HomeMy WebLinkAboutR-97-0565RESOLUTION NO. 97-565
This item has been
determined to be
authorized and executed
and therefore does not
require a legislative
instrument
SEPTEMBER 9, 1997
September 9, 1997
97-565
Legis
Block Grant Housing BAME
Pendinglegislation 10:52 AM09/12/2000
-CITY OF MIAMI, FLORIDA
11
TO: James J. Kay
Interim Director
Public Works Department
FROM:
Yamile M. Trehy
Assistant City Attorney
INTER -OFFICE MEMORANDUM
DATE. September 3, 1997 FILA-97-746
SUBJECT : BAME PLAT- NEW HOPE
OVERTOWN PROJECT;
Permit While Platting Agreement
REFERENCES:
ENCLOSURES:
As you know,-,BAME withdrew its request for a meeting with the Administration and this
Department last_month, when we provided them with copies of the Opinions of Title found in
your Public Works files concerning Dade County's Re -plating of the Project property back in
1984. It was hoped that with their receipt of same they would be able to provide the City with the
required Opinion of Title which is the only item holding up final plat approval at this time. . .
Recently, however, BAME and their legal counsel advised this Department they are unable to rely. -
on the aforementioned Opinions of Title and that they need the City's assistance to ensure they do
no loose funding for the Project for failure to commence construction prior to calendar year end.
After reviewing the City Code and discussions with your Department it appears that the City does
not as a practice permit any construction to commence on property prior to recordation of the
final plat. However, on a very few occasions the City has issued building permits (i.e. permitted
some minor construction/work on property) prior to recordation of the final plat but only when
the property in question was owned by the City or its agents.
While brainstorming with your Department on ways to accommodate the request by BAME to
save the Prcject I brought up what I have seed done in other jurisdictions, including the use of
"permit while platting agreement". In connection therewith, enclosed please find a copy of a form
Permit While Platting Agreement used by Broward County for your review. I would appreciate
your thoughts, comments, suggestions, and recommendations on this matter.
If you have any questions or comments on this matter please refer them to me. Please address any
future communications with A#97-746. My direct number is 416-1832.
cc: Joel E.'Maxwell, Deputy City Attorney.
Frank McMahon
Len Helmers
le`1'n" I
YNIT: PWa9774613AN4EpemikplatingK.doc 9 7_ 565
65
WPC:1Permit�4.IA1-- posed
March 292 1990
Incorporated Areas
Prior to Plat Recordation
A G R E E W E N T
Among
BROWARD COUNTY
and
City of Pembroke Pines
and
L. W. Rozzo, Inc.
Relating to
THE ISSUANCE OF BUILDING PERWTS
WHILE PLATTING IS IN PROGRESS
97- 565
A G R E E M E N T
Among
BROWARD'COUNTY
and
City of Pembroke Pines
and
L.W. Rozzo, Inc_
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 Pembroke Pines 0 a municipal corporation
organized ano existing. under the laws of the State of Florida, its succes-
sors .and assigns, hereinafter referred to as "CITY";
AND
L.W. Rozzo Inc. 0 its successors and
assigns, hereinafter referred to as L
WIT'NE'SSETH;
WHEREAS, DEVELOPER, is the owner of . a .certain parcel of land,
described in Exhibit "A" attached hereto and hereinafter referred to as -the
SESSA'S SEVEN Plat, Plat No.
37-MP-89 located on �2 Avenue ,
and situated within the 'Ulty ot Pembroke Pines -
on which parcel of land DEVELOPER contemplates - the construction of
Lwo warehouses and
97- 565
WHEREAS, the Sessa's Seven Plat was approved by the Board
of County Commissioner -September 5, , 1989 ; and.
WHEREAS, DEVELOPER is now desirous. of- obtaining building: permlts:
from the CITY so that DEVELOPER may construct
two warehouses hereinafter re erred to.
"Improvements"- within the boundaries 7--said- Plat; and
WHEREAS,
DEVELOPER for
the Sessa's
and
the CITY may
construction. of
Seven
not ordinarily Issue building permi"_,.to
said Improvements -within the boundaries*- of
Plat, prior to recordation of said Plat;
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 Sessa'9S v n Plat,
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'
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 r
WHEREAS,' this Agreement will facilitate the construction of the
improvements within the boundaries of .the Sessa's Seven Plat.
Ly DEVELOPER in the CITY 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
conthined, 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
two warehouses within the boundaries- of
the SPasa's Seven Plat prior to recordation of said Plat,
provided that:
(a) no building permit shall be issued by CITY -unless and until
DEVELOPER -shall document payment. of the impact fees to the
COUNTY which are due for construction of two warehouses ,
pursuant to Chapter 5, Article IX, roward
County Code of Ordinances, the Land Development Code, and
-1- 97- 565
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,
IN
-(b) no certificate of occupancy, which Is. .-c®mplemenUry�FAo `-Ahe-
building permits, shall be issued e,uc�1E'i,
DEVELOPE1t shall record. in the �c11a1. rids' '21nd,;.Lntil
16rvward
.a
County said Plat which has. been. approved.. by ';2�e..13roward.
