HomeMy WebLinkAbout1999-15 Agmt Heron Bay Six-Construction 6 Units Prior to Plat Recordation DEFERRED
APRIL 21, 1999
DEFERRED - NO DATE
CERTAI N Gl VEN
RESOLUTION NO. 99-15
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF PARKLAND, FLORIDA, AUTHORIZING THE
CITY OFFICIALS TO ENTER INTO AN AGREEMENT
AMONG THE CITY, BROW ARD COUNTY, AND WCI
COMMUNITIES LIMITED P ARTNERSHIP RELATING TO
THE ISSUANCE OF BUILDING PERMITS WHILE
PLATTING IS IN PROGRESS
WHEREAS, developer WCI Communities Limited Partnership wishes to
construct six (6) single family units prior to the recordation of the Heron Bay Six plat,
and
WHEREAS, the City Commission of the City of Parkland, Florida finds and
determines that it is in the best interest of the citizens of the City to enter into an
agreement between Broward County, the City of Parkland, and WCI Communities
Limited Partnership relating to the issuance of building permits while platting is in
progress.
NOW THEREFORE, BE IT RESOLVED BY THE CITY
COMMISSION OF THE CITY OF PARKLAND, FLORIDA:
Section 1. That the appropriate City officials hereby approve entering into the
. agreement among Broward County, ~ity of Parkland, and WCI Communities Limited
Partnership relating to the issuance of building permits while platting is in progress.
Section 2. That this Resolution shall become in full force and effect
immediately upon its passage and adoption.
, 1999.
PASSED AND ADOPTED THIS
DAY OF
.
CITY OF PARKLAND, FLORIDA
SAL P AGLIARA, MAYOR
ATTEST:
HELEN LYNOTT, CMC\AAE
CITY CLERK
3300 University Drive
Coral Springs, Florida 33065
(954) 752-1100
WCI COMMUNITIES
March 8, 1999
Mr. Dale Lee
Building Official
City of Parkland
6500 Parkside Drive
Parkland, FL 33067
Re: Building Permit prior to Plat Recordation Agreement - Heron Bay Six
Dear Dale:
Please find enclosed a Building Permit prior to Plat Recordation Agreement. The
Agreement is to be submitted to the City of Parkland for review and approval. This
Agreement seeks to allow the construction of six (6) single family units prior to the
recordation of the Heron Bay Six plat, which was approved by the City of Parkland on
December 16, 1998 and approved by Broward County on March 2, 1999.
.. Once the City of Parkland approves this Agreement, the Agreement will go before
the Broward County Board of County Commissioners for review and approval. Please
note that this Agreement allows WCI Communities to begin construction on six (6)
model homes, but does not a,llow the issuance of Certificates of Occupancy until the Plat
is recorded. '
If you have any questions, please contact my office. I would apprecia1e it if you
could notify me as to when this item would go before the Parkland City Commission.
Thank you.
Sincerely yours,
~-r~
Tara-Lynn Brown, Planner
TLB:pc
Enclosure
cc: Andrew Maurodis, Esq., City Attorney
Mr. Harry Mertz, City Manager
Mr. Bradford Townsend, AICP, Director of Planning
Return recorded copy to:
~IC-Will Call
Tara-Lynn Brown
WCI Catmuni ties Limited Partnership
3300 University Drive
Coral Springs, FL 33065
Document prepared by:
Eleanor W. Taft, Esq.
AGREEMENT
Among
BROWARD COUNTY
and
City of Parkland
and
WCI Communities Limited Partnership
Relating to
.
THE ISSUANCE OF BUILDING PERMITS
WHILE PLATTING IS IN PROGRESS
This is an Agreement, made and entered into by and between: BROWARD
COUNTY, a political subdivision of the state of Florida, hereinafter referred to as
"COUNTY";
CAF#234
09/11/98
AND
Ci ty of Parkland a municipal
corporation, organized and existing under the laws of the state 'of Florida, hereinafter
referred to as "CITY";
AND
WC! Communities Limited Partnership
assigns, hereinafter referred to as "DEVELOPER."
