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HomeMy WebLinkAboutCity of Tamarac Resolution R-84-067Introduced by V/M Massaro Temp. Reso. #2940 1 2 3 4 9 10 11 12 13 14 a 21 22 23 "4 27 28 29 30 l CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-84-67 A RESOLUTION APPROVING AND ACCEPTING A DEVELOPMENT AGREEMENT WITH JUSTUS HOMES, INC., OF FLORIDA,FOR BISHOP TRACT 31; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: That the Development Agreement with Justus Homes, Inc., of Florida, for Bishop Tract 31; is hereby approved and accepted, a copy of said agreement being attached hereto as Exhibit A. SECTION 2: That the appropriate City officials are hereby authorized to execute said agreement on behalf of the City. SECTION 3: That the City Clerk is hereby authorized and directed to record said agreement in the public records of Broward County, Florida. SECTION 4: This Resolution shall become effective upon adoption. PASSED, ADOPTED AND APPROVED this lstday of March , 1984. YO ATTEST: SISTANT CITY CLERK I HEREBY CERTIFY that I have approved the foam and correctness of this Resolu on. A RECORD OF COUNCIL VOTE MAYOR FALCK: DIST. 1: C/M KRAVITZ: DIST. 2: V/M MASSA O: DIST. 3: C/M STELZER: DIST. 4: C/M KRANTZ: rr. A 0 11 Rev. 2/27/84 ;;So THIS AGREEMENT entered into by and between CITY OF TAMARAC, a municipal corporation of the State of Florida, hereinafter referred to as "CITY," and JUSTUS HOMES, INC. OF FLORIDA, a Florida corporation, hereinafter referred to as "DEVELOPER." W I T N E S S E T H In consideration of the mutual covenants and conditions herein contained and other good and valuable consideration which the parties herein acknowledge, the parties agree as follows: 1. STATEMENT OF FACT . DEVELOPER is the owner of certain real property located within the CITY OF TAMARAC, Broward County, Florida described on Exhibit "A" attached hereto. The DEVELOPER has pending before the CITY a plat in final form for the real property described upon Exhibit "A" known as Bishop Tract 31, and hereinafter referred to as "Tract 31." The CITY OF TAMARAC has enacted an Ordinance No. 29-47, as amended by Ordinance No. 80-26 (located at 24-28.1 of the City Code), which requires on -site storm water retention for purposes of assisting in drainage for TRACT 31, in the approximate amount of five percent (5%) of the area reflected by the plat of TRACT 31. The CITY OF TAMARAC has also enacted Ordinance No. 0-76-56 pertaining to the dedication of land for local park and recreational purposes. The CITY desires traffic signalization at N.W. 88th Avenue and N.W. 77th Street, Tamarac, Broward County, Flo- rida. 2. RETENTION AREA AND DRAINAGE PAYMENTS - A. With respect to the retention areas the DEVEL- OPER agrees to: Pay a retention fee of $36,977.00 required by the CITY OF TAMARAC based on ONE THOUSAND SEVEN HUNDRED FIFTY DOLLARS ($1,750.00) per acre for the 21.1297 acres contained within the plat of TRACT 31 as approved by the CITY OF TAMARAC, provided however that if a site plan containing an adequate design for storm water retention is approved by the CITY OF TAMARAC, in accordance with its rules, ordinances and regulations, for TRACT 31, the monies paid by the DEVELOPER for retention fees shall be returned by the CITY to the DEVELOPER forthwith. No interest on this fee shall be owed by the CITY. B. In addition to the retention fees herein des- cribed, the DEVELOPER further agrees to pay to the CITY OF TAMARAC at the time the plat for TRACT 31 has been approved by the CITY the sum of TWO THOUSAND SEVEN HUNDRED FORTY-SEVEN DOLLARS ($2,747) for drainage improvements as required by Ordinance 79-47, as amended, calculated at a rate of $130 per acre. This fee is non-refundable if plat is aproved by the Broward County Commission. 3. RECREATION PAYMENTS. The DEVELOPER agrees to pay to the CITY at the time the CITY approves the plat for TRACT 31 monies for local parks and recreation in the amount Of SIXTY THREE THOUSAND THREE HUNDRED EIGHTY NINE DOLLARS ($63,389.00). These sums represent the DEVELOPER's fair share of payments toward local parks and recreation needs of the CITY as mandated by the stipulated order signed July 14 and 18, 1978 in the case of Leadership Housing Systems, Inc. vs. City of Tamarac, Case 72-11731 filed in Broward Circuit Court. 