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HomeMy WebLinkAboutCity of Tamarac Resolution R-89-1151 2 KE Cm 28 29 30 3 3 33 1 35 Temp. Reso. #5406 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-89- A RESOLUTION AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF TAMARAC, BROWARD COUNTY AND RK DEVELOPMENT CORP. RELATING TO THE ISSUANCE OF BUILDING PERMITS WHILE PLATTING IS IN PROGRESS; AND PROVIDING AN EFFECTIVE DATE. 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 between the City of Tamarac, Broward County and RK Development Corp. relating to the issuance of building permits while platting is in progress, a copy of said agreement being attached hereto as "Exhibit 1". SECTION 2: This Resolution shall become effective upon adoption. A - PASSED, ADOPTED AND APPROVED this �Q day of 1989. NORMAN ABRAMOWITZ ATTEST: MAYOR CAROL A. EVANS CITY CLERK - I HEREBY CERTIFY that I have approved this RESOLUTION as to form. 1 & a4,Q�Clj RICHARD DOODY CITY ATTORNEY RECORD Or UUUNCIL VOTE MAYOR .ABRAMOWITZLLf-- DISTRICT 1: C/M HER . DISTRICT 2: C M O.EUER DISTRICT 3: C/M H A'. DISTRICT 4: VENDER 49 (Permit12 . IA) Incorporated Areas Plat Approval t A G R E E W E N T Among BROWARD COUNTY and RK DEVELOPMENT CORP., a Florida and CITY OF TAMARAC Relating to THE ISSUANCE OF BUILDING PERMITS WHILE PLATTING IS IN PROGRESS *EA Enterprises, Inc., Jack Blau trading as EA-JB Properties, Patert Realty Corp., a New York Corporation, Mike S. Giourgas and George S. Giourgas and Peggy Giourgas, his wife. r 0 AGREEV.ENT Among BROW kRD COUNTY and RK DEVELOPMENT CORP., a Florida Corporation* and CITY OF TAMARAC Relating to THE ISSUANCE OF BUILDING PERMITS WHILE PLATTING IS IN PROGRESS This is an Agreement among: BROWARD COUNTY, .a political sub- division of the State of Florida, its successors and assigns, hereinafter referred to as "COUNTY," through its Board of County Commissioners; AND CITY OF TAMARAC organized and existing under the laws of the State of Floridal, itscorporatiosucces- n sors and assigns, hereinafter referred to as "CITY"; AND RK DEVELOPMENT CORP., a Florida Corp.* its successors and assigns, hereinafter referred to as "DEVELOPER." W I T N E S S E T H: 1,'HEREAS, DEVELOPER, is the owner of a certain parcel of lard, described in Exhibit "A" attached hereto and hereinafter referred to as the RK Plat located on Co erciil Blvd. & N.W. 70 ha Ave. Plat No. and situated within the City o Tamarac on which parcel of land DEVELOPER contemplates the construction of 82, 740 sq. ft . of retail, commercial & office uses ; and *EA Enterprises, Inc., Jack Blau trading as EA-JB Properties, Patert Realty Corp., a New York Corporation, Mike S. Giourgas 44 and George S. Giourgas and Peggy Giourgas, his wife. pn-lls` WHEREAS, DEVELOPEa is now desirous of obtaining building permits from the CITY so that DEVELOPER may construct 82,740 sq. ft. of retail, commercial & Office uses retNrred to as the "Improvements' within the boundaries of said Plat r i and WHEREAS, the CITY may not ordinarily issue building permits to DEVELOPER for construction of said Improvements within the boundaries of the RK Plat Plat, prior to plat approval by the CCUNTY and recordation thereof; and WHEREAS, on �� 19 � the COUNTY authorized the issuance of building permits y the CITY to DEVELOPER for construction of said Improvements within the boundaries of the RK Plat and Plat prior to plat approval and recordation; WHEREAS, DEVELOPER shall be required to pay actual or estimates 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 RK Plat Plat by DEVELOPER in the CITY during the time that the Plat of the property is being processed; 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 DEVELOPER for construction of 2,740 sq. ft. of retail, commercial & office uses within the boundaries of the RK PlatPlat prior to the approval and recordation of said Plat, provided that: (a) no building permits shall be issued unless and until DEVELOPER shows documentation to CITY that