, its successors and
WIT N E SSE T H:
WHEREAS, DEVELOPER, is the owner of a certain parcel of .land, described in
Exhibit "A" attached hereto and known as the Heron Bay Six
Plat, Plat No. 070-MP-98, (the "Plat") (Lots * ), located west of
Neb Hill Rd. & north of the Sawgrass Expressway 'and situated within
Ci ty of Parkland , on which parcel of land DEVELOPER contemplates
(Municipality)
the construction of Six (6) Single Family Models ; and
WHEREAS, the Plat was approved by the Board of County Commissioners on
March 2 , 1999 (date); and
WHEREAS, DEVELOPER is n9w desirous of obtaining building permits from the
CITY so that.DEVELOPER may construct Six (6) Single Family Models
hereinafter referred 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 Plat (Lots * ), prior
to record~tion of said Plat; and ·
WHEREAS, on (date), the COUNTY authorized the
issuance of building permits by the CITY to DEVELOPER for construction of said
Improvements within the boundaries of the Plat (Lots * ), prior to plat recordation;
and
WHEREAS, DEVELOPER shall be required to pay actual or estimated impact fees
to the COUNTY for the Improvements which DEVELOPER wishes to construct prior to
issuance of the building permits by the CITY; and
CAF#234
09/11/98
2
*1,3,4,5,15 and 16
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 (Lots * ), by DEVELOPER during the time that
preparation for the recordation of the Plat of the property is proceeding; 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
Six (6) Single Family Models (the "Improvements"), within the
boundaries of the Heron Bay Six Plat (Lots
* ). prior to the recordation of said Plat. subject to the following conditions
to assure compliance with the Sroward County Land Use Plan:
(a) No building permit shall be issued by the CITY unless and until DEVELOPER
shall document payment of the impact fees which are due for construction
of the Improvements, pursuant to Chapter 5. Article IX. Sroward County
Code of Ordinances, the land. Development Code; 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
(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 ot Sroward County said Plat which has been approved by
the Sroward County Soard of County Commissioners; and ·
(c) Should the DEVELOPER fail.to record the Plat approved by the Soard on
March 2 ,1999 (date), within eighteen (18) months of the date
of approval, or othelWise allow the plat to expire, the building permits issued
shall be revoked by the CITY and any improvements constructed pursuant
to such permits shall be removed w;thin three (3) months of expiration of the
current plat approval unless the plat is reapproved within three (3) months
and recorded before expiration of the new approval The COUNTY shall
refund all impact fees paid for building permits where the improvements are
demolished.
CAF#234
09/11/98 3
*1,3,4,5,15 and 16
(d) Conditions 2(b) and (c) shall appear on the face of the building permits
issued by the CITY. However, failure of the permits to so indicate shall not
alter any terms of this agreement or the right of the COUNTY and t,he CITY
to enforce the terms of this agreement.
3. The CITY agrees that any building permits issued for the construction of said
Improvements will be issued in accordance with paragraph 2, and the CITY
reserves the right to evaluate DEVELOPER'S application for building permits for
compliance with all existing laws, ordinances and regulations controlling the
issuance of building permits for construction within the CITY. The issuance of
building permits shall be at 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 residents of Broward County.
S. DEVELOPER agrees not to occupy the Improvements unless and until a certificate
of occupancy has been issued.
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.
f : The DEVELOPER assumes. the risks associated with constructing the
Improvements prior to plat recordation. The issuance of the building permits before
final plat recordation shall not be considered by DEVELOPER, the COUNTY or the
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 Plat (Lots * ), nor shall the COUNTY or the CITY be
. deemed estopped from enforcing the terms of this Agreement because of the
issuance of the building permits or construction completed pursoant to such
permits. FUlthermore, if the presently approved plat expires without the plat being
recorded, the DEVELOPER shall be required to meet all land development
regulations in effect at the time the new plat is submitted and shall be subject to
new concurrency determinations.
8. This Agreemer.t shall be recorded in the Public Records of Broward County, Florida,
at the DEVELOPER'S expense. Recordation of the
Heron Bay Six Plat shall be an automatic release of the
obligations of DEVELOPER set forth herein.
CAF#234
09/11/98
4
*1,3,4,5,15 and 16
9. APPLICABLE LAW AND VENUE. This Agreement shall be interpreted and
construed in accordance with and governed by the laws of the state of Florida.
Venue for litigation concerning this Agreement shall be in Broward County, Florida.
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 COl)NTY COMMISSIONERS, signing by and through its Chair or Vice
Chair, authorized to execute same by Board action on the day of
(date); the CITY, signing by and through its
, authorized to execute same by Commission/Council action on
the day of (date); and
l<<::I Ccmnunities Limited Partnership sIgning by and through its
Assistant Secretary , duly authorized to execute sa.me.
