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HomeMy WebLinkAboutCity of Tamarac Resolution R-88-083Temp. Reso. *4986 1 2 3 4 5 81 .9 10 11 12 13 14 15 16 17 a 20 21 22 23 24 25 26 27 28 29 30 1 33 34 35 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-88- Z�3 A RESOLUTION AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE A NEW AGREEMENT AMONG THE CITY OF TAMARAC, BROWARD COUNTY AND LENNAR HOMES, INCORPORATED, RELATING TO THE ISSUANCE OF BUILDING PERMITS WHILE PLATTING IS IN PROGRESS FOR THE FAIRFAX I PROJECT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 2(e) of Resolution *R-88-53 approved an agreement between Broward County, the City of Tamarac and Lennar Homes, Incorporated, relating to the Issuance of building permits while platting Is In progress for a total of 108 units and a guardhouse at the Fairfax I project; and WHEREAS, Lennar Homes, Incorporated, wishes to amend Its prior request for permission to obtain building permits for 108 units and a guardhouse, by now requesting permission for 36 units and a guardhouse prior to recordation of the plat. NOW, THEREFORE, 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 new agreement among the City of Tamarac, Broward County and Lennar Homes, Incorporated, granting permission to Lennar Homes, Incorporated, to obtain building permits while platting Is In progress for 36 units and a guardhouse at the Fairfax I project (a copy of the new agreement Is attached hereto as "Exhibit 1"). SECTION 2: This Resolution shall become effective Immediately upon adoption. PASSED, ADOPTED AND APPROVED this 1� day of , 1988. ATTEST: CAROL E. BARBUTO CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as t 0 form. RICHARD DOODY CITY ATTORNEY NORMAN ABRAMOWITZ MAYOR RECORD OF COUNCILVOTE MAYORABRAMOWITZ DISTRICT 1: C/M ROHR DISTRICT 2: VV/� ER WSTRICT 3: C OFFEl AN DISTRICT4 w, rL : j rer tm lr. c . i H ) -- rroposea Incorporated Areas Plat Approval L� A G R E E M E N T Among BROWARD COUNTY and CITY OF TAMARAC and LENNAR HOMES INC. Relating to THE ISSUANCE OF BUILDING PERMITS WHILE PLATTING IS IN PROGRESS 40 :7 F--,ff-k3 A G R E E M E N T Among BROWARD COUNTY 0 and CITY OF TAMARAC and LENNAR HOMES, INC. Relating to j PE 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; FA H a municipal corporation organizes and existing under the laws of the State of Florida, its succes- sors and assigns, hereinafter referred to as "CITY"; 0 AND LENNAR HOMES, INC. its successors and assigns, hereinafter referred to as " EVELO E ." W ITNESSETH: WHEREAS, DEVELOPER, is the owner of a certain parcel of lard, described in Exhibit "A" attached hereto and hereinafter referred to as the FAIRFAX Plat, Plat No. 202-mp-$7 _, located no.of Clairmont & intersec.of NW 106 Av.& NW 71 Plana and situated within the , on which parcel of land DEVELOPER contemplates the construction of 1 Buildin 36 &arden a artments & guardhouse ; and 0 WHEREAS, DEVELOPERS is now desirous of obtaining building permits from the CITY so that DEVELOPER may construct 1 Building 36 garden a artments & guardhouse I hereinafter rererred 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 FAIRFAX Plat, prior to plat approval by the CCUNTY and recordation thereof; and WHEREAS, on , 19 , the COUNTY authorized the issuance of building permits by the CITY to DEVELOPER for construction of said Improvements within the boundaries of the FAIRFAX Plat prior to plat approval and recoraation; and 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 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 Guardhouse & 1 Building 36 garden apartments within the boundaries of the A Tr Plat prior to the approval and recordation of S lat, 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 FAIRFAX Plat; and (b) no building permits shall be issued by CITY unless arc; urn; DEVELOPEi. shall docLir (!rIt I,avment of the impact fFes to, th.