it has filed an application with COUNTY for final plat approval of the RK Plat Plat; and (b) no building permits shall be issued by CITY unless and until DEVELOPER shall document payment of the impact fees to the • -2- 82,740 sq.ft. of retail, COUNTY which are due for construction of commercial & office uses pursuant to Chapter 5, Article IX, Broward County Code of Ordinances, the Land Development Code, and 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 (c) no eertificcle of occupancy, which is complementary to the building permits, shall be issued by 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 (d) conditions 2(c) shall appear on the face of the building permits issued by the CITY. 3. The CITY agrees that any building permits issued for construction of said Improvements shall be issued in accordance with paragraphs 1(a) , 2(b), 2(c) and 2(d), 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 left to the discretion of the CITY. 4. Nothing in this Agreement shall prejudice the COUNTY'S' right to impose herein conditions on approval of the Plat covering the lands described which are required by COUNTY plat ordinances and regulations or are welfare otherwise of the citizens necessary to insure the public of Broward County. health, safety, and 5: DEVELOPER 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. DEVELOPER agrees to immediately cease all construction activities on the subject premises and shall forthwith remove the Improvements within six (6) months of the adoption by the Board of County Corrmis- sioners of- a development order denying DEVELOPER'S application for a development permit. The COUNTY shall refund any impact fees which have been paid after the Improvements have been removed. 8. In the event DEVELOPER does not record the. RK Plat Plat within the eighteen (18) months from the date a OUNTY approval, as required by Chapter 5, Article IX, Section 5-197(h), or within one six-month extension of the recordation period permitted in -3- I/r Section 5-197(h), DEVELOPER 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. 9. The issuance of the building permits before final approval or denial of the Plat shall not be considered by DEVELOPER, COUNTY, or CITY as a grant to DEVELOPER of rnv vested right whatsoever for the use, occupancy, or completion of the construction of Improvements within the boundaries of the RK Plat Plat, nor shall the COUNTY or CITY be deemed estopped from enforcing the terms of this Agreement because of the issuance of the building permits. IN WITNESS WHEREOF, the p&rties hereto have made and executed this Agreement on the respective dates under each signature: BRCIYARD COUNTY through its BOARD OF COUNTY COMMISSIONERS, signing by and through its Chairman, authorized to execute same by Board action on the aay of 19 and the signing by and through its*hlayor, duly authorized to execute same, and (see signature pages) signing by and through duly authorized to execute some. ATTEST: *City Manager COUNTY BROW ARD COUNTY, through its BCARD OF COUNTY COMMISSIGNERS ounty Administrator and Ex- Officio Clerk of the Board of By County Commissioners of Chair -man Broward County, Florida day of 19 Approved as to form and legality by Office of General Counsel for Broward County, Florida SUSAN F. DELEGAL, General Counsel Governmental Center, Suite 423 115 South Andrews Avenue • Fort Lauderdale, Florida 33301 Telephone: (305) 357-7600 By Assistant General Counsel -4- a R-ffq-il�r Ll AGREEMENT AMONG BROWARD COUNTY AND CITY OF TAMARAC AND RK DEVELOPMENT CORP. & other!RELATING TO THE ISSUANCE O BUILDING PE MIT-5 H G PLATTING IS IN PROGRESS WITNESSES: CITY i B y21,111AJhu -iayor-Commissioner day of 19, ATTEST: C7City Ma alter City Clerk day of 19�. (CORPORATE SEAL) APPROVED AS TO FORM: • B Y City Attorney -5- A_07-//.s Mi AGREEMENT ANIONG BRO BARD COUNTY AND CITY OF TAMARAC AND RK DEVELOPMENT CORP. & others RELATING TO THE ISSUANCE O BUILDING PERMITS WHILE PLATTING IS IN PROGRESS DEVELOPER WITNESSES: 0" (CORPORATE SEAL) CORPORATION STATE OF FLORIDA ) 55. COUNTY OF Dade ) RK DEVELOPMENT CORPORATION By : &�645; Hatold Kessler, President First day of March 19 89 BEFORE ME personally appeared Harold Kessler and as President and ecretary of RK Development CorporatIgn a Florida corporation, known to me to be the person(,ec described in and who executed the foregoing Agreement and acknowledged to and before me that they executed some for the purposes expressed herein. 