HomeMy WebLinkAboutCity of Tamarac Resolution R-88-2481
2
CA
C!
5
6
8
41
10
11
12
13
14
15
16
17
18
21
22
23
24
25
26
27
28
29
30
33
34
35
Temp. Reso. #5168
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-88-aZ�4'
A RESOLUTION AUTHORIZING THE APPROPRIATE
CITY OFFICIALS TO EXECUTE A FOURTH AMEND-
MENT TO THE NOVEMBER 17, 1986 DEVELOPERS
AGREEMENT PERTAINING TO PAYMENT OF DEVELOP-
MENT FEES AND EXTENSION OF THE SITE PLAN
FOR CINNAMON WHARF (TRACT 37); AND PROVIDING
1-'�N EFFECTIVE DATE.
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TAMARAC,
FLORIDA:
SECTION 1: That the appropriate City officials are
HEREBY AUTHORIZED to execute a Fourth Amendment to the
November 17, 1986 Developers Agreement pertaining to payment
of development fees and extension of the site plan for
Cinnamon Wharf (Tract 37), a copy of said Agreement being
attached hereto as Exhibit 1.
SECTION 2: That the appropriate City officials are
hereby authorized to execute said Agreement on behalf of the
City.
SECTION 3: This Resolution shall become effective
immediately upon adoption.
PASSED, ADOPTED AND APPROVED this /41- day of
1988.
NO N ABRAMOW TZ���
MAYOR
ATTEST:
ae—, L�_ I _e? X: � 0- _n , -
CAROL A. EVANS
CITY CLERK
I HEREBY CERTIFY that I have
approved this Resolution as
too (form.
GiS l
RICHARD DOODY
CITY ATTORNEY
RECORD OF COUNCIL VOTE
MAYOR ABRAMOWITZ (9-<-�
DISTRICT 1:
C/M ROHR
DISTRICT 2:
V/M STELZER
DISTRICT 3:
C/M HOFFMAN
DISTRICT 4:
C/M BENDER
0
�r r r
�e
•
PARTIES:
PURPOSE:
DATE:
FOURTH AMENDMENT TO NOVEMBER 17, 1986
DEVELOPER'S AGREEMENT
TRACT 37 CORP. or assigns (hereinafter referred to
9373 West Sample Road as "TRACT 37" or
Suite 203 "DEVELOPER")
Coral Springs, Florida
CITY OF TAMARAC (hereinafter referred to
5811 Northwest 88th Avenue as "TAMARAC")
Tamarac, Florida 33321
TRACT 37 CORP. and TAMARAC have agreed to extend
approval of the TRACT 37, CINNAMON WHARF site plan
on the terms and conditions and for the
consideration set forth in this Agreement for an
additional twelve-month period dating from
September 26, 1988.
`4 , 1988
THE PARTIES AGREE:
1. The Subject Property. TRACT 37 and the CITY OF TAMARAC agree
to enter into this Fourth Amendment to November 17, 1986
Developer's Agreement with respect to the following described
subject property:
The Plat of WESTWOOD 37, according to the Plat
thereof recorded in Plat Book 125, Page 18 of the
Public Records of Broward County, Florida.
2. Additional Extension of Develo er's Agreement. Under the
terms and provisions of the Third Amendment to Developer's
Agreement dated March 9, 1988, the Second Amendment to
Developer's Agreement dated September 23, 1987, the Amendment to
Developer's Agreement dated April 8, 1987, and the original
Developer's Agreement of November 17, 1986, the approval of the
Cinnamon Wharf Site Plan was extended through the close of
business Monday, September 26, 1988, at which time, if TRACT 37
failed to tender payment of the impact and development fees set
forth on Exhibit A to the November 17, 1986 Developer's Agreement
LAW OFFICES MYLES J. TRALINS, PROF'E55IONAL ASSOCIATION
SUITE 1350 MIAMI CENTER, 100 CHOPIN PLAZA, MIAMI, FLORIDA 33131.. TELEPHONE (305) 358.4461
JK- 98-aY9
0
the site plan approval was to have automatically been deemed
null and void. In recognition of TRACT 37's requirement for an
additional extension of time, TAMARAC and TRACT 37 agree that
site plan approval shall be extended in four (4) successive
quarters during the period from September 26, 1988 through
September 25, 1989, by TRACT 371S tendering to the CITY for each
such quarter the sum of $� 1 LAN Lo . 5(o _ ._, consisting of
quarterly payments for guaranteed revenues due pursuant to the
Water and Sewer Developer's Agreement of November 12, 1986 in
the sum of $ (o!Cja _SC ._, and quarterly payments for interest
calculated at ten (10%) percent on impact and development fees
scheduled on Exhibit "A" attached to the November 17, 1986
Developer's Agreement in the sum of $ Said
quarterly payments shall be due and paid before the close of
business on the following dates:
1. on approval of this Amendment by the City Council
for the quarter commencing September 27, 1988;
2. December 26, 1988;
3. March 27, 1989;
4. June 26, 1989.
The CITY'S receipt of each such quarterly payment in advance
on the above -stated dates shall automatically cause the site plan
for Cinnamon Wharf to remain valid and binding through close of
business on the dates when the next scheduled quarterly payment
is due. The parties affirmatively acknowledge that in the event
that any such quarterly payment is not made, then the site plan
approval shall automatically be deemed to be null and void as of
the close of business of the date said payment is required to be
made. The parties further agree that should TRACT 37 pay impact
and development fees in the amounts set forth in Exhibit "A" to
LAW OFFICES MYLES J. TRALINS, PROFESSIONAL ASSOCIATION
SUITE 1350 MIAMI CENTER, 100 CHOPIN PLAZA, MIAM1, FLORIDA 33131• • TELEPHONE (305) 358-4461
r
3
0
1.1
the November 17, 1986 Developer's Agreement, as amended, at any
time during the period when it has prepaid interest with respect
to the same, that TRACT 37 CORP. shall receive pro-rata payment
against the credit for said impact and development fees for the
unused portion of the interest payment (extension fee.) tendered
and paid.
