HomeMy WebLinkAboutCity of Tamarac Resolution R-89-0571
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Temp. Reso. #5340
Revised 5/19/89
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-89--
A RESOLUTION AUTHORIZING THE APPROPRIATE CITY
OFFICIALS TO EXECUTE AN AGREEMENT WITH BROWARD
COUNTY PERTAINING 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 with Broward County
pertaining to the issuance of Building Permits while platting
is in progress, for'�the Tamarac Multi -Purpose Recreation Center,
a copy of said Agreement being attached hereto as Exhibit "1".
SECTION 2: This Resolution shall become effective upon
adoption. c�
PASSED, ADOPTED AND APPROVED this o day of 1989.
ATTEST:
CAROL A. EVANS
CITY CLERK
I HEREBY CERTIFY that I have
approved this RESOLUTION as
to form.
WIC16�ZAO��
RICHARD DOOD�
CITY ATTORNE
NORMAN ABRAMOWITZ
MAYOR
RECORD OF COUNCIL VOTE
MAYOR ABRAMOWITZ
DISTRICT 1: C/M ROHR ✓�-
DISTRICT 2: V/M STELZER
DISTRICT 3: _C/M HOFFMAN
DISTRICT 4- C/M BENDER
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A G R E E M E N T
Between
BROWARD COUNTY
and
CITY OF TAMARAC
Relating to
THE ISSUANCE OF BUILDING PERMITS
WHILE PLATTING IS IN PROGRESS
For
THE TAMARAC MULTI -PURPOSE RECREATION CENTER PLAT
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 suc-
cessors and assigns, hereinafter referred to as "CITY."
W I T N E S S E T H:
WHEREAS, CITY, is the owner of a certain parcel of land,
described in Exhibit "A" attached hereto and hereinafter
referred to as the Tamarac Multi -Purpose Recreation Center
Plat, Plat No. F which Plat property is situated
within the CITY OF TAMARAC, and upon which parcel of land
CITY contemplates the construction of a one story Multi
purpose Recreation Center approximately 16,466 square feet in
size; and
WHEREAS, CITY is now desirous of issuing building
permits so that CITY may construct the Tamarac Multi -purpose
Recreation Center, hereinafter referred to as the
"Improvements" within the boundaries of said Plat; and
WHEREAS, the CITY may not ordinarily issue building
permits for construction of said Improvements within the
I boundaries of the TAMARAC MULTI -PURPOSE RECREATION CENTER
PLAT, prior to plat approval and recordation thereof; and
R .�i
WHEREAS, the COUNTY and CITY have agreed that, prior to
. the issuance of building permits, the parties shall enter
into an Agreement setting forth specific conditions applic-
able to the issuance of such building permits; and
WHEREAS, this AGREEMENT will facilitate the construction
of the improvements within the boundaries of the TAMARAC
MULTI -PURPOSE RECREATION CENTER PLAT by 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 incor-
porated herein.
2. The COUNTY and CITY agree that they do not object
to the CITY issuing building permits for construc-
tion of the Improvements within the boundaries of
the TAMARAC MULTI -PURPOSE RECREATION CENTER PLAT
prior to the approval and recordation of said Plat,
provided that:
(a) No building permits shall be issued until CITY
has filed an application with the Broward
County Office of Planning for final plat
approval of the TAMARAC MULTI -PURPOSE
RECREATION CENTER PLAT; and
(b) COUNTY and CITY agree that no certificate of
occupancy, which is complementary to the
building permits, shall be issued by CITY
unless and until CITY 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) conditions 2 (a) , 2 (b) and 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 2(a), 2(b),
and 2(c).
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 regula-
tions or are otherwise necessary to insure the
public health, safety, and welfare of the citizens
of Broward County.
5. CITY agrees not to occupy the Improvements unless
and until the TAMARAC MULTI -PURPOSE RECREATION
CENTER PLAT has been recorded in the public records
and a certificate of occupancy has been issued.
6. In the event CITY does not record the TAMARAC
MULTI -PURPOSE RECREATION CENTER PLAT within the
eighteen (18) months from the date of COUNTY
approval, as required by Chapter 5, Article IX,
Section 5-197(h), or within one six-month extension
of the recordation period permitted in Section 5-
1.97(h), CITY 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 recorda-
tion period.
7. The issuance of the building permits before final
approval or denial of the Plat shall not be con-
sidered by COUNTY or CITY as a grant to CITY of any
vested right whatsoever for the use, occupancy, or
completion of the construction of Improvements
within the boundaries of the TAMARAC MULTI -PURPOSE
RECREATION CENTER PLAT, nor shall the COUNTY be
deemed estopped from enforcing the terms of this
Agreement because of the issuance of the building
permits.
8. This Agreement shall be recorded in the Public
Records of Broward County, Florida. Recordation of
the TAMARAC MULTI -PURPOSE RECREATION CENTER PLAT
shall be an automatic release of the obligations of
CITY set forth herein.