19—U-. WITNESS my hand and official seal, this first day of March , My commission expires: NOTARY PUBLIC. STATE OF FLORIDA. MY COMMJi i$10N EAHRES: SEPT. S. 1992. 9ONOCP TNRU NOTARY PUNUC UND[RWRITCR\. A -G-a 17 Notary Fublic I 11 AGREEMENT AMONG BROIVARD COUNTY AND CITY Or TAMARAC AND RK DEVIkLaPMENT CORP. 6 others RELATING TO THE ISSUANCE OF BUILDING PE Iv117S 11'fIILE F'LATTIN I5 IN PROGRESS WITNESSES: —Z' -L�� 4 (CORPORATE SEAL) CORPORATION STATE OF FLORIDA ) ,B1Z(il�) SS. COUNTY OF ) DEVELOPER EA EN RPRIpES, C. By Nathan S. Ancell, president 7�; AATW' day of 19 ©EFORE ME personally appeared bi-Aw and as President and Secretary of Known to me to be the person(s) described in and who executedt'onthe foregoing Agreement and acknowledged to and before me that they executed same for the purposes expressed herein. WITNESS my hand and official seal, this �U day of 19 r tary P b is N:y commission expires: NOTARY PO8l1C STATE OF FLOPM MV C.3NM]SN1jM Ell?. JAN, �,1991 gUOEG TK1.0 GENERAL IrS. GMO. _6_ b AGREEMENT AMONG BROWAP,D COUNTY AND CITY OF TAMARAC AND RK DEVELOPMENT CORP. & others RELATING TO THE ISSUANCE OF i BUILDIN PE Nil S WHILE PLATTING IS IN PROGRESS DEVELOPER INDIVIDUAL WITNESSES. J k tau b a EA-JB PROPERTIES day of STATE OF FLORIDA ) ) SS. COUNTY OF f(I ) 1989. Before me personally appeared Jack Blau d/b/a EA-JB PROPERTIES to me well known and known to me to be the person described in and who executed the foregoing instrument, and acknowledged to and before me that HE executed said instrument for the purposes therein expressed. WITNESS my hand and official seal, this day o 19. My commission -expires: NOTARY PUBLIC STATE OF KLOPIOA NY COMMISSI^N EXP. JAM. 3.1991 lOROEG TMFU GENENAL INS. UNO. JZA) ) Notary Kiblic State of Flori at Large 6(c) AGREEMENT AMONG BROI';ARD COUNTY AND CITY OF TAMARAC AND RK DEVELOPMENT CORP. 6 others RELATING TO THE ISSLIANEE OF 13UILDING PERMITS WHILE PLATTING IS IN PROGRESS DEVELOPER WITNESSES: By. - PATERT REALTY CORP. 04�'V:o - Ax'��� - Leon D. Pendleton, President 2jeday of r 19 0 /. (CORPORATE SEAL) CORPORATION STATE OF FL ORIDA ACl"W" j S$ DEl - ME ersonally appeared �C"�'i�/ �•%f� ��7�'/1/and LC/lam as Pros'dent and Secretary of r a corporation, known to me to be thcf person(s) described In anCr who executed the foregoing Agreement and acknowledged to and before me that they executed same for the purposes expressed herein. WITNESS my hand and official seal, this AIA-rday of 1 J1. 16 r u u l c -0 OFFICIAL SEALJ"+4;-•.: C IV, commission expires: CHARLESR.L.WHITE . y P } Notary Pubtk State of noride :�,�� •t�, MY CAmmlubn EM it P e; August 1, 1992 0 6(d) AGREEMENT AMONG ®RONARD COUtvTY AND CITY OF TAMARAC AND RK DEVELOPMENT CORP. & others RELATING TO THE ISSUAN E OF i DUILDIN NEKlvil S WHILE FLATTING 1§ IN PROGRESS ` WITKSSES: STATE OF FLORIDA ) SS. • COUNTY OF ) Before me personally appeared DEVELOPER INDIVIDUAL_ day of MIKE S. GIOURGAS to me well known and known to me to be the person described in and who executed the foregoing instrument, and acknowledged to and before me that HE expressers. executed said instrument for the purposes therein WITNESS my hand and official seal, this a�"'1 day of 19 r`? My commission .expires : NOTARY PUBLIC STATE OF ROM A NY C011105i�% EYD. OC7. 