• CJ _ f "` o 3 Guardhouse and I Bui 1 c' ! COUNTY which are due for construction of 36 garden apartments 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 certificate 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 reWietions 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 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 citizens of Broward County. S. 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 Commis- 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 FAIRFAX Plat within the eighteen (18) months from the date or CUUITY approval, as required by Chapter 5, Article IX, Section 5-1117(h.), within one six-month extension of the recorc.atia!i period perms:te, 0 _VS,4f— d 3 • 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 any vested right whatsoever for the use, occupancy, or completion of the construction of Improvements within the boundaries of the F6TRV6X Plat, nor shall the COUNTY or CITY be deemed estoppel from enforcing the terms of this Agreement because of the issuance of the building permits. 10. This Agreement shall be recorded in the Public Records of Broward County, Floricia, at the DEVELOPER'S expense. Recordation of the Plat shall be an automatic release a the obligations or UtVLOPER et 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 COMMISSICNERS, signing by and through its Chairman, authorized to execute same by Board action on the day of 19 and the CITY OF T'AMARAC signing by and through its Mayor, duly authorizes to execute same, and signing by and throuc_ h its -Vice P , auly authorized to execute same. 0 - COUNTY ATTEST: BROWARD COUNTY, through its BOARD CF CGUNTY CCbimiSSICNERS ounty Administrator and Ex- Officio Clerk of the Board of By County Commissioners of hairman Broward County, Florida day of , 19 L� . AGREEMENT AMONG BROWARD COUNTY AND CTTY OF TAMARAC AND RELATING TO THE ISSUANCE OF BUILDING S WHILE PLATTING IS IN PROGRESS WITNE SES: ATTEST: City Clerk (CORPORATE SEAL) 0 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 CITY By ayor �� day of 19�. APPROVED AS TO FORT: By Q City Attorney � 1, (/ '� >_ ♦3 0 0 rI L • AGREEMENT AMONG BROV.ARU COUNTY AND CITY (,r TA°1;1I•;:1C AND LENNAR HOMES TNC. RELATING Tv T iiE BUILDING PEKf,,',IT5 IbHILE P;._AT TINU 15 IN PRCGPESSZ DEVELO WITNE4ES: / aor usis, e Pr ident ?a hleen Sierra, Ass't Secretary r � ��-X2 .� 4 1/ 16 thdaY of (CORPORATE SEAL) CORPORATION STATE OF FLORIDA ) ) SS. COUNTY OF BROWARD ) March 1988 . BEFORE ME personally appeared N. Condorousis and SierraKajhlegn as Vice President L Ass't ..Se-ret! r-• of T�E»tUAR F1.QME5...--INC. �• a F1o,.d,acorporation, known to me to be the person(s) described in and who executed the foregoing Agreement and acknowledged to and before me that they execute_; seine for the purposes expressed herein. WITNESS my hand and official seat, this i 6 day of N. & Vy zommission eynireas : J hn:r:r�, Public:..--- L'CT1,RY PJELTC STATE V FLORIDA wr CC`iN!ssTerr txN. JAN 7a,1990 BO."iJ�� TH:7G GENI-RAL iNS. L J g e, 93 AGREEMENT Ah*.ONG BRO4%'ARD COUNTY AND I "' I)!' ' AND I,FNNAP Iic)�trs TNc. RELATING TO THE ISSUANCE OF PUILUIN-- PERMITS,H L A I11: IS IN PROGRESS CORPORATION STATE OF FLORIDA ) ) SS. COUNTY OF BROWARD ) BEFORE ME personally appeared r . Cc1160: ousis and Assistant Kathleen Sierra as flyresident and/ Secretary of a Flan da corporation, krm wrn to me to be the person(s) described .in end who executed the foregoing Acreement and acknowledged to and before me that they executed some for the purposes expressed herein. WITNESS my hand and official seal, this 16th day of ,March _ . r 1988 My commission expires: NOTARY PUBLIC STATE OF FLORIDA MY C014HTSSI0tJ EXP. BAN 10,1990 EONDED THRU GENERAL INS. M 6� Notary ublic C� 2 0 0 0 0 DANILL r✓gKiVAMAIv L,�va1J1_,,,�v �..,....�_.._ , R. 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