COUNTY
ATTEST:
BROWARD COUNTY, through its
BOARD OF COUNTY COMMISSIONERS
By
County Administrator and Ex-
Officio Clerk of the Board of
County Commissioners of Broward
County, Florida
Chair
~ day of
'_ (date)
Approved as to form
Office of County Attorney
Broward County, Florida
Governmental Center, Suite-423
115 South Andrews Avenue
Fort Lauderdale, Florida 33301
Telephone: (954) 357-7600
T elecopier: (954) 357-6968
By
Assistaht County Attorney
CAF#234
09/11/98
5
AGREEMENT BETWEEN BROWARD COUNTY, THE CITY/TOWN OF
Parkland , AND VK:I Camtunities Limited Partnership
RELATING TO THE ISSUANCE OF BUILDING PERMITS WHILE PLATTING IS IN
PROGRESS .
CITY
CITY OF PARKLAND
Witness signature
By
SAL PAGLIARA. Mayor-lXamcmixxiJoJaB
Witness name printed
day of
( date)
Witness signature
Witness name printed
ATTEST:
Helen Lynott, City Clerk
By
Harry J. Mertz. City Manager
day of ( date)
GORPORA TE SEAL
APPROVED AS TO FORM:
By
Andrew Maurodis .City Attorney
STATE OF FLORIDA
)
)
)
55
COUNTY OF
.
The foregoing instrument was acknowledged before me this
. _ (date), by
day of
who
IS
( ]personally known to me, or
( ]produced identification. Type of identification produced
NOTARY PUBLIC
My commission expires:
Type or print name
CAF#234
09/11/98
6
AGREEMENT BETWEEN BROWARD COUNTY, THE CITY/TOWN OF
Parkland , AND V\CI Cannunities Limited Partnership
RELATING TO THE ISSUANCE OF BUILDING PERMITS WHI.LE PLATTING IS IN
PROGRESS
DEVELOPER
Witnesses: ~
~~-~<<'
Print name: Laura LaFauci
WCI Communities Limited Partnership
'"
pri?:}EL~
By
Prin name: Paul'J Angelo
Title: Vice' presideItt
Address: 3300 University Drive
Coral Springs, FL 33065
(CORPORATE SEAL)
I (f" day of ~t/h
I Itt,1 (date)
A
COUNTY OF
)
) 55.
)
The
aoknowledged before
-day of
who
is
[ ]personally known to me, or
[ ]produced identification. Type of identifica .
(Seal)
Print name:
7
AGREEMENT 'BETWEEN BRO\NARD COUNTY, THE CllY/TOWN OF
Parkland , AND WCI Communi ties Limi tE~d Partnership
RELA TING TO THE ISSUANCE OF BUILDING PERMITS WHILE PLATTING IS IN
PROGRESS
ACKNOWLEDGMENT - CORPORA Tl0N/PARTNERSHIP
STATE OF
)
) 55.
)
COUNTY OF
The foregoing instrument was acknowledged before me this 10th day of
March . 1999 (dare). by Paul J. Angelo I asVice President of
WCI Communi ties I a partnership GOIl'"eFat~/partnership. on
behalf of the eGf"f)6FatfonJpartnership. He or she is:
(xJpersonally known to me, or
[ ]produced identification. Type of identification produced
OffiCIAL NOTARYSEAL 1
NOT. PATRICIA M CRAIe
:.\RY PUBuc Sf AT~
COMMISsrON NOr. ~~ FLORIDA
MYCOMMlSSION EXP ~..65797s
. JuLY 12.2001 I
NOTARY PUBLIC:
(Seal)
fo;tUu.~oJ m. CA-Cl~_
Printnam~Patricia M. Cra1g
My commission expires:
,7/12/2001
MORTGAGEE
13/11"11:- 11'<;h/v' d II.
I
.
By f ~/'t:-
Print name: Sllt'!'.;;J 5CII?"
Title: D.~... ..-Ie',- . . P . -~,..)"
-: j, ~~f,.'"