7,1991 SOKE0 IHRJ GENERAL INS. UNA. ota Inc -----�� State of Florida a Large %a 1999. I g" r., 1/6 r CITY Or TAMARAC AND AGREEIAENT AMONG DRO ARD COUNTY AT RELATING T Tlil: ISSUANt-� OF ND RK DEVELOPMENT CORP. & others BUILDING KKMITS WHILE FLATTING I IN PROGRESS 0 DEVELOPER INDIVIDUAL 5 5 I- S . STATE OF FLORIDA uay ui r ��.r• SS. COUNTY OF ) GEORGE S. GIOURGAS Before me personally appeared , to me well known and known to me to be the person described in and who executed the foregoing instrument, and acknowledged to and before me that HE executed said instrument for the purposes therein expressed. J i WITNESS my hand and official seal, this 74d day of 19�U r ary u is , State of Florida at Large Any commission expires: ', • r . 7b gwBY- «s AGRGCfviCNT AMONG Df:OY►'ARD COUI:TRELnT CITY Or TAMARAC AND NG l' THE ISSUAN l: OF RK DEVELOPMENT CORP. & others L3UILDIN HERMITS WHILE FLATTING IS IN PROGRESS DEVELOPER INDIVIDUAL ' Wl ES CS: STATE OF FLORIDA day of , 1989. SS. COUNTY OF ) Before me personally appeared PEGGY GIOURGAS to me well known and known to me to be the person described in and who executed the foregoing instrument, and acknowledged to and before me that SHE executed said instrument for the purposes therein expressed. WITNESS my hand and official seal, this ap ,:/day tary P State of Florida at Larc:e Nay commission .expires 7 c k-n-ld r AGREEMENT AMONG BROWARD COUNTY AND RK � AND � {, RELATING 1) THE ISSUANCE UF BUILDING PERMITS WHILE PLATTING 15 IN PROGRESS PARTNERSHIP STATE OF FLORIDA ) COUNTY OF BEFORE ACE personally appeared 71( 7Zf-' ( Pdame o Partnership known to me to be the persons described in and who executed the foregoing Agreement and acknowledged to and before me that Z/Zl executed. same for the purposes herein expressed. WITNESS my hand and official seal, this L- day of My commission expires: utav MItC sthit N noM1eA gV C MMlfatoM UP Kf1 VOW $Me TM itsnu In. W. -8- Notary Public LJ 0 g.gpq. /1,45' N [ N l H =W 1%/ 3 s t I� rw7'i •t 2DW101 •10'I1 '13tr"] ImOrs31r 301SW1h1v T. 1]wY: �I t }tFI _i[:l. I I Ft i r t.. i .1.. ..1..,....... I fill EXHIBIT "A" C R- 81-ur EXHIBIT "A" LEGAL DESCRIPTION OF PLAT DESCRIPTION A PARCEL OF LAND LYING IN TRACT 15, OF THE 'FORT LAUDERDALE TRUCK FARMS' SUBDIVISION OF SECTION 10, TOWNSHIP 49 SOUTH, RANGE 41 EAI- T, AS RECORDED IN PLAT BOOK 4, PAGE 31, OF THE PUBLIC RECORDS OF BROWARD , :OUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF SAID SECTION 10; THENCE N 00'00'16' W, 53.01 FEET ALONG THE EAST LINE OF SAID SECTION 10; THENCE N 89'0I'23' W, PARALLEL PARALLEL WITH THE SOUTH LINE OF SAID SECTION 10, 1760.00 FEET TO THE POINT OF BEGINNING. THENCE CONTINUE N 89'01'23' W. ALONG SAID PARALLEL LINE, 200.00 FEET; THENCE N 00'00'16' W. 7.00 FEET TO A POINT ON A LINE 60.00 NORTH OF AND PARALLEL WITH THE SOUTH LINE OF SAID SECTION 10; THENCE, N 89'01'23' W, 100.00 FEET; THENCE SOUTH 00'00'16' E, 7.00 FEET TO A POINT ON A LINE 53.00 FEET NORTH OF AND PARALLEL WITH THE SOUTH LINE OF SAID SECTION 10; THENCE, N 89'01'23' W, ALONG SAID PARALLEL LINE, 100.00 FEET; THENCE N 00'00'16' W, 7.00 FEET TO A POINT ON A LINE 60.00 FEET NORTH OF AND PARALLEL WITH THE SOUTH LINE OF SAID SECTION 10; THENCE N 89'01'23' W ALONG SAID PARALLEL LINE, 235.00 FEET; THENCE, S 00'00'16' E. 7.00 FEET T'O A POINT ON A LINE 53.00 FEET NORTH OF AND PARALLEL WITH THE SOUTH LINE OF SAID SECTION 10; THENCE. N 89'01'23' W, ALONG SAID PARALLEL LINE, 200.00 FEET; THENCE_ N 00'00'16'W ALONG THE EAST RIGHT-OF-WAY LINE OF N.W. 70th AVENUE, AS RECORDED IN O.R.B. 5432, PAGE 631 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA. 287.57 FEET; TO A POINT OF CURVATURE OF A CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 25.00 FEET; THENCE NORTHERLY AND NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 90'58'53', AN ARC LENGTH OF 39.70 FEET TO A POINT ON A LINE 13.00 FEET NORTH OF AND PARALLEL WITH THE SOUTH RIGHT-OF-WAY LINE OF NORTHWEST 57TH STREET; AS RECORDED IN O.R.B. 3918. PAGE 854 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA; THENCE S 89'01'23' E, ALONG SAID PARALLEL LINE 835.00 FEET; THENCE S 00'00'16' E 313.00 FEET TO THE POINT OF BEGINNING. CONTAINING 258,830 SQUARE FEET, OR 5.94 ACRES, MORE OR LESS. ASL: 187 •-•087-109 ••- -9-