3. Adoption of All Other Conditions of November 17, 1986
Developer's Agreement, as amended. The parties hereby ratify,
confirm and adopt all other terms and conditions of the November
1.7, 1986 Developer's Agreement, the Amendment to Developer's
Agreement dated April 8, 1987, the Second Amendment to
Developer's Agreement dated September 23, 1987, and Third
Amendment to Developer's Agreement dated March 9, 1988, and re-
incorporate the same by reference into this Fourth Amendment to
November 17, 1986 Developer's Agreement.
Carol Evans
City Clerk
TRACT 37 CORP.,
A Florida Corporation
BY
Micha4 T611, resident
10*0KOIA&VAUAIfi;To
o man Abramowitz
4
Mayor, City of Tamarac
CITY OF TAMARAC
APPROVED AT MEETING OF ze g
LAW OFFICES MYLES J. TRALIN5, PROFESSIONAL ASSOCIATION
SUITE 1350 MIAMI CENTER, 100 CHOPIN PLAZA, MIAM1, FLORIDA 33131• . TELEPHONE (305) 358.4461
1
4
STATE OF FLORIDA )
)SS
COUNTY OF BROWARD )
I HEREBY CERTIFY that on this day, before me, an Officer
duly authorized in the State aforesaid and in the County
aforesaid, to take acknowledgments, personally appeared
MICHAEL TOLL, PRESIDENT of TRACT 37 CORP., to me known to be the
person described in and who executed the foregoing instrument as
such officer of said corporation, and that he affixed thereto the
official seal of said corporation.
IN WITNESS WHEREOF, I hereunto set m hand and official seal.
at Tamarac, said County and State, this y of September,
1988. 1 .
Y
My Commission Expires:
40TANY P4%jC STATE Of fLORIDA
#y �fiNW1SSION UP. APR 29,199D
jp4ULD INRU GENERAL INS. UND. !
STATE OF FLORIDA )
)SS
COUNTY OF BROWARD )
OF FLORIDA
I HEREBY CERTIFY that on this day, before me, an officer
duly authorized in the state aforesaid and in the County
aforesaid, to take acknowledgments, personally appeared NORMAN
ABRAMOWITZ and CAROL EVANS, the Mayor and City Clerk of
the City of Tamarac, respectively, to me known to be the persons
described in and who executed the foregoing instrument as such
individuals, and they acknowledged before me that they executed
same.
IN WITNESS WHEREOF, I hereunto set my hand and official seal
at Tamarac, said County and State, this / day of September,
1988.
NOTARY PUBLIC STATE. OF FLORIDA
AT LARGE
My Commission Expires:
NOTARY RUSLIC STRTE Of MAJOR
NY COR"ISS1ON EXP SEPT 17,1980
RONCEO TURD GENERAL INS' UNO.
This Instrument was Prepared By:
Myles J. Trali.ns, P.A.
100 Chopin Plaza, #1350
Miami, Florida 33131
Telephone: (305) 358-4461
C�
•
LAW OFFICES MYLES J, TRALINS, PROFESSIONAL ASSOCIATION
SUITE 1350 MIAMI CENTER, $00 CHOPIN PLAZA, MIAMI, FLORIDA 33131• • TELEPHONE (305) 356-4461
1
.;;�,!� DESCR IPTION
A portion, of Tracts 17 and 18 of FLORIDA FRUIT
Of Section 5, Township 49 South. Range 41 East,
102 of the Public Records of Palm Beach County
described as follows:
LANDS COMPANY SUBDIVISION NO. 2,
as recorded in Plot Book 1, Page
Florida being more particularly
COMMENCLNG at the Southwest corner of said Section 5; thence North 00- 06' 44' West
along the West tine of said Section 5. a distance of 3369.86 feet; thence North
89r 53, 16' East, a distance of 2097.53 feet to the POINT OF BEGINNING of this
Description; thence South 6V 42' 19' East, a distance of 435.41 feet; thence South
03. 32' 02' West, a distance of 510.12 feet; thence South 4T t9' 55' West, a distance
of 392,60 feet to the Point of Cwvotufe at a Circular curve to the right;
theP
Southerly and Westrriy, along the arc of said curve.
having a radius'of
35feet, an arc distance of 266.83 feet to the Point of Tangency; thence
So89. 53' 16• Weat. o distance of 419.89 feet to an intersection with the arc
of a circular curve to the right, whose `radius point bean South $9' 00' 00' East,
from the lost described point; thence Northerly and Easterly along the arc of
said curve, having a radius of 730.00 feet, an arc distance of 590.31 feet to
the Point of Tangency; thence North 47, 19' 55' Eost,'a distance of 130.00 feet to
the Point of Curvature of a circular curve to the left: thence Easterly and
Northerly alongq the arc of said curve, having a radius of 790.00 feet, an arc
distance of 372.79 feet to the Point of Tongenc ; thence North 20. 17' 41' East. a
distance of 110.00 feet to the POINT OF BEGINNING. Said lands situate , lying
and being in Braward County, Florida.
Subject to a 20 foot Utility and Drainage Easement along all boundaries, said
in Platent air Book alsoa125, Page 18, Public Records ofor maintenace on f Browordwcounty, n as ,Flor Florida.
CT 7recorded
Containing 14.258 Acres, more or less.
i
LJ
LOCATION MAP
NTS
0