HomeMy WebLinkAboutCity of Tamarac Resolution R-89-280Temp. Reso. #5591
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CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-89-oZ BO
A RESOLUTION APPROVING A DEVELOPMENT REVIEW
AGREEMENT OFFERED BY TAMARAC PARTNERS,
LTD., FOR THE MELAUR MEDICAL PLAZA PLAT;
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 a Development Review Agreement offered by
Tamarac Partners, LTD., for the Melaur Medical Plaza plat, a copy
of said agreement being attached hereto as "Exhibit 111.
SECTION 2: That the City Clerk is hereby authorized and
directed to record said agreement in the public records of Broward
County, Florida.
SECTION 3: This Resolution shall become effective upon
adoption.
PASSED, ADOPTED AND APPROVED this g day of 1989.
NORMAN ABRAMOWITZ
MAYOR
ATTEST:
CAROL A. EVANS -
CITY CLERK
I HEREBY CERTIFY that I have RECORPOF COuNCdLVOTE
approved this RESOLUTION as MAYOR AB_RAMOWITZ e
to f o m. ..,...
DISTRICT 1: C/M ROHR
RICHARD DOODY DISTRICT 2: C M §LELZER
CITY ATTORNEY DISTRICT I C/M LLOMdAN
DISTRICT 4: V/M BENQER
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DEVELOPMENT REVIEW AGREEMENT
THIS AGREEMENT made between Tamarac Partners, Ltd.
OWNER of 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".
WITNESSETH:
WHEREAS, the OWNER has applied to the City of Tamarac for a
Development Permit as defined in the Tamarac Land Use Plan, and
WHEREAS, the implementation section of the Tamarac 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 building permits may be issued prior
is to the CITY making affirmative findings on all points set forth in the
implementation section of the Tamarac Land Use Plan, and
WHEREAS, the par -ties agree that the current stage of
development is not the proper stage to make the necessary development
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 development review requirements contained in the Land Use Plan
have been satisfied.
3/17/80
(� - 9 �-02' e
NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS HEREIN
THE PARTIES AGREE AS FOLLOWS:
1. OWNER, its agents or assigns, will not apply 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 requirements currently contained in the Tamarac Land
Use Plan, as the same may be amended from time to time, have been
satisfied.
2. The parties agree that the appropriate time for the
making of the necessary findings under the implementation section of
the Tamarac Land Use Plan is during the site plan process and that the
OWNER, its successors or assigns, will, during the Site Plan Review
Process, provide all necessary information requested or required by the
CITY to enable the CITY to make the necessary development review
findings under the City of Tamarac Land Use Plan.
3. OWNER agrees that any approval of a Development Permit
including, without limitation, rezoning or special exception approval 0
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 requirement. 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 binding upon all
future owners of the property described in Exhibit "A".
IN WITNESS WHEREOF, the parties have set their hands 0
2. 3/17/80
K) — O q-c o
th i s 7 day of 198':
_ n
WITNESS
i v
ATTEST:
601444.01
CITY ATTORNEY
Approved as to form
• NEW YORK
STATE OF Rlaqkk )
Nassau
COUNTY OF MWft ) S.S.
Sea]. of
OWNER Melaur
Tamarac
/ Corp.
Henry T. Schwaeb 'r, Vice -President of
Melaur Tamaracrc Corp., General. Partner
of Tamarac F TAMARACs Ltd.
r
I HEREBY CERTIFY that on this day, before me, an officer duly
authorized in the State and County aforesaid to take acknowledgments,
personally appeared HenryT. Schwaeber of Tamarac Partners, Ltd.
, well known to me to be the Vice -President of
Melaur Tamarac Corp.,
who acknowledged before me
that he executed the same as the act and deed for the said Corporation
for the uses and purposes therein expressed.
WITNESS my hand and official seal in the State and County
last aforesaid, this 13th day of September, 1989.
Ns.4i
CammM�ion 6girM Nor r fN.:�: New Y o r k
My commission expires:
STATE OF FLORIDA )
) SS:
COUNTY OF BROWARD )
Seal
I hereby certify that on this day, before me, an officer duly
authorized in the State and Count -,aforesaid to take a nowledgm$nts�,
personal ly appeared ' � 7 x,c,� 7� zti, r`- and -� /. /.e�Z;
well known to me to be the % and!�
a
3. 7/12/82
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who acknowledged before me that they executed the same as the act and
deed for the said Corporation for the uses and purposes therein expressed.
WITNESS my hand and official seal in the State and County
last aforesaid, this / 7 / Y�
NOTARY PUBLIC, STATE OF FLORIDA
My commission expires:
NOTARY PUBLIC STATE OF FLORIDA
NY CDNNISSION EXP SEPT 17,1920
NONDED TYRO GENERAL INS. UNO.
STATE OF F ORIDA )
COUNTY OF BROWAR SS:
I hereby tify that on this day, before me, an officer duly
duly authorized in the St a and County aforesaid to take acknowledgments,
personally appeared of
oell known me o e e o
who knowledged before me that he executed
e same as a actan deedfor the id Corporation for the users and
purposes therein expressed.
WITNESS my hand and official seal the State and County
last aforesaid, this
My commission expires:
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4. 7/12/82
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A PORTION OF TRACT 17, FORT LAUDERDALE TRUCK' FARMS, /N SECT/ON /,
TOYNSH/P 49 SOUTH, RANGE 41 EAST, AS RECORDED /N PLAT BOOR' '(, PAGE J1,
OF THE PUBLIC RECORDS OF BRONARD COUNTr, FLORIDA, BE/NC MORE 0ARTICULARtr
DESCR / BEO AS FOL L ONS.
COMMENCING AT THE NORTHEAST CORNER OF 'BlC MAX', AS RECORDED IN PLAT BOOR'
99, PAGE 48, OF THE PUBLIC RECORDS OF BROKARO COUNTY, FLORIDA; THENCE
SOUTH 00'12'16' EAST, ALONG THE EAST LINE OF SAID PLAT, A DISTANCE OF
SO. O/ FEET; THENCE NORTH 89'01 'SO' NEST, ALONG THE SOUTHERLY LINE OF SAID
PLAT, A DISTANCE OF 74.29 FEET FOR THE POINT OF BEC/NNINC; THENCE NORTH
59'01 'SO' )PEST, ALONC THE SOUTHERLY LINE OF SAID PLAT, A DISTANCE OF
26S.71 FEET; THENCE SOUTH 00'12'16' EAST, ALONG THE FASTER[ r LINE OF SAID
PLAT, A DISTANCE OF J74.99 FEET; THENCE SOUTH 89'01'SO' FAST, A DISTANCE
OF 300 FEET, TO A POINT L r/NC 40 FEET NEST OF THE NESTERL Y L INE OF A
120. 00 FOOT RIGHT-OF-NAr / 0. R. BOOK (65J, PACE 6S7), R'NO01 AS UNI YERSI TY
DRIVE; THENCE NORTH 00'I2'16' NEST, ALONG A LINE NHICH /S 100.00 FEET NEST
OF (AS MEASURED AT RIGHT ANGLE 70), AND PARALLEL NITH THE EASTERLr LINE of
AFORESAID SECTION 4, A DISTANCE OF J40.70 FFET; THENCE
NORTH a�('J7'03' NEST, A DISTANCE OF 4.0,99 FEET TO THE PO/NT OF gEGINNINC,
S.:;D LANDS SITUATE, LrING AND BEING /N THE C/Tr OF TAMARAC, BRONARD COUNTr,
FLORIOA AND CONTAINING 2.S69 ACRES MORE OR LESS,
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