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HomeMy WebLinkAboutCity of Tamarac Resolution R-89-0571 2 3 4 5 6 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 10 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 r 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 9&Kzzv�- — Robert.C. Mc Laughlin Registered Land Surveyor No.3356 State- ref Florida. "NOT VALID UNLESS SEALED WITH AN EMBOSSED SURVEYORS SEAL" c/d/e Q-1517.des .0 w &D BOOK No. DB 0RDER No. DRAWN BY CHECKED BY i ` g 8v-s7 i00 N E iAD AVENUE Fo11T LAUD[11DA69. FLORIDA Ic INDICATES MARKERS SCALE: I" = / 00' 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 Z of Z. P•0 6.1 R i ov Q o- 4� 7•tZ'O1` /Is 77-/9• '� f� McLAUGHLIN ENGINEERING CO. ENGINEERi • GU11VEYONS �►r L IlprAl, 1ALM CT i 1 r♦ 2,11►V1APALM C11 •• • a. t11,rCt111 PALM CIA • 11�1{CU wl,.. t ,I,Sacco 1lprwl rAlMC111 rN�c / plt•,tNll doo C1 { ►A►M TTI S. rAlMt T1p 1A►M C111 T n ►:+t'� wA �i1 3 4 '� � � •CAM .. >r C^t=}TwTs•; tsar ►� • r" � txCT w �Lwr rlpt epM,rNr CL1w+ w , . • - riti-v/rr MA** &V•rr. s. S9.4y'���w tidal A�• 60.00' 1 s ls•��'��"w to�oo• Al 19'I7'4# E d rt. 9!• i SO 1 .ff. COY CAIrt sEr• �•f! • >t/ MCLAUGHLI. ENGINEERING Co. Roseit C. McLaughlin Registered Land Surveyor No. 3356 State of Florida "Not Valid Unless Sealed with an embossed Surveyom Seat" I FIELD BOOK No. &fLym JOB ORDER No. O /5/7 DRAWN BY CHECKED BY