HomeMy WebLinkAboutCity of Tamarac Resolution R-84-064Introduced by
V/M Massaro
Temp. #2935
1
2
3
4
i
�1
9
10
11
12
13
14
a
21
22
23
A
27
28
29
36
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-84-64
A RESOLUTION APPROVING AND ACCEPTING A
DEVELOPMENT AGREEMENT WITH JUSTUS
HOMES, INC.,OF FLORIDA,FOR BISHOP TRACT 26;
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 26, 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 1st day of March , 1984.
ATTEST:
-6e-t'� Z2
ASSISTANT CITY CLERK
I HEREBY CERTIFY that I have
approved the form and correctness
of this Resolutig.
MA R
RECORD OF COUNCIL VOTE
MAYOR FALCK:-
DIST. 1: C/M KRAVITZ: .��._....,n
DIST. 2: V/M MASSARO:
DIST. 3: C/M STE[ 7ER: .
DIST. 4: C/M KRANTZ:._..-
Rev. 2/27/84
SID - �4
DEVELOPMENT AGREEMENT (BRACT 2fi
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 26, and hereinafter referred to as
"Tract 26."
The CITY OF TAMARAC has enacted an Ordinance
No. 79-47, 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 26,
in the approximate amount of five percent (5%) of the area
reflected by the plat of TRACT 26.
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 $30,234 required by the
CITY OF TAMARAC based on ONE THOUSAND SEVEN HUNDRED FIFTY
DOLLARS ($1,750.00) per acre for the 17.2766 acres contained
within the plat of TRACT 26 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 26, 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 26 has been approved
by the CITY the sum of TWO THOUSAND TWO HUNDRED FORTY-SIX
DOLLARS ($2,246) for drainage improvements as required by
Ordinance 79-47, as amended, calculated at a rate of $130 per
acre. This feeds non-refundable if plat is approved by the
Broward County Commission.
3. RECREATION PAYMENTS.
The
DEVELOPER agrees to pay
to the CITY at the time
TRACT 26 monies for local
the CITY
parks and
approves the plat for
recreation in the amount
of EIGHTY TWO THOUSAND
NINE HUNDRED TWENTY EIGHT DOLLARS
($82,928.00). These sums
represent
the DEVELOPER's fair
share of payments toward local
parks
and recreation needs of
1
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.
4. OFF SITE IMPROVEMENT . The DEVELOPER, at its
expense, agrees to construct the road and related improve-
ments on N.W. 88th Avenue and N.W. 90th Avenue adjacent to
the plat of TRACT 26, 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 ordinances. The costs of such
improvements as estimated by the Broward County Engineering
Division and the City of Tamarac are as follows:
TRACT 26
Right Turn Lane $7,500.00
Bus Turn 6,000.00
Sidewalks 6,500.00
Cul-de-sac Sidewalk (NW 90 Ave) 1,250.00
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.
S. TRAFFIC SIGN LIZATION . 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 26, 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 26 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
the Broward County Commission has given plat approval of
TRACT 26, 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 26,
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
2
1
Development Agreement
(Tract 26)
1
1
property within the CITY OF TAMARAC and commonly referred to
as "Tract 31," which Agreement (for Tract 31) 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 31, the DEVELOPER will not be required to
install another traffic signalization system pursuant to this
Paragraph 5 for TRACT 26.
6. REFUND OF MONIES. The parties hereto recognize and
agree that the plat for TRACT 26 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
26 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 indicated below:
Signed, sealed and delivered THE CITY OF TAMARAC
in the presence of:
ATTEST:
C TY ER
ATTEST:
/ � r
3
By
\\I \X'1,J -i:�-
MAYOR
DATE
By
ITY M R
DATE /Y �/
Approved as t6 form
By
TY
JUSTUS HOMES, INC.
By
DA7
Development Agreement
(Tract 26)
STATE OF FLORIDA
COUNTY OF BROWARD
BEFORE ME, t ndersig d au or't , personal y
appeared and ,
respectively and of the
CITY OF TAMARAC, municipal corporatio of the State of
Florida, who, being duly sworn, depose and say that they have
read and eaxecuted the fore oing instru�Qnt, n behalf of
such corporation, on this ,day of
1984.
