HomeMy WebLinkAboutR-1990-005 i
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RESOLUTION NO. 05-90
A RESOLUTION OF THE CITY OF DANIA, FLORIDA,
APPROVING AGREEMENT BETFlEEN 6RO1,'ARD COUNTY,
CITY OF DANIA AND HOUSING AUTHORITY OF DANIA
RELATING TO THE ISSUANCE OF i3UILDING PP,Rf1I'LS
WHILE PLOTTING IS IN PROGRESS FOR MI?ELL
GARDENS PLAT; AND PROVIDING FOR AN EFFECTIVE
DATE.
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BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA,
FLORIDA:
Section 1 . That the agreement between Broward County, City
Of Dania and Housing Authority of Dania relating to the issuance
of building permits while platting is in progress for '!i7,ell
Gardens Plat , a copy of which is attached hereto and made a Dart
hereof as Exhibit "A" , be and the same is hereby approved and the
appropriate city officials are directed to execute sane .
Section 2 . That this resolution shall be in force and take
effect immediately upon its Passage and adoption.
PASSED and ADOPTED this 9th day of January 1990.
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ATTEST:
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CITY CLERK - AUDITOR
APPROVED AS TO FORM AND CORRECTNESS
FRANK L . AhLER , City Attorney
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Resolution No. 05-90
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L'lPC: [Perm it,, Proposed
geptemher 21, 1987
Incorporated Areas
Plat Approval
A G R E E M E N T
Among
BROWARD COUNTY
° and
City of Dania
and
Housing Authority of Dania
Relating to
THE ISSUANCE OF BUILDING PERMITS
,Y WHILE PLATTING IS IN PROGRESS
EXHIBIT "A?'
A G R E E M. E N T
Among
BROWARD COUNTY
and
City of Dania
and
Housing Authority of Dania
Relating to
THE ISSUANCE OF BUILDING PERMITS
WHILE PLATTING IS IN PROGRESS
This is an Agreement among; BROWARD COUNTY, a political sub-
division of the State of Florida, its successors and assigns, hereinafter
referred to as "COUNTY, " through its Board of County Commissioners;
AND
The City of Dania a municipal corporation
organized and existing under the laws of the State of Florida, its succes-
sors and assigns, hereinafter referred to as "CITY";
AND
Honcittg Authority of Dania its successors and
assigns, hereinafter relerreu to as "DEVELOPER."
tN I T N F C C F T H -
WHEREAS, DEVELOPER, is the owner of a certain parcel of land,
described in Exhibit "A" attached hereto and hereinafter referred to as the
MIZELL GARDENS Plat, Plat No.
201-MP-89 , located on N.S. 7th Avenue & Dania Beach Boulevard
and situated within the ty o ania on which
parcel of land DEVELOPER contemplates the construction of 16 garden
apartments and
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WHEREAS, DEVELOPER is now desirous of obtaining building permits
from the CITY so that DEVELOPER may construct sixteen garden apartments
hereinafter
rererred 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 MIZELL GARDENS Plat, prior to plat approval by the
CCUNTY 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 MIZELL GARDENS
and Plat prior to plat approval and recordation;
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 ,, . 4
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 MIZELL GARDENS 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 above recitals are true and correct and incorporated herein.
2. The COUNTY represents to the CITY that it does not obiect to the
CITY'S issuance of building permits to DEVELOPER for construction of
sixteen garden apartments within the boundaries of
the MIZELL GARDENS Plat prior to the approval and recordation
of said Plat, provided that:
(a) no building permits shall be issued unless and until DEVELOPER
shows documentation to CITY that it has filed an application with
COUNTY for final plat approval of the MIZELL
GARDENS Plat; and
(b) no building permits shall be issuer: by CITY unless and until
DEVELOPER shall document payment of the impact fees to the
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COUNTY which are due for construction of 16 Garden Apartments
pursuant to Chapter 5, Article IX, Broward County Code of
Ordinances, the Land Development Code, and 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
(c) no certificate of occupancy, which is complementary to the
building permits, shall be issued by 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
(d) conditions 2(c) shall appear on the face of the building permits
issued by the CITY.
3. The CITY agrees that any building permits issued for construction of
said Improvements shall be issued in accordance with paragraphs 1 (a) ,
2(b) , 2(c) and 2(d) , 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 left to 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 citizens of Broward County.
a<.... 5. DEVELOPER agrees not to occupy the Improvements unless and until a
certificate of occupancy has been issued by the CITY.
