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HomeMy WebLinkAboutR-1979-347 RESOLUTION NO. 347 A RESOLUTION DETERMINING THE APPLICATION OF A PAYMENT OF $33 ,000 . 00 MADE ON MAY 18 , 1973, BY BO-MARK DEVELOPMENT CORP. TO THE CITY OF DANIA; AND DETERMINING AND FINDING, IN EFFECT THAT ALL CONSOLIDATED ACREAGE IMPACT FEES FOR WATER SERVICE AND SEWER SERVICE HAVE BEEN PAID IN FULL AS TO E 1/2 OF THE SE 1/4 OF THE SE 1/4 OF THE NE 1/4 OF SECTION 3, TOWNSHIP 51 SOUTH , RANGE 42 EAST, BROWARD COUNTY, FLORIDA, AND W 1/2 OF THE NE 1/4 OF THE NE 1/4 OF THE SE 1/4 OF SECTION 3, TOWNSHIP 51 SOUTH, RANGE 42 EAST, BROWARD COUNTY, FLORIDA; AND PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CON- FLICT HEREWITH ARE HEREBY REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING THAT THIS RESO- LUTION SHALL BE IN FORCE AND TAKE EFFECT IMMED- IATELY UPON ITS PASSAGE AND ADOPTION. That the RECITALS which form the basis for this resolution are stated as follows : (1) That the three tracts of land (each containing approxi- mately five acres before deductions for right-of-way) which are the subject of this resolution are identified and described as follows: TRACT "A" : E 1/2 of the SE 1/4 of the SE 1/4 of the NE 1/4 of Section 3 , Township 51 South , Range 42 East, Broward County, Florida This is a tract at the Northwestern corner of the intersection of S .E . Seventh Street and S.E . Fifth Avenue, Dania, Florida. TRACT "B" : E 1/2 of the NE 1/4 of the NE 1/4 of the SE 1/4 of Section 3 , Township 51 South, Range 42 East, Broward County, Florida This is a tract now improved with a condominium apartment development known as Townhouse East . This is the tract at the Southwestern corner of the intersection of S .E. Seventh Street and S .E. Fifth Avenue, Dania , Florida. TRACT "C" : W 1/2 of the NE 1/4 of the NE 1/4 of the SE 1/4 of Section 3, Township 51 South, Range 42 East, Broward County, Florida. This is a tract immediately to the West of Tract "B" (the Townhouse East Tract) . Tract "C" is on the South side of S.E. Seventh Street, Dania, Florida. L� (2) At all times material to this resolution, City of Dania has associated the ownership of Tract "A" , Tract "B" and Tract "C" with either Robert J. Graf, Mark Zenobia or Bo-Mark Development Corp. , a Florida Corporation, although City of Dania has never had any reason to investigate the actual record owner- ship of the fee simple title to each tract. City of Dania under- stands that Bo-Mark Development Corp. is a corporation in which Robert J. Graf and Mark Zenobia are the main principals . (3) City of Dania owns a municipal water system and a municipal sewer system for the purpose of furnishing utility ser- vices of such types to the residents of the city. In the early 1970s , City of Dania was confronted with various applications from land developers who sought permits to construct large multi- family residential developments in various areas of the city. As a concept of municipal growth and development, it was generally recognized and agreed that each major development placed a large and additional burden on the water system and on the sewer system of the city so that it was appropriate for the city to charge , or assess , so-called "impact fees " to pay for the cost of making additions and improvements to the water system and the sewer system. =� It was a generally accepted concept that each developer should pay some type of impact fee at the time he applied for a permit to construct a multifamily residential unit. (4) In late 1972 or early 1973, Bo-Mark Development Corp . indicated to City of Dania that it proposed to construct multifamily residential units on Tract "A" , Tract "B" and Tract "C" , with the first development to begin on Tract "B" (which has since been improved with the Townhouse East Apartments) . Based on the formula which it was then following, City of Dania advised Bo-Mark Development Corp. that the consolidated acreage .impact fee to be paid on the total acreage contained in Tract "A" , Tract "B" and Tract "C" would be computed on a basis of $2,500 .00 per acre. Further, City of Dania J 2 - indicated that it would charge a separate consolidated unit impact fee which would be based on the number of housing units to be con- structed on each of the three tracts. (5) Tract "A" , Tract "B" and Tract "C" contain a net total acreage of 13. 2 acres (after allowing deductions for street right-of-way) and the net total of 13 . 2 acres was used as a basis Of computing the consolidated acreage impact fees due City of Dania . 13 . 2 x $2,500. 00 = $33 , 000 . 00 , which would represent the total amount due City of Dania for consolidated acreage impact fees , based on the rate which was followed by City of Dania in 1972 and the early part of 1973 . (6) City of Dania required Bo-Mark Development Corp. to pay the aforesaid $33 ,000. 