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 by and through its Chairman,
authorized to execute same by Board action on the day of
, 1989, and the CITY OF TAMARAC signing by and
through its Mayor, duly authorized to execute same.
0
i
COUNTY
ATTEST: BROWARD COUNTY, through its
BOARD OF COUNTY COMMISSIONERS
County Administrator and Ex-
Officio Clerk of the Board of By
County Commissioners of CHAIRMAN
Broward County, Florida
day of ___--J 1989
Approved as to form and
legality by Office of
General Counsel for Broward
County, Florida
Governmental Center, Ste. 423
115 S. Andrews Avenue
Fort Lauderdale, FL 33301
Telephone: (305) 357-7600
By
r-1 L
•
AGREEMENT BETWEEN BROWARD COUNTY AND THE CITY OF TAMARAC
RELATING TO THE ISSUANCE OF BUILDING PERMITS WHILE PLATTING
IS IN PROGRESS FOR THE TAMARAC MULTI -PURPOSE RECREATION
CENTER PLAT.
WITNESSES:
ATTEST:
�J
CAROL A. EVANS, CITY CLERK
(CORPORATE SEAL)
agrmt.rec.centr
L�
CITY
CITY OF TAMARAC
0
RMAN ABRAMOWITZ, MAYOR
day of 1989
KELLY, TY MANAGER
S day of , 1989
APPROVED AS TO FORM:
ByQtbL�___0&9&1==
RICHARD L. DOODY
CITY ATTORNEY
400 N E 314u AVENUE
IoltT LAW0111DA69. F'LDAIDA
MCLAUGHLIN ENGINEERING CO.
SHEET 1 of Z lam,
ENGINEERS- SURVEYORS
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SKETCH AND DESCRI PTIO14
A portion of Tract 16. of FORT LAUDERDALr TRUCK FARMS SUBDIVISION
of Section 4. Township 49 South, Range 41 East, according to the
plat thereof, as recorded in Plat book 4, Page 31, of the public
records of broward County, Florida, being more particularly
described as follows:
Commencing at the Southeast corner of said Section 4; thence
North 00 12' 16" West, along the East line of said Section 4, a
distance of 3264.10 feet; thence South $90 47, 44' West, a
distance of 60.0 feet to a point on the West right-of-way line of
University Drive (120 foot right-of-way); thence continuing South
890 47' 44" West, a distance of 680.00 feet; thence South 00 12'
26" East, a distance of 85.00 feet; thence South 120 51' 08"
'East, a distance of 431.86 feet to a point of curve; thence
Southerly and Easterly, along the arc of circular curve to the
left with a central angle of 10 44' 2211, a radius of 600.00 feet,
an arc distance of 18.21 feet to the Point of Beginning; thence
continuing Southeasterly along the arc of said curve, with a
central angle of 70 22' 08", a radius of 600.00 feet, an arc
distance of 77.17 feet; thence North 890 47' 44" East, a distance
of 324.39 feet; thence North 00 12' 16" West, a distance of
186.50 feet; thence South 890 47' 44' West, a distance of 207.00
feet; thence South 00 12' 16" East, a distance of 113.19 feet;
thence South 89v 47' 44" West, a distance of 141.31 feet to the
Point of Beginning.
Said land situate, lying and being in the City of Tamarac,
Broward County, Florida, and containing 48,152 square feet, or
1.1054 acres, more or less.
• Certified correct. Dated at Fort Lauderdale, Florida, this 21st
day of February, 1989.
MOTES: 1) THIS IS NOT A SURVEY 2) This property was not
abstracted for easements, reservations or rights -of -way of
record, by McLaughlin Engineering Co. 3) Legal description
prepared by McLaughlin Engineering Co., this 21st day of
February, 1989. 4) Bearings shown hereon refer to an assumed
bearing of North 01, 22' 16" West, along the East line of said
Section 4, Township 49 South, Ranee 41 East
Mc LAUGHLIN ENGINEERING COMPANY
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Robert.C. Mc Laughlin
Registered Land Surveyor No.3356
State- ref Florida.
"NOT VALID UNLESS SEALED WITH AN EMBOSSED SURVEYORS SEAL"
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S)CETCH AND DESCRIPTION
A portion of Tract 36, of Pow ljwD1ER-
DALE TRUCK FARMS SUDDIVIS10% of section
4, Township 49 South, Range 41 East,
according to the plat thereof, as records
in Nat Book 4, Page 31, of the public
records of Sroward County, Florida, being
more particularly described on Sheet
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McLAUGHLIN ENGINEERING CO.
ENGINEERi • GU11VEYONS
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MCLAUGHLI. ENGINEERING Co.
Roseit C. McLaughlin
Registered Land Surveyor No. 3356
State of Florida
"Not Valid Unless Sealed with an embossed Surveyom Seat"
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