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HomeMy WebLinkAboutCity of Tamarac Resolution R-87-061Introduced by: Ck Temp. Reso. #4508 CITY OF TAMARAC, FLORIDA 1 RESOLUTION NO. R-87-(�/ 2 A RESOLUTION APPROVING AND AUTHORIZING THE 3 APPROPRIATE CITY OFFICIALS TO EXECUTE AN AGREEMENT BETWEEN BROWARD COUNTY AND THE CITY 4 OF TAMARAC PERTAINING TO THE ISSUANCE OF BUILDING PERMITS WHILE PLATTING FOR THE TAMARAC MUNICIPAL COMPLEX PLAT IS IN PROGRESS; AND PROVIDING AN EFFECTIVE DATE. 7 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF $ TAMARAC, FLORIDA: 9 SECTION 1: That the City Council of the City of Tamarac 10 hereby approves the Agreement, a copy of which is attached 11 hereto and made a part hereof as Exhibit "A", pertaining to 12 the issuance of Building Permits while platting for the 13 Tamarac Municipal Complex Plat is in progress. 14 SECTION 2: That the appropriate City Officials are 15 her authorized to execute said Agreement. 16 SECTION 3: This Resolution shall become effective immediately upon its passage. B 19 PASSED, ADOPTED AND APPROVED this // -day of 1987. 20 21 z 22 oll BERNA D ART 23 MAYOR 24 ATTEST: 25- m� ,6 CAROL E. 13ARBUTO CITY CLERK 27 MAYOR: HART - ,r T HEREBY CERTIFY that T have approved this RESOLUTION as DIST. 1: C/W MASSARO 28 to form. DIST. 2: V/M STELZER 29 DIST. 3: C/M GOTTESMAN i MST. 4: C/M STEIN BVIANT P E C Y ATTORNE si 32 20692987/t 33 34 35 C� 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 This is an Agreement between: BROWARD COUNTY, a politicai sub- division of the State of Florida, its successors and assigns, hereinafter referred to as "COUNTY," through its Board of County Commissioners; 0 AND CITY OF TAMARAC, a municipal corporation organized and existing under the laws of the State of Florida, its successors and assigns, hereinafter referred to as "CITY," and "DEVELOPER" when appropriate. 17ITNESSETH: WHEREAS, Developer, is the owner of a certain parcel of land, described in Exhibit "A" attached hereto and hereinafter referred to as the "Tamarac Municipal Complex Plat, Plat No. 156--MP-84, located on Northwest 88 Avenue, and situated within the City of Tamarac, Florida, on which parcel of land DEVELOPER contemplates the construction of a municipal complex; and WHEREAS, the Tamarac Miunicipal Complex Plat was approved by the Broward County Commission on June 4, 1985, but was not recorded within the eighteen (18) months of the effective time period of the development order as provided in Chapter 5, Article IX, Broward County Code of Ordinances, Section 5-181(e) ; and WHEREAS, DEVELOPER is now desirous of obtaining building permits from the CITY so that it may construct its municipal complex, hereinafter referred to as the "Improvements" within the boundaries of said Plat in Incorporated Areas 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 r� u 1.1 EXHIBIT "A" • r-� 9 • 1(b) and 1(c), and the CITY reserves the right to evaluate DEVELOP- ER'S application for building permits for compliance with all existing laws regulating the issuance of building permits for construction within. the CITY. The issuance of building permits shall be left to the discretion of the CITY. 3. 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 regulations or are other- wise necessary to insure the public health, safety, and welfare of the citizens of Broward County. 4. DEVELOPER agrees not to occupy the improvements unless and until a certificate of occupancy has been issued. 5. 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 Commissioners of a development order denying DEVELOPER'S application for a development permit. 6. The issuance of the building permits before final plat approval or denial 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 Tamarac Municipal Complex Plat, nor shall the COUNTY, be deemed estoppel from enforcing the terms of this Agreement because of the issuance cf the building permit. 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 , 19 , the CITY OF TAMARAC, signing by and through its Mayor, duly authorized to execute same, and the DEVELOP- ER, CITY OF TAMARAC, signing by and through it Mayor, duly authorized to execute same. ATTEST: County Administrator and Ex- Officio Clerk of the Board of County Commissioners of Broward County, Florida COUNTY BROWARD COUNTY, through its BOARD OF COUNTY COMMISSIONERS By IiU%.ARD C. FORMAN, Chairman -3- day of 19� U o�5©.9-7-6/,/, order to meet existing deadlines regarding the financing of the Improve- ments; and WHEREAS, the CITY may not ordinarily issue building permits to DEVELOPER for construction of said Improvements within the boundaries of the Tamarac Plat, prior to plat approval by the COUNTY 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 Tamarac Municipal Complex Plat prior to plat approval and recordation; 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 Tamarac Municipal Complex 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 COUNTY represents to the CITY that it does not object to the CITY'S issuance of building permits to DEVELOPER for construction of a municipal complex within the boundaries of the Tamarac Municipal Complex Plat prior to the approval and recordation of said Plat, provided that: (a) no building permits shall be issued unless and until DEVELOPER documents to the COUNTY that the CITY has approved the final plat and it has filed an application with COUNTY for preliminary plat approval of the Tamarac Nunicipal Complex Plat; and (b) no certificate of occupancy, which is complementary to the building permits, shall be issued by the 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 (c) conditions 1(a) and 1(b) shall appear on the face of the building permits. 2. The CITY agrees that any building permits issued for construction of said Improvements will be issued in accordance with paragraphs 1 (a) , -2- r-� • L 1i 0 AGREEMENT BET17EEN BROWARD COUNTY AND CITY OF TAI43ARAC RELATING TO THE ISSUANCE OF BUILDING PERMITS WHILE PLATTING IS IN PROGRESS WITNESSES: ATTEST: City Clerk (CORPORATE SEAL) E 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 ANNETTE STAR LUSTGARTEN Assistant General Counsel CITY CITY OF TAMARAC By. . Iviayo;- Comilnissioner day of 2s�/_ eC /i�f'y . 19 a ity Manager day of �/ 197 APPROVED AS TO FORM: By, -4- • 0 0 AGREEMENT BETWEEN BR0WARD COUNTY AND CITY OF TAMARAC RELATING TO THE ISSUANCE OF BUILDING PERMITS WHILE PLATTING IS IN PROGRESS STATE OF FLORIDA ) ;S. COUNTY OF ) Before me personally appeared.- z4LC , to me well known and known to me to be the Mayor -Commissioner who exe- cuted j�e foregoing instrument, and acknowledged to and before me that �� executed said instrument for the purposes therein expressed. WITNESS my hand and official seal, this /,2 day of 19 �- Notary Public State of Florida at Large My commission expires: NOTARY PUBLIC STATE Or FL0104 CY X!'NISSIUH EXP SEPT 1191990 WROEO THRU GENERAL INS. UNO. ASL:eb 2/5/87 #85-109.19 • -5-