HomeMy WebLinkAboutCity of Tamarac Resolution R-88-072Temp. Reso. #4273.
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CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R--88-- 7-�2-
A RESOLUTION AUTHORIZING THE APPROPRIATE
CITY OFFICIALS TO EXECUTE A THIRD AMENDMENT
TO NOVEMBER 17, 1986, DEVELOPER'S AGREEMENT
PERTAINING TO PAYMENT OF DEVELOPMENT FEES
AND EXTENSION OF THE SITE PLAN FOR CINNAMON
WHARF (TRACT 37); AND PROVIDING AN
LEEECTIVE DATE,_
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TAMARAC, FLORIDA:
�ECIIOj_1i That the appropriate city officials are HEREBY
AUTHORIZED to execute a Third Amendment to November 17, 1986,
Developer's 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 111.
'�E= ON-2i 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. lk
PASSED, ADOPTED AND APPROVED this � day of , 1988.
ATTEST:
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CAROL E. BARBUTO
CITY CLERK
I HEREBY CERTIFY that I have
approved this RESOLUTION as to
form.
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RICHARD DOODY
CITY ATTORNEY
BERNARD HART
MAYOR
MAYOR: HART
DIST. 1: C/M ROHR
GIST. 2: C/M STELZER
CAST. 3: C/M HOFFMAN _
DIST. 4: V/M STEIN
THIRD AMENDMENT TO NOVEMBER 17, 1986
DEVELOPER'S AGREEMENT
PARTIES: 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
PURPOSE: 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 six-month period dating from September
25, 1987.
DATE: March !3 , 1988
THE PARTIES AGREE:
1. The Subject Property. TRACT 37 and the CITY OF TAMARAC agree
to enter into this Third 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 A reement. Under the
terms and provisions of 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
Friday, March 25, 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 the site
plan approval was to have automatically been deemed null and
LAW OFFICES MULES J. TRALINS, PROFESSIONAL AS550CIATION
SUITE 1350 MIAMI CENTER, 100 CHOPIN PLAZA, MIAMI, FLORIDA 33131 . TELEPHONE (305) 356.4461
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void. Notwithstanding the same, TRACT 37 requires an additional
six --month extension of time in order for certain modifications to
the site plan be completed, and TAMARAC has agreed to extend the
time for payment of the impact and development fees and has
agreed to keep the site plan for Cinnamon Wharf valid and
binding. Accordingly, TAMARAC and TRACT 37 hereby agree to
further extend the Developer's Agreement and approval of Cinnamon
Wharf site plan through the close of business Monday, September
26, 1988, in consideration for payment to TAMARAC by TRACT 37 of
the sum of Twenty --Four Thousand Eight Hundred Sixty -Eight and
75/100 ($24,868.75) Dollars as guaranteed revenues, pursuant to
the provisions of the Water and Sewer Developer's Agreement dated
November 12, 1986 as between the City and Trison Development
Corp. on behalf of Tamarac Seventy Seventh Street, Ltd. Further,
TAMARAC hereby acknowledges receipt from TRACT 37 of the sum of
Twenty Thousand Two Hundred Eighty -Nine and 00/100 ($20,289.00)
Dollars, which sum represents interest calculated at ten (10%)
percent on the applicable fees and charges set forth in the
November 16, 1987 Developer's Agreement, and including current
applicable water and sewer contribution charges, calculated
through the close of business Monday, September 26, 1988.
Accordingly, TRACT 37's obligation to pay the impact and
development fees set forth on Exhibit "A" to the November 17,
1986 Developer's Agreement is hereby extended until the close of
business on September 26, 1988. It is expressly agreed and
understood by TRACT 37 and TAMARAC that TAMARAC'S approval of
TRACT 37's site plan is subject to payment of the impact and
development fees in the amount set forth on Exhibit "A" to
November 17, 1986 Developer's Agreement or pursuant to paragraph
�.