G. 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.
7. DEVELOPER aqrees to immediately cease all constructinn artivitipa nn
the subject premises and shall forthwith remove the Improvements
within six (6) months of the adoption by the Board of County Commis-
sioners of a development order denying DEVELOPER'S application for a
development permit. The COUNTY shall refund any impact fees which
have been paid after the Improvements have been removed.
a. In the event DEVELOPER does not record the MIZELL GARDENS
Plat within the eighteen (18) months from the date of COUNTY
approval, as required by Chapter 5, Article IX, Section 5-197(h) , or
within one six-month extension of the recoroation period permitted in
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Section 5-197(h) , DEVELOPER agrees to immediately cease all
construction activities on the subject premises and shall forthwith
remove the Improvements within three (3) months of the expiration of
the recordation period. The COUNTY shall refund any impact fees
which have been paid after the Improvements have been removed.
9. The issuance of the building permits before final approval or denial
of the Plat 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 MIZELL GARDENS Plat, nor shall
the COUNTY or CITY be deemed estoppea from enfcrcing the terms of
this Agreement because of the issuance of the building permits.
10. This Agreement shall be recorded in the Public Records of Broward
County, Florida, at the DEVELOPER'S expense. Recordation of the
MIZELL GARDENS Plat shall be an automatic release
of the obligations of DEVELOPER set forth herein.
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 CONIN,ISSICNERS, signing by and
through its Chairman, authorized to execute sarne by Board action on the
day of , 19 , and the City of Dania
sinning by and through its Mayor, duty Wthorizca to execute same, and
The Housing Authority of Dania I signing by and through
ouly authorized to execute same.
COUNTY
ATTEST: BROl1'ARD COUNTY, through its
BOARD OF COUNTY COMMISSICNERS
County Administrator and Ex-
Officio Clerk of the Board of By
County Commissioners of Chairman
Broward County, Florida
day of 19_
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AGREEMENT AMONG BROWARD COUNTY AND Cityof Dania
AND The Housing Authority of Dania RELATING TO j�E jgSUANC�E pr
BUILDING PERMITS L'JI{ILE PLATTING IS IN PROGRESS
Approved as to form and legality by
Office of General Counsel
for Broward County, Florida
SUSAN F. DELEGAL, General Counsel
Governmental Center, Suite 423
175 South Andrews Avenue
Fort Lauderdale, Florida 33301
Teleplione: (305) 357-7600
By
Assistant General Counsel
V' CITY
WITNESSES :
By
Mayor-Commissioner
.....a day of 10
ATTEST: —
City Manager
City Clerk
day of 19
(CORPORATE SEAL) —
APPROVED AS TO FORM:
By
City Attorney
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a
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AGREEMENT AMONG BROWARD COUNTY AND The City of Dania
AND The Housing Authority of Dania RELATING TO THE ISSUANCE OF
BUILDING PERN11TS WHILE PLATI ING IS IN PROGRESS
DEVELOPER 7
WITNESSES: (,JtAt/
day of 19_
(CORPORATE SEAL)
CORPORATION
STATE- OF FLORIDA )
SS.
COUNTY OF Browar-d )
�•- William C Winkelholz as BEFORE ME personally appeared of. the Dania Housing AuthoanU11rrY
as President and Secretary of
a non-profit corporation,
known to me to be the person(s) described in and who executed the
foregoing Agreement and acknowledged to and before me that they executed
same for the purposes expressed herein. n /
/1 WITNESS my hand and official seal, this day of
19 e�y.
Notary Public
My commission expires:
-G-
ARD COUNTY AND The City of Dania
AGREEMENT AMONG EiRGI"
AND The Housing Authority of Dania RELATING TO THE ISSUANCE OF
BUILDING PERMITS WHILE PLATTING IS IN PROGRESS
INDIVIDUAL
STATE OF FLORIDA )
sS.
COUNTY OF )
Before me personally appeared
to me well known and known to me to be the person described in and who
executed the foregoing instrument, and acknowledged to and before me that
executed said instrument for the purposes therein
expressed.
WITNESS my hand and official seal, this day of
19
' IVVttlI y " u�•"'
State of Florida at Large
My commission expires :
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AGREEMENT AMONG BROWARD COUNTY AND The City of Dania
AND The Housing Authority of Dania RELATING TO THE ISSUANCE OF
BUILDING PEkh11TS lSHILL PLATTING IS IN PROGRESS
PARTNERSHIP
STATE OF FLORIDA )
SS.
COUNTY OF )
BEFORE I:IE personally appeared
as of
(Name of Partnership)
known to me to be the person described in and who executed the foregoing ► 4
Agreement and acknowledged to and before me that executed same for
the purposes herein expressed.
WITNESS my hand and official seal, this day of
7 9_
Nnr�r,i t� il,l��
My commission expires:
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