HomeMy WebLinkAboutR-1989-073 I I
RESOLUTION NO. 73-89
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A RESOLUTION OF THE CITY OF DANIA, FLORIDA,
APPROVING THE AGREEMENT AMONG BROWARD
COUNTY, CITY OF DANIA AND DANIA ECONOMIC
DEVELOPMENT CORP. RELATING TO THE ISSUANCE
OF BUILDING PERMITS WHILF PLAITING IS IN
PROGRESS ; AND PROVIDING FOR AN EFFECTIVE
D9TE.
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BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA,
FLORIDA:
Section 1 . That that certain agreement among Broward
County, City of Dania and Dania Economic Development Corp.
relating to the issuance of building permits while platting is in
progress, a copy of which is attached hereto as Exhibit "A" be
and the same is hereby approved and the appropriate city
officials are directed to execute same .
Section 2 . That this resolution shall be in force and take
effect immediately upon its passage and adoption.
PASSED and ADOPTED this 13th day of June 1989 .
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MAYOR
COI SIONER
ATTEST:
CITY CLERK-AUDITOR
APPROVED FOR FORM AND CORRECTNESS
BY:— 0
Frank C. Adler, CITY ATTORNEY
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i';PC :(Permmt#2. IA]-- Proposed '
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Incorporated Areas
Plat Approval
A G R E E M E N T
Among
BROWARD COUNTY
and
CITY OF DANIA
and
DANIA ECONOMIC DEVELOPMENT CORP .
Relating to
THE ISSUANCE OF BUILDING PERMITS
WHILE PLATTING IS IN PROGRESS
EXHIBIT is
A G R E E M E N T
Among
BROWARD COUNTY
and
CITY OF DANIA
and
DANIA ECONOMIC DEVELOPMENT CORP .
Relating to
THE ISSUANCE OF BUILDING PERMITS
WHILE PLATTING IS IN PROGRESS
This is an Agreement among: BROW'ARD 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";
a sX AND
DANIA ECONOMIC DEVELOPMENT CORP . , a
non-Drofit organization its successors and
assigns, hereinafter referred to as "DEVELOPER."
W I T N E S S E 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
COLLINS PARC Plat, Plat No.
1r� _Q�, located or. W 17th Ct & 1 h Ave..
and situated within the City of Dania ^ an which
parcel of land DEVELOPER contemplates the construction of 25 detached
singled family homes (low/mod. income); and
WHEREAS, DEVELOPER is now desirous of obtaining building permits
from the CITY sn that DEVELOPER may construct 25 detached single
family homes for low and moderate income fame ie-'L`es
rererred to as the "Improvements" within the boundaries of said Plat hereinafter and
WHEREAS, the CITY may not ordinarily issue building permits to
DEVELOPER for construction of said Improvements within the boundaries of
the Collins Parc Plat, prior to plat approval by the
CCUi`J i Y and recordation thereof; and
WHEREAS, on 1 19 the COUNTY authorized the
issuance of building permits by the CITY to DEVELOPER for construction of
said Improvements within the boundaries of the
Collins Parc Plat prior to plat approval and 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
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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 Collins Parc 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 object to the
CITY'S issuance of building permits to DEVELOPER for construction of
25 houses for low/mod. income familiesvithin the bot- 'iries of
the Collins Parc 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
Collins Parc Plat; and
(h) no building permits shall be issued 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 said 25 houses
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 CCUNTY'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.
5. DEVELOPER agrees not to occupy the Improvements unless and until a
certificate of occupancy has been issued by the CITY.
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.
7. DEVELOPER agrees to immediately crease all construction activities on
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 :.hall refund any impact fees which
have been paid after the Improvements have been removed.
8. In the event DEVELOPER does not record the Collins Parc
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 recordation 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 Collins Parc Plat, nor shall
the COUNTY or CITY be deemed estoppel from enforcing 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
Collins Parc Plat shall be an automatic release
of the obligations or 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 COh1MISSICNERS, signing by and
through its Chairman, authorized to execute same by Board action on the
day of , 1g89, and the City of Dania
siyninq by and through its Mayor, duly authorized to execute same, and
Dania Frnrinmi r Da gal nPmant- Co=p___, signing by and through
duly authorized to execute same.
COUNTY
ATTEST: BRO1tARD COUNTY, through its
BOARD CF COUNTY COMMISSICNERS
County Administrator and Ex-
Officio Clerk of the Board of By
County Commissioners of Chairman
Broward County, Florida
day of 19 89.
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AGREEMENT Ah,ONG BROVYARU CGUN'fY AND City of Dania
AND Dania Ecomonic Development Cor_nRELATING TOE H�SU�1N EC�F
BUILDING PERIviITS ItiHILE PLAT ING IS IN PROGRESS
DEVELOPER
WITNESSES:
Dania Econimic Development Corp .
a non-profit organization�—
day of 19 89 .