5 94-.,X- �- ---
NOTARY PUBLIC, STATE OF FLORIDA AT LARGE.
My commission expires: (Notary Seal)
SOLMY eUBLIC STATE OF FLORIDA AT LARGE
MY CO"1*15SI0N EXPI95 APR 211984
IONDED THRU GENERAL INS: UNDERWRITERS
IN WITNESS WHEREOF, JUSTUS HOMES, INC. OF FLO �, a
Florida Corp ratio , has set its hand and seal this .,_
day of %�4�• 1984.
JUSTUS HOMES, INC. OF FLORIDA
By: '
it esident
STATE OF FLORIDA
COUNTY OF BROWARD
BEFORE ME, the undersigned authority, personally
appeared VRLTM 0. Tvstus , 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 )s T
day of h tvtCµ , 1984.
zLt:�' //CY6
NOTARY PUBLIC, STATE OF FLORIDA AT LARGE
My commission expires:
�, ssaie c: %rlda at Larm
�4w aw eon 3oa w
1004DA012484/t
4
(Notary Seal)
1
EXH/B/T• A
164
Oy fills
fk
L
i •' 'i !fig :,F �sq I «t
t
YAR— CEL 3: -
A portion of Tracts 2, 3. S. 6 and 7, FLORIDA FRUIT LVIDS CDMPAHY SUBDIV1S10;t
n0. •2. of Section 5, io:mship 49 South; Range 41 East, as recorded
in Plat Book 1, Paae 102, of the Public RecDrds of Palm Beach County, Florida.
being more particularly described as follows:
BEGIN at the most Westerly corner of "Heftler Homes - 71nmarac" according to
the plat thereof, recorded in Plat Book 101. at Page 40, of the .Public Records
of Broward County, Florida. THENCE South 401015'51" East, a distance of 170.OD
feet; THENCE North 49"44'09" East, a distance of 175.84 feet; THENCE South •
40.15151" East, a distance of 309.47 feet to an intersection with the arc of
a circular Curve, concave Southeasterly, whose .radius point bears South. 50044'37"
East, TTDT the last described point; THLNCi Northeasterly along t:.e arc or
said curve havino a radius of 2366.00 feet, a central anole of 02"27'13" and
an arc distance of 101.33 feet; T1:ENCr South 40.15'51" East, alone a line not
tannet.to the last described curve, a distance of 121.64 feet to a Point of
Curvature or a circular curve, concave Northeasterly; THENCE continue SOUthetster
along the art of said curve, having a radius of 80.OD feet.. a central angle
o-' 005D'25" and an arc distance of 10.95 fee:, to a Point oiian=_ncy; THENCE
South 48-06'16" East, a distance of. 104.16 feet; THENCE- South 03-46'36". East,
a distance of 34.94 feet, said last four courses being coincident with the
South Right -of -Jay line of N.W. 79th Street and said last eight courses a77
being coincident with the Southerly linits of said plat "Heftier i:vmes -
Tamarac". to an intersection with the arc of a circular curve, concave
Southeasterly, whose radius bears South 49-26'56" East. from the last
described point; THENCE Southv,esterly, al ong the -arc of said curve, having
a radius of 2106.08 feet; a central angle of 19.39'50" and an arc distance .
of 722.78 feet, said arc being coincident with the Westerly Right-ol-Way line
of N.U.4. 83th Avenue as deeded in O.R. Book 4747, at Page -183, of the Public
Records of Brotia rd County, Florida, to a pdi nt bearing North 69.06' 46" West,
fro:" the radius point of the last described curve; THENCE 71`17'23" West, along
•the northerly Right -of -Way line of a Canal. a distance of 972.85 feet; THENCE
North 03.32'02" East, along the Easterly Right -ow. -Way line, of said Canal,
a distance .of 176.90 feet; 7HE14CE North 49"44' 09" East. along the sou therly-
Right-of=Way line of said Canal, a distance of•788.94 feet, said Canal deeded
in O.R. Boor. 6450 at Paoe 688, of the 'Public Records of Broward County, Florida,,
to the pOlt171 OF BEGINNING of this description. :
Said lands situate. lying and being in Broward County, Florida.
.. 1