00, representing the aggregate total of all consolidated acreage impact fees due City of Dania, for any type of construction on Tract "A" , Tract "B" and Tract "C" . Bo-Mark Development Corp. did pay such sum of $33 , 000 . 00 to City of Dania on May 18 , 1973 , as full payment of all consolidated acreage impact w fees due City of Dania as to water service and sewer service regarding Tract "A" , Tract "B" and Tract "C" . It is immaterial for the purposes of this resolution but Bo-Mark Development Corp, also paid to the City of Dania the consolidated unit impact fee for the units built at the time on Tract "B" (now known as Townhouse East Apartments) . (7) Inasmuch as no housing units have been constructed on either Tract "A" or Tract "C", Bo-Mark Development Corp. has never paid any type of unit impact fee for any housing units it might have proposed (or now proposes) to construct on either Tract "A" or Tract 11C (8) After the payment of the aforesaid sum of $33,000 .00 to City of Dania on May 18 , 1973, representing full and complete payment to City of Dania of all consolidated acreage impact fees for water service and sewer service regarding Tract "A", Tract "B" and Tract "C", City of Dania did adopt ordinance no. 99 on July 13, 1976 . 3 - L . . J (9) Ordinance no. 99 provides for a consolidated acreage impact fee of $4 ,300 .00 per acre for water service and sewer service . Such ordinance provides for a consolidated unit impact fee of $510 . 00 per unit for each residential unit constructed on a site. (10) In effect, ordinance no . 99 now provides for a con- solidated acreage impact fee of $4 , 300 . 00 per acre as compared to the former consolidated acreage impact fee of $2 , 500 . 00 per acre. (11) That the records of City of Dania are not as clear and precise as might be desirable but that Bo-Mark Development Corp. and City of Dania have jointly reviewed their respective records and have agreed as to the basis on which the $33,000 . 00 was com- puted as being due. Further, such parties have agreed as to the charges or fees which were intended to be paid by the $33, 000 . 00 . (12 ) That there has been previous controversy between Bo- Mark Development Corp. and City of Dania as to the respective rights of the parties regarding the proper application of the payment of the $33 , 000 .00 . As a result, Bo-Mark Development Corp. and City of Dania have agreed as to how the payment of the $33 ,000 .00 should be credited. (13) That by this resolution, City of Dania desires to ex- press and confirm the various understandings and commitments made with Bo-Mark Development Corp, regarding the payment of $33 ,000 . 00 . NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA, FLORIDA: Section 1 . That with regard to Tract "A" and Tract "C" , as described in the recitals of this resolution, City of Dania does here- by absolutely and irrevocably acknowledge and agree that it has re- ceived full and complete payment of all sums of money due City of Dania for any type of consolidated acreage impact fees for water service and sewer service. Accordingly, as to Tract "A" and Tract "C" , City of Dania shall never claim or assert that any additional amounts are due from any developer of either Tract "A" or Tract "C" for acre- age impact fees (or their equivalents) for water service and sewer service regarding the construction of improvements on either Tract "A" or Tract "C" . The payment of the sum of $33,000.00 by Bo-Mark Develop- - 4 - ment Corp, on May 18 , 1973 , to City of Dania shall inure to the benefit of any subsequent owner or developer who may apply to City of Dania for the issuance of permits to construct building improvements on either Tract "A" or Tract "C" . Section 2. By this resolution, City of Dania does not acknowledge that it has received payment of any consolidated unit impact fees as to either Tract "A" or Tract "C" and, for so long as ordinance no. 99 remains in effect, any developer desiring to build resi- dential housing units on either Tract "A" or Tract "C" shall have the obligation of paying a consolidated unit impact fee of $510 .00 per residential unit for water service and sewer service . Section 3 . City of Dania agrees to be estopped forever from attempting to claim or assert that there is some balance still due City of Dania for consolidated acreage impact charges as to Tract "A" or Tract "C" on the possible basis that the consolidated acreage impact charges provided by ordinance no. 99 might provide for a higher rate than was in effect as of May 18, 1973 . Section 4 . That all resolutions or parts of resolutions in con- flict herewith are hereby repealed to the extent of such conflict. Section 6 . That this resolution shall be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED this 13th day of November, 1979 . i ATTEST: MAYOR-COMMISSIONER/ CITY CLERK - AUDITOR APPROVED FOR PORP, AND CORRECTIVENESS : 0.....z C, ao..,,_ PRANK C. ADLER, CITY ATTORNEY City of Dania, Plorida - 5 -