(CORPORATE SEAL)
CORP—SON
STATE OF FLORIDA )
COUNTY OF ) SS.
-w •� BEFORE ME personally appeared
as President and Secretary and
k111 in to me to be the person(s) abn corporation,
and
foregoing Agreement and acknowledged toya de before a ttedhe
same for the purposes expressed herein. who hat they executed
WITNESS my hand and official
1989 . seal, this day of
Notary Public
Ply commission expires:
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AGREEMENT AMONG BROWARD COUNTY AND City of Dania
AND N/A RELATING TO�—
6UILDING PERMITS WHILE PLATTING IS IN PROGRESSTHC ISSUANCE OF
Approved as to form and legality by
Office of General Counsel
for Broward County, Florida
SUSAN F. DELEGAL, General Counsel
Governmental Center, Suite 423
A
115 South Andrews venue
Fort Lauderdale, Florida 33301
Telephone: (305) 357-7600
By
Assistant General Counsel
CITY
WITNESSES:
ByZ/J
ayor Commfsswn�—
day of 1989
ATTEST: _
City Manager
City Clerk /
day of 6.w.� 19-81.
(CORPORATE SEAL)
APPROVED AS,ITO FORM:
////
City Attorney —
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AGREEMENT AMONG BROWARD COUNTY AND
AND RELATING TO THE ISSUANCE OF
BUILDING PERMITS WHILE PLATTING IS IN PROGRESS
INDIVIDUAL
STATE O\' )
COUNTYBepeeaared
to me well known and known to rt1 to be the rson described in and who
executed the foregoing instrument, an ack owledged to and before me that
executed said rument for the purposes therein
expressed.
WITNESS my hand and official seal, this ay of
.. 19 89
Notary Public
State of Florida at Large
My commis ion expires:
-7-
AGREEMENT AMONG BROWARD COUNTY AND
AND RELATING TO THE ISSUANCE OF
BUILDING PERMITS %hHILE PLATTING IS IN PROGRESS
PARTNERSHI
STATE OF FLORIDA )
S
COUNTY OF S.
BEFORE ME personally appeared /
as of `\
(Name of Partnership)
known to me to be the person descr(bed in and who executed the foregoing
Agreement and acknowledged to a d before me that executea same for
the purposes herein expressed
WITNESS my han/andofficial seal, this \day of
19
Notary Public \
My /missionexpires: �\
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I
RESOLUTION No. 13-89
_ A RESOLUTION OF THE CITY OF DANIA, FLORIDA,
APPROVING THE. AGREEMENT AMONG BROWARD
COUNTY, CITY OF DANIA AND DANIA ECONOMIC
DEVELOPMENT CORP. RELATING TO THE. ISSUANCE
OF BUILDING PERMITS WHILE PLAITING IS IN
PROGRESS; AND PROVIDING FOR AN EFFECTIVE
DATE.
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA,
.. FLORIDA:
Section 1 . That that certain agreement among Broward
County, City of Dania and Dania Economic Development Corp,
relating to the issuance of building permits while platting is in
progress, a copy of which is attached hereto as Exhibit "A" be
and the same is hereby approved and the appropriate city
officials are directed to execute same.
Section 2. That this resolution shall be in force and take
effect immediately upon its passage and adoption.
w PASSED and ADOPTED this 13th day of June , 1989.
MAYOR - CO, P SIGNER
ATTEST:
` CI Y CLERK-AUDITOR
l APPROVED FOR FORM
AND CORRECTNESS
BY: ✓�Vr+v�
Frank C. Adler, CITY ATTORNEY
J
RESOLUTION NO. 13-89
A RESOLUTION OF THE CITY OF DANIA, FLORIDA,
APPROVING THE AGREEMENT AMONG BROWARD
COUNTY, CITY OF DANIA AND DANIA ECONOMIC
DEVELOPMENT CORP. RELATING TO THE. ISSUANCE.
OF BUILDING PERMITS WHILE PLATTING IS IN
PROGRESS; AND PROVIDING FOR AN EFFECTIVE
DATE.
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA,
FLORIDA:
Section 1 . That that certain agreement among Broward
County, City of Dania and Dania Economic Development Corp.
relating to the issuance of building oe rmits while platting is in
progress, a copy of which is attached hereto as Exhibit "A" be
and the same is hereby approved and the appropriate city
officials are directed to execute same.
Section 2. That this resolution shall be in force and take
effect immediately upon its passage and adoption.
PASSED and ADOPTED this 13th day of June , 1989.
MAYOR - CO' . SIONF.R
ATTEST-
CITY CLERK-AUDITOR
APPROVED FOOR�/FORM AND CORRECTNESS
-V.. : +. J^,'r BY:, ( .
Frank C. Adler, CITY ATTORNEY