Address: II~- 1-:1... ,,',,'~<l k. (<n 1~1 'IL,' I .
f H ,......J1.\ I (;." ]1'~4--6
;gf'l'\. c
~ day of fVhr~ .!!..Jj( date)
(j
CAF#234
09/11i98
8
AGREEMENT BETWEEN BROWARD COUNTY, THE CITYITOWN OF
Parkland . AND WCJ Communities Limited Partnership
RELA TING TO THE ISSUANCE OF BUILDING PERMITS WHilE PLATTING IS IN
PROGRESS
ACKNOWLEDGMENT -INDIVIDUAL
STATE~OF.,
-',
......
.'..........
COUNTY OF "
}
) 55.
)
/
../"
..'
The foregoing instru'mef!t was acknowledged..before me this
(date}rRY ./'
.............. ,.-
day of
who
(Seal)
IS
-.....":,...01..
( ]personal/y known to me, or ", '.......
r ]produced identification. Type of iderifification"pfo~uced
,.,.",~ '...
.,.... ,
NOTARY Pt:.JBLlC:
~
,...
,.........
....""
..,."."
/'"
./
./
.MyCommission expires:
Print name:
.....~
ACKNOWLEDGMENT - CORPORA TfON/PARTNERSHIP
STATE OF (9(;0 R.(;, r Pr )
} 55.
COUNTY OF :bEt-(,4-1.. 0 )
. tfll
The foregoing instrument was acknowle~Qed before me this':; ,",'- d~ of
Fe.bV(A~ v~ . ,q99 (date), by~~U{;'J1J fS61AQas ])tRZCrD/i
of ::RJ}-A>k30.$7lJ 10 , , ~ Al A. corporation/partnership, on behalf
of the corporation/partnership. He or she is:
[......Jpersonally known to me, or
[ Jproduced identification. Type of identification produced IJ I tr
OFFICIAL NOTARY SEAL
(S ~~eryl Geoffrion
Nota;Y~P'ubliC State of Georgia
My Commission Exp, April 30, 2000
My commission expires:
CAF#234
09/11/98
9
DESCR:PTIOi'l.
HERON 9.,\ Y SIX
..
:\ PORTION OF THE NoltfHWEST ONE.Qlj..\RTER f,'i'-V '. I (',F SECT:0i'< 6. TOW:--;SHIP -I:~
SOUTH. RA;-.IGE -ll EAST. I3RO'.v.\RD CO W.<T Y . FLORID.\. DESCRII3ED AS FOLLOWS:
BEGINNING :\ T THE SOUTHWEST COR;-.IER Or- S..\ID NORTHWEST ONE.QUARTER (NW
\": TIIENCE NORTIl 0 '1l~'~7- WEST. ALONG TilE WEST LINE Of' SAID NORTHWEST
ONE.QUARTER (NW '.41. A DISTANCE OF 151-135 FEET TO TilE SOUTH LINE or TIIAT
CERTAIN PARCEL OF LAND CONVEYED TO NORTH SPRINGS 1.\.II'Rl)vEMENT DISTRICT
IW THE WARR..\NTY DEED RECORDED IN OFr:ICI.-\L RE<:;0RDS OC)c)K =~7')1) AT P.\GE jl)1}
OF THE PUBLIC RECORDS OF SAID BROWARD COliNT)'. TIIENCE
NORTH :-!<)"j7"JJ" EAST. ALONG SAID SOUTH LINE. A DIST.-\NCE Of 66,00 FEET TO A
POINT ON TilE WESTERLY BOUNDARY OF :\ NORTH S?RI:'-IGS IMPROVE~IENT DISTRICT
DRAINAGE .-\ND MAINTEN.-\:KE AREA RECORDED IN OFFICIAL RECORDS BOOK 1J05~.
PAGE 9-11 OF SAID PUBLIC RECORDS: THENCE SOUTH O"O~'~T EAST. ALONG SAID
WESTERl Y BOUNDAR Y. A DISTANCE OF I UO FEET TO A POINT OF CUR VA TURE OF A
CUR VE CONe.-\ VE NORTHEASTERLY; THENCE SOUTHERLY. SOlJTHEASTERL Y AND
EASTERLY ALONG THE ARC OF SAID CURVE ON SAID WESTERLY BOUNDARY. H.\vtNG
.-\ R..>..DIUS OF ~6S00 FEET AND :\ CENTRAL A:'-IGLE OF ,:j1)"S9'J/)" FOR .>..N ARC DISTANCE
OF -llri,~J FEET TO .-\ POINT OF TANGENCY; THENCE NORTH :W~h'~J"' E,-\ST ALONG
SAJD WESTERL Y BOUNDARY. A DlSH.NCE OF .US FEET TO A POINT ON THE ARC OF A
CURVE CONe.WE WESTERLY. THE RADIUS POINT OF SAID CURVE BEARS
NORTH 1001)5"51" WEST; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE.