1 4. OFF SITE IMPROVEMENT . The DEVELOPER, at its expense, agrees to construct the road and related improve- ments on N.W. 88th Avenue adjacent to the plat of TRACT 31, including sidewalk improvements, turning lanes and bus lanes, all in accordance with plans approved by Broward County and the CITY OF TAMARAC, such improvements being necessary to satisfy the requirements of the DEVELOPER pursuant to Article IX of Chapter 5 of the Broward County Code and as required by the CITY OF TAMARAC Code or applicable ordi- nances. The costs of such improvements as estimated by the Broward County Engineering Division are as follows: TRACT 31 Right Turn Lane $7,500.00 Left Turn Lane (88 Ave. Median) 8,250.00 Sidewalks 5,300.00 Prior to execution of plat approval by the City, the DEVELOPER agrees to deliver to the City a Bond equal in amount to the above three items in the form of cash, irrevocable bank letter of credit, cashier's check or other negotiable instrument, or a surety bond, in a form acceptable to the City. The DEVELOPER agrees that these improvements shall be incorporated in and constructed concurrently with improvements reflected on any future site plan submitted to and approved by the CITY. 5. TRAFFIC SIGNALIZTION . The DEVELOPER, at its expense, agrees to construct a traffic signalization system at the intersection of N.W. 88th Avenue and N.W. 77th Street, CITY OF TAMARAC, Broward County, Florida, said construction to be in accordance with plans approved by Broward County and the CITY OF TAMARAC. At the time the CITY approves the plat for TRACT 31, the DEVELOPER shall deposit with the CITY the sum of FORTY THOUSAND DOLLARS ($40,000.00) representing the cost of the traffic signalization described within this Paragraph 5, which sum shall be held by the CITY until the plat for TRACT 31 has been fully approved by the Broward County Commission. Upon approval of the plat by Broward County, the CITY shall then put said monies ($40,000.00) into the CITY's traffic signalization account. If within the one-year period after Broward County approval of the plat, the DEVELOPER has properly installed said signalization, the $40,000.00 deposited with the CITY by the DEVELOPER shall be returned to the DEVELOPER. If after one year from the date Broward County Commission has given plat approval of TRACT 31, said signalization has not been installed by the DEVELOPER, then the DEVELOPER shall no longer have an obligation of installing said traffic signalization and the $40,000.00 deposited with the CITY shall be retained by the CITY. Notwithstanding any of the other terms and provisions herein contained to the contrary, if the Broward County Commission does not give final plat approval for TRACT 31, then the $40,000.00 deposited with the CITY as herein des- cribed shall be returned to the DEVELOPER and no interest thereon shall be owed by the CITY. The CITY recognizes and agrees that the DEVELOPER is only required by this Agreement to install one (1) traffic signalization system at the intersection of N.W. 88th Avenue and N.W. 77th Street, Tamarac, Florida. The CITY further recognizes and agrees that the DEVELOPER has executed simultaneously herewith a Development Agreement for real property within the CITY OF TAMARAC and commonly referred to as •Tract 261' which Agreement (for Tract 26) requires a traffic signalization system at N.W. 88th Avenue and N.W. 77th Street, in accordance with the terms and provisions of this Paragraph 5 and that only one deposit of $40,000.00 is required of the DEVELOPER for both Tracts 26 and 31. Therefore, if the DEVELOPER installs a traffic signalization system pursuant to the Agreement between the DEVELOPER and the CITY for Tract 26, the DEVELOPER will not be required to install another traffic signalization system pursuant to this Paragraph 5 for TRACT 31. 2 I 1 6. REFUND OF MONIES. The parties hereto recognize and agree that the plat for TRACT 31 could be rejected by the CITY OF TAMARAC or Broward County. This Agreement is not intended to require the CITY OF TAMARAC or Broward County to approve this plat. Therefore, in the event the CITY OF TAMARAC and Broward County do not approve the plat of TRACT 31 for recordation in the Public Records of Broward County, Florida, all monies paid by the DEVELOPER to the CITY pursuant to this Agreement, shall be returned by the CITY to the DEVELOPER forthwith, whereupon this Agreement shall become null and void and all parties relieved of any further liabilities and obligations hereunder. The CITY has no obligation to pay DEVELOPER any interest on money paid to or deposited with the CITY. 7. This Agreement shall be construed in accordance with the laws of the State of Florida and shall be binding upon the CITY and the DEVELOPER, and the successors and assigns of the DEVELOPER. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed on the day and year indicted below: Signed, sealed and delivered in the presence of: ATTEST: ITY MAKXGER ATTEST: CITY CLERK , THE CITY OF TAMARAC By -.