRACTS. AND BEING ALL MORE FULLY DESCRIBED AS -FOLLOWS,, . COMMENCING AT THE SOUTHWEST CORNER OF THE SOUTHWEST. ONE -QUARTER (t.WJ/4) OF s4ID SECTION 7; THENCE, ALONG THE WEST LINE OF SAID SOUTHWEST ONE -QUARTER, �S.W.1/4) DF " SAID SECTION 7. NORTH 00805'06' WEST, A DISTANCE OF 15.00 FEET T_ 0 THE POINT OF BEGINNING; THENCE CONTINUING ALONG THE WEST LINE OF THE SOUTHWEST. ONE 'i-OUARTER (S,w.i/4i OF .'SAID SECTION 7, NORTH 00.05'OG' WEST, A DISTANCE OF 2640.57 FEET TO . THE NORTHWEST' POWER OF THE SOUTHWEST ONE-OUARTER (S.W.I/4) OF SAID SECTION 7; THENCE ALONG THE NORTH LINE OF THE SOUTHWEST ONE-OUARTER (S.W.1/4) OF SAID SECTION 7. NORTH 89'19'54' EAST, A pISTANCE OF 331.88 FEET TO A POINT ON THE WESTERLY FLIGHT -OF -WAY LINE OF THE SAWGRASS EXPRESS- WAY AS RECORDED IN MISCFLLANEOUS PLAT BOOK. II, PAG9 37 OF THE PUBLIC RECORDS OF BROWARD COUNTY. FLORIDA: THENCE ALONG THE WESTERLY RIGHT-OF-WAY LINE OF SAID SAWGRASS EXPRESSWAY FOR THE NEXT FIVE. (5) COURSES; (1) SOUTH 08'47479AAST, A i DISTANCE OF 720.90 FEET; (2) SOUTH 08-57'23' EAST, A DISTANCE OF 95Y.45 'fEET,, TO ' OINT OF CURVATURE OF A CURVE CONCAVE TO THE WEST, HAVING, A RADIUS OF 2940.00 T; (3) SOUTHERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 357.14"FEET. THROUGH A CENTRAL ANGLE OF 06'57'36', TO A POINT OF TANGENCY: (4) SOUTH 0105W479 ` EAST. A DISTANCE OF 603.12 FEET; (5) SOUTH 08'19'13' WEST, A DISTANCE OF 23.52 FEET TO A POINT ON A LINE PARALLEL WITH AND 15 FEET NORTH OF, AS MEASURED AT ,RIGHT ANGLES 70, THE SOUTH LINE OF THE SOlTHWEST ONE-OUARTER OF SAID SECTION T, SAME BEING THE NORTH LINE OF A 15' ROAI) RESERVATION. AS SHOWN ON AFORESAID FLORIDA FRUIT LANDS COMPANY'S SUBDIVISION NO. 2; 71I NCE ALONG SAID PARALLEL LINE, SOUTH 898071004 WEST, A DISTANCE OF 638.20 FEET TO THE POINT OF BEGINNING. SAID LANDS LYING IN BROWARD COUNTY. FLORIDA, AND CONTAINING 31.533 ACRES, MORE - OR LESS. 0