1-1.\ VING A RADIUS OF 901).011 FEET AND A CENTRAL ANGLE OF 07"11'31 - FOR AN ARC
DISTANCE OF I:!O.50 FEET TO THE POINT OF REVERSE CURVATURE OF A CURVE
CONCA VE E..\STERU'; THENCE SOUTHGRL Y ALONG THE ARC OF S,~ID CURVE. H;\VING
r\ RADIUS OF ~~(),()O FEET AND ;\ CENTRAL ..l.NGLE OF IJ"1l1l"3i" FOR AN ARC
DISTANCE OF 001.33 FEET TO THE POINT ,OF T.-\NGENCY: THENCE SOUTH OO"01'5S-
EAST, A DISTANCE OF 51-1,15 FEET TO A POINT ON THE SOUTII LING OF SAID
NORTHWEST ONE.QU;\RT.~R INW ~~ I: THENCE NORTH :!')"J.'j'!:{" WEST. :\LONG THE
SOUTH UNE OF SAID NORTHWEST ONE.QU:\RTER t NW '. J. :\ DI5T.\.\ICE or- ~JI)110 FEET
TO THE POINT or- BEGINNING
SAID LANDS BEING IN ORO\\'ARD COUNTY. FLORIDA. CONT.\INING :i. 135 ACRES. .\IORE
OR LESS.
NOTE: THE BEARINGS SHOWN HEREON ARE REFERENCED TO THE STONERil\EtTH
RESURVEY OF t\ PORTION OF TOWNSHIP.n SOUTH. RANGE -II E..\ST. ALL OF TOWNSHIP
-I:i SOUTH. RANGE -41 EAST. AND ALL OF TOWNSHIP -ll) SOtJTH. RANGE ~I E..l.ST.
BROWARD COUNTY, FLORIDA. AS RECORDED IN MISCELLANEOUS PLAT BOOK 3. PAGE
~ OF THE PUBLIC RECORDS OF DROWARD COUNTY. FLORIDA. THE WEST LINE OF
THE NORTHWEST ONE.QUARTER (NW IA) OF SECTION ti. TOWNSHIP JS SOUTII. R,.l.NGE
-II EAST. BEARS NORTH 00'0:'17- WEST.
CERTIFICA TE:
WE HEREBY CERTIFY TH..\T THIS DESCRIPTION AND SKETCI/ CONFORMS TO TIlE
MINI.\lUM TECHNICAL ST..'NDARDS FOR L,.s.ND SURVEYING IN THE STATE OF FLORIDA.
AS OUTLINED IN CHAPTER 61017-6 (FLORIDA ADM1NISTR.,1,TIVE CODtl. AS ,-\DOPTED
BY THE DEP.\RTMENT OF BUSINESS AND PROFESSION..\L REGULATION. OOARD OF
PROfESSIONAL SuRVEYORS A:"JD MAPPERS IN SEPTE.\II3ER. 19:!1. AS AMENDED.
PURSUANT TO CHAPTER ~n.O~7 OF THE flORIDA STATUTES. AND IS TRUE AND
CORRECT TO THE BEST OF OUR KNOWLEDGE AND BELIEF.
/ 1
,~,RAVEN :~0~1S~N4 .-\SSOCIATES, INe
. .."I..,4."....,.I.......,,I!(I '"l
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".;...t"'- y"
DOUGLAS l\l. DAVIE
PrOCessional Surveyor $( M~fl..:r N,) .13~;
SCJ\e vI Flnrida
Sh':::1 1 of:! Sh.:::ts
Job NIJ, 9J-0003
Daled: January 1'.1. ('.In
IICR.. \.'E.v_ .J1I.\TSIC:..E.~/C.IL:J08:;WJ.iJV,.,jl/_c~.:i,. :'Sl/f80./ /'J .1."
EXHIBIT A
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THOMPSON a AssoaA TES INC.
ENGINEERS . PU.NNERS . SURvEYORS . .
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HERON BA Y SIX
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BROWARD COUNTY RECOROS
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