HomeMy WebLinkAboutCity of Tamarac Resolution R-88-083Temp. Reso. *4986
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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
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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
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Notary ublic
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