County Board of County Commissioners; and... "'%`�' i-%'::' 'A"
(c) condition 2(b) shall appear -on the face -of .the building permits
issued by CITY.
3. The. CITY agrees. that any building permits issued- for construction of
said Improvements will be issued in accordance with paragraphs 2(a) ,
2(b) and 2(c), 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 BroNard 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 fcs 'are paid they shall .he
adjusted at the time of Plat recordation and any underpayment or
overpayment shall be taken"into consideration.
7. In the event DEVELOPER does not record the + ;Pfn Plat
within the eighteen,118) months from the date of CCUNTY approval as
required by Chapter 5, - Article IX, Section 5-197(h), or within the one
six-month extension of , the recordation. period permitted in 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 experation of 'the
recordation period. The -COUNTY shall refund any impact fees which
have been paid after the Improvements. have been removed. .
8: The issuance of the building permits before final plat recordation
shall not be considered by DEVELOPER, COUNTY, or CITY as a grant
to DEVELOPER of any vested right whatsoever for the use, oc-
cupancy, or completion of the construction of Improvements within the
-3- 97-- 565
boundaries of the Sessa's Seven Plat, nor shall
the CITY or COUNfY. be deemed estopped. from en orcing the terms.
of this. Agreement because of the. issuance. of the., building permits.
9'. This Agreement shall be recorded in the Public Records. of Broward
County, Florida, at • the DEVELOPER'S -expense.. • -Recordation of -the
Sessa's Seven Plat shall be an automatic release
o the obligations ot DEVELOPER —set -forth herein..
IN WITNESS WHEREOF, the parties hereto •tmave. -: made ..and. executed
this Agreement on the respective dates. under each signature: BROWARD
COUNTY through its BOARD OF COUNTY COMMISSIONERS,. signing by and
through its Chairman, authorized to execute- same by Board action on. the
day of 19 , and the
signing by and through its Mayor•, duly- authorized to execute same, and
zahn C F, Jildirh Sesser _ , signing by and through
L_W.Rozzo duly authorized to execute same.
ATTEST:
ounty Administrator and Ex-
Officio Clerk of the Board of
County Commissioners of
Broward County, Florida
COUNTY
BRUWARD COUNTY, through its
BOARD OF COUNTY COMMISSICNERS
By
Chairman
day of ; - 19
Approved as to form and legality. by
Office..of General Counsel
for Broward County, Florida
SUSAN F. DELEGAL, General Counsel
Governmental Center, Suite 423
.115 South Andrews Avenue .
Fort Lauderdale; Florida: 33301
Telephone: (305) 357-7606
By
Assistant General Counsel
-4-.
AGREEMENT AM1CNT 6ROWARD COUNTY AND City of Pembroke Pines
AND - L.W. Rozzo. RELATING E ISSUANCE- OF
BUILDING i WHILE. PLATTING IS IN- PROGRESS.
CITY
WITNESSES:
ayor- Corrmissloner
2l day of 1q?.
ATTEST:
City Clerk
(CORPORATE SEAL)
IJ
City Ma6�L
nager
d day of
APPROVED AS TO FORM.:
ty Attorney
-5-a'-6
AGREEMENT AMONG BROItiARD COUNTY ANC
AND RELATING TO THE IS U NCE. OF ILDING
PERMITS WHILE PLA NG IS. IN PROGRESS
DEVELOPER
WITNESSES:
L," RoJgo Snr-
)G
S day of
(CORPORATE SEAL)
INDIVIDUAL
STATE OF FLORIDA )
SS.
COUNTY OF )
Before me personally appeared
to rr.e well known ;,nd 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.
VATNESS my hand and official. seal; this day of ,
19
Notary Public
State of Florida at Large
My commission expires:
97- 565
AGkEEMENT' Ah�ONG BROWARD COUNTY A14D City of Pembroke Pines.
AND L.W. Rozzo, Inc. RELATING TO THE ISSUANCE OF BUILDING
PERMITS- WHILE LA IRO IS IN. PROGRESS.
CORPORATION
STATE OF FLORIDA )
) SS.
COUNTY OF )
BEFORE ME personally appeared golytc Se l,= and
`�udit}c K SeA as President and Secretary of
L W ?o4go -9nc a Ra 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.
WITNESS my hand and ofaicial secl, this �_ day of /ice,
19 90.
Notary/ Public
My commission expires:
COTAR PUetIC $TOTE OF MORI"
mM ���� M20.� i
-�- 97- 565
BAME Development Corporation of South Florida, Inc.
Gen-055
September 81 1997
Problem
We have been working for over 2 years to develop 44 units,-'.
town. Financing for the
project has been secured, however, our funding contracts
W We can not proceed to final
PLAT because the City of Miami never cleared title to'the
property that is being used in this project. We now must
go to court to clear title, which take 6-12 months,
which will kill our project.
e o-
-7V
Solution(s) cal P-t
1. Direct Staff to proceed with the procedure known as
as demonstrated by Broward
County and the City of Pembroke Pines (copy
attached). Or;
-2. Since the City currently has title to the property in
question, -theDepartmehtOf
Commltfty
L AN d pull -
Lt
97- 565