3 of the Amendment to Developer's Agreement dated April 8, 1987,
and in the event that TRACT 37 fails to tender such payment as
LAW OFFICES MYLES J. TRALINS, PROFESSIONAL ASSOCIATION
SUITE 1350 MIAMI CENTER, 100 CHOPIN PLAZA, MIAMI, FLORIDA 33131 • TELEPHONE (305) 358-4461
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provided for herein, then the site plan approval shall, at that
time, unless otherwise agreed in writing, automatically be
deemed to be null and void. It is further agreed and understood
• that in the event TRACT 37 pays impact and development fees in
the amounts set forth in Exhibit "A" to November 17, 1986
Developer's Agreement as amended, prior to the close of business,
Monday, September 26, 1988, then TRACT 37 shall receive pro-rata
credit against the payment for said impact and development fees
for the unused portion of the interest payment (extension fee)
tendered herewith.
4. Adoption of All Other Conditions of November 17 1986
Developer's Agreement, as amended April 8, 1987. The parties
hereby ratify, confirm and adopt all other terms and conditions
of the November 17, 1986 Developer's Agreement, the Amendment to
Developer's Agreement dated April 8, 1987, and the Second
• Amendment to Developer's Agreement dated September 23, 1987, and
re -incorporate the same by reference into this Third Amendment to
November 17, 1986 Developer's Agreement.
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TRACT 37 CORP.,
A Florida Corporati
BY oI •�(iL
M chael T 1 President
LAW OFFICES MYLES J. TRALINS, PROFESSIONAL ASSOCIATION
SUITE 1350 MIAMI CENTER, 100 CHOPIN PLAZA, MIAMI, FLORIDA 33131 • TELEPHONE (305) 358.4461
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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 my hand and official seal
at Tamarac, said County and State, this day of March,
1988.
NOTARY PUBLIC �STATE—OF FLORIDA
AT LARGE
My Commission Expires:
NOTARY PUBLIC STATE OF FLORIDA
RY CORRISSION Exp SEPT 17,1990
BONDED TNRU GENERAL INS. 0N0,
Carol E. Barbuto 4ernarcl Hart
City Clerk Mayor, City of Tamarac
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 BERNARD
HART and CAROL E. BARBUTO, the Mayor and Assistant 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 March, 1988.
NOTARY PUBLIC STATE OF FLORIDA
AT LARGE
My Commission Expires:
NOTARY PURW STATE OF FLORIDA
AY G�Ku•Y5SIS1 EAP SEPT 17,1990
800DED TRRU GENERAL INS. UND'
This Instrument prepared by: MYLES J. TRALINS, ESQ.
Myles J. Tralins, P.A.
100 Chopin Plaza, #1350
Miami, Florida 33131
Telephone: (305) 358-4461
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LAW OFFICES MYLES J, TRALIN5, PROFESSIONAL ASSOCIATION
SUITE 1350 MIAMI CENTER, 100 CHOPIN PLAZA, MIAMI, FLORIDA 33131 . TELEPHONE (305) 358-4461
�.� '��►!� DESCRIPTION
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A portion. of Tracts 17 and 18 of FLORIDA FRUIT
tO't of the ectio 5. Township
cn Reca ds of 49 uPalm a8eoch 1County
described as follows:
LANDS COMPANY SUBDIVISION NO. 2.
as recorded in Plat Book 1. Page
Florida being more particularly
COMMENCING at the Southwest corner of said Section 5; thence North OQ' 06' 44- West
along the West line of said Section 5. a distance of 3369.86 feet: thence North
89' 53' le' East. o distance of 20190E feet
to
othe fPOINT
435.4BEGINNING
thence South
Description; thence Sohis
uth 69' 42' 19' East.
OS 32' 02' West, a distance at 510.12 feet; thence South 470 19' 55' West. a distance
of 392.60 feet to the Point of Curvature of a circular curve to the right;
thence Southerly and Westerly. along the arc of said curve, having a radius of
3 feet. on arc distance of 266.83 feet to the Point of Tangency; thence
S6 afe t. 16• Weyt, a distance of 419-89 feet to an intersection with the arc
of a circular curve to the right, whose radius point bears South 89' OQ' 00' East.
from the last described Point; thence Northerly and Easterly along the are 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 East.'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 oi thence North0200 17 On arc a
distance of 372.79 feet to the Point of Tongency:
distance of 110.00 het to the POINT OF BEGINNING. Said lands situate ,lying
and being in Broward County, Florida.
Subject to a 20 foot Utility and Drainage Eosement along oil boundaries, said
in Plot Book ofor 125. Pose 18.nce on boundries, also Public Records of Brawordwn 09 Countr Florida,
37* retarded
a,
Containing 14,258 Acres, more or less.
LOCATION MAP
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