-\\t'Q =L=L-� MAYOR/ DATE AY F .1 By CITY DATE Approy,P4 as to /,Form By JUSTUS HOMES, INC. �I I l .,DATE 3 STATE OF FLORIDA COUNTY OF BROWARD BEFO ME th u dersigned authority, personally appeared GU Z ands, respectively and of the CITY OF TAMARAC, a municipal corpora on of thdf State of Florida, who, being duly sworn, depose and say that they have read and eaxecuted the foregoing instrument on behalf of such corporation, on this f day of� , 1984. NOTARY PUBLIC, STATE OF FLORIDA AT LARGE My commission expires: (Notary Seal) IN WITNESS WHEREOF, JUSTUS HOMES, INC. OF FLORIDA# a Florida co; orati n, has set its hand and seal this day of _, 1984. WITNESSES: STATE OF FLORIDA COUNTY OF BROWARD JUSTUS HOMES, INC. OF FLORIDA By: its P sident BEFORE ME,the undersigned authority, personally appeared VJAL � R F.J^ ius , President of JUSTUS HOMES, INC. OF FLORIDA, a Florida corporation, who, being duly sworn, deposes and says that he has read and eaxecuted the foregoing instrument, on behalf of such corporation, on this sr day of M rk 2cN , 1984. A4'j� ka�� NOT Y PUBLIC, STATE OF FLORIDA AT LARGE My commission expires: My CWW*31" EXPirW May bnd�d thru AAayrAgwieV 3 1006DA013084/t (Notary Seal) I EXHIBIT • A /XG6 i 4 3 F1:=:b11 ...., PF.R CEL 1: . A portion of FLORIDA FRUIT LAUDS CD.-IP/M SUBBD1V?SIDN ND. 2, of Sec- tion 5, iovnship 49 South. 'r... nge ail Lost. as recorded In Plat Book 1. Page 102. o: the Public Records of Pal» beach County. ilorldz, being =ore Particularly described as'faliowr: : CC:MENMISIC at the Soutneast corner of said Section 5; ir._uc: - Korth 0Vl0'05" best. along the East line of said Section 5, a distance of 3519.14 fact; TH=:;C- }forth BI'OD'09" hest, a distance of 1B12.01 - feet. said point being on the Vesterly right -of --.;ay line of N07t'1-.1aest BEth Avenue, as recorced in O.R. Book 4747, Page 1B3, of the Public ;iccords of Brc_ard County, sloridr, said point being further 6escribec ; as bean; the Point of Beginning of this oesc:ipz'ior.; ir,=NCE cantinu_ North S!'OD'OS" :test, a distance of 847.66 fee_; iri=N._ _ North 03`32'02" Last, a distance of 775.22 feet; THF.NC;. South 71'17'23" :2st. a distance of 546.31 feet, 'the lag:_ two described courses being coincident with the =asterl3 anti: SouLneriy of that certain canal as recorded is O-r. Soon 6450, Sage 685, of -the Public Records o: bz:_zrd County. Florida; THENCE Soutb * 13'56'57" West. a distance of 446.66 fee:; MI-sNCE South 80'48'43" Last, a distance of L06.04 feet to a point on the are of a circular curve -to the Left, whose radius point bears South 81'3741" Last. from the last cescribed point; TE=t:CE Southerly along the are of said curve, having a radius -- of 2106.OD feet. an arc distance o_` 233.82 feet To the Point o: beginning. the last described course beln; coincident with the saic z:esterly right-of-way line of Northwest- SBth Avenue. - - Said lands situate. king and being is Broward Counts. Tlorica. -Ce�az�ining 10.14 acre:, -more oz less: . of 3 • - . ZL �■ I PARCEL 2: A pc Lion of FLOP.IDA FRDI?.ut�'DS CD-4?JAM SMDIVISION NO. 2, os section S, 7c-.mship 49 South, paage 41 East, as recorded in Plat Zook 1. page 102, of the Public Records of Palm beach- County, Florida, beint =ore particularly described as foIloys: r �C+•-.—+•..a►.., at the Southeast cOrneT of �� . North OO'101051' -est. alone• said Section 5; Tar1:Cr e .ne ziast line of said Section 5, a cis:ance o: 3245.03 :act; 7BE14CE hest, a distance c; 2972-75 fret to a point on the Northerly runt -of -_ay line of N. W. 77th Street, as recorded in 0.11. E6250, pata 622, of the Public Records Of srovard County, Florida.oa. said peint bein= fu-t:jer described as the Point of beg:anins o: this GlSC:1pt10Z:; %rI:CL cOntirnue Wiest, a dig' ance of 168.41 '-'act to a Point of Curvature- of a circular curve to the Right; Tr:zNCE Westerly along the art of said curve, having a radius of 1140.00 feet, as arc distance of 4D3.90 fee: to the Point of 7znsency; TN_NC_ t:a-th 60'42'2S" S:•est, a distance of 134.85 f ear to a point on t},: =2st_ erly ride: -Of -vay line cf that ce-;ain canei , as recorded in O_P__ rzS-1 b450, Fage 685, o4' the Public Records of s last three Oestr �� .+ZC�ard County, Florida, the abed courses being coincioeat v+th the said Northerly r4 rht-of--ay line o: N.V. 77th Street;„ al nnc szic� Besteri _ Tr._2:CE North 03'32 02 Last, y rushT- o_-_-ay line. a distance of 572.70 i eet: THEM_ .SoutT-' 81'00'09" Las:, a distance of 847.66 feet tO a point on the a - a circular curve to the Left, -nose radius pourc of t bears South 87.5o•u•� fro= the last describes po.iat, said point being further describeras being on the Lest eriy righ t-of-.ay line of N. U1. S8th Avenue, as = ecoroe2 In O.E. boor. 4747, Fcge.183, o: tine Public Records of bre_ard Coumry, Florida; T�?=!►CE Southerly along the arc o` said curve. hating a raelu of 2106.00 feet, an art distance of 357.46 fear; ?Y._1:CE veSL. a c�stance of i00.00, feet; TEZINCE South, a distsnz_ of 200.00 feet to the Point of BenZ Said lands situate, lying and being in Ero-•azd County, Flor, Sc.:. Containinb ll.ODo acres, =ore or less.