HomeMy WebLinkAboutCity of Tamarac Resolution R-82-1611
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Introduced by C
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CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-82-//1
Temp. # 2286
A RESOLUTION APPROVING STIPULATION NUMBER 13
TO CASE NO. 72-11731 WITH F & R BUILDERS, INC.
AND AUTHORIZING APPROPRIATE CITY OFFICIALS TO
EXECUTE SAME; AND PROVIDING AN EFFECTIVE DATE.
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TAMARAC, FLORIDA:
SECTION 1: That Stipulation No. 13 to Case No. 72-11731
with F & R Builders, Inc., is hereby approved and accepted, a copy of
this document being attached hereto as Exhibit "A".
SECTION 2: That the appropriate City officials are
hereby authorized to execute this document on behalf of the City.
The City Attorney is authorized and instructed to submit this
Stipulation to the Court for approval.
SECTION 3: This Resolution shall become effective
immediately upon adoption.
PASSED, ADOPTED AND APPROVED this day of , 1982.
ATTEST:
ASSISTANT CITY CLERK.
I HEREBY CERTIFY that I have
approved the foa�m and correctness
of this Resolu�lion.
ATTO
i
WICE-MAYOR
RECORD OF COUNCIL VOTE
MAYOP6
DISTRICT 1:
DISTRICT 2:
DISTRICT 3:
DISTRICT 4:
No Text
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IN THE CIRCUIT COURT OF THE
SEVENTEENTH JUDICIAL CIRCUIT IN
AND FOR BROWARD COUNTY, FLORIDA
CASE NO. 72-11731
"J" WEISSING
LEADERSHIP HOUSING SYSTEMS, +
INC., and SIMON ZUNAMON, as
Trustee, +
Plaintiffs, +
VS.
THE CITY OF TAMARAC, a
municipal corporation,
Defendant.
+ STIPULATION NO. 13
COMES NOW, FAR BUILDERS, INC., a Florida corporation, its
successors and assigns, ("F&R") as a Plaintiff and as a successor in
interest to Plaintiff Simon Zunamon, as Trustee under the provisions of
that certain Trust Agreement dated December 1, 1972, and known as Trust
No. 101, by and through its undersigned counsel, and the CITY OF TAMARAC
("City") by and through its undersigned counsel, as directed and
authorized by the City Council of the City, and file this their
Stipulation Number 13 and agree and state as follows:
1. The purpose of this Stipulation Number 13 is to further
clarify and modify the rights and obligations of F&R and the City with
respect to the development of the real property described on Exhibits
"C", "D" and "E" of Stipulation Number 12 (herein referred to as the Real
Property). Except to the extent modified herein, all of the rights and
obligations of F&R, to develop the Real Property and all of the rights
and obligations of the City with respect to the development of the Real
Property shall remain unchanged and shall continue to be determined b t
he
Orders of the court enumerated in Paragraph 3 of Stipulation Number 9. y
2• One sentence in the form of a third paragraph shall be added to
the end of section 20 of Stipulation Number 9 (as amended by section 1
Stipulation Number 12) which shall rovid�a: of
City all rights, title or ownership i P F&R hereby transfers to the
p n the above -mentioned 140 unconstructed
dwelling units."
3. Attached hereto as Exhibit "A" is the Restrictive Covenant
referred to in section 20 of Stipulation Number 9 (as amended by section
Stipulation Number 12) a copy of which 7 of
shall be recorded in the Official
Records of Broward County.
4. F&R covenants to restrict itself, its successors and assigns for
the next ninety-nine (99) years in the use of the parcel described in
��E" of Stipulation Number 22 to those uses Exhibit
presently allowed in districts
zoned B-5 according to City Code Section 28-168 through Section 28-171.08
amended by Supplement No. 13 in January of 1982). Attached here (as
"B" is a Restrictive Covenant a � as Exhibit
COPY of which shall be recorded in the
Official Records of Broward County, which is intended to establish sh that
5. Both parties acknowledge a 9 tYpo9raphical error and amend the
legal description on sheet fl of Exhibit "D" to Stipulation Number 12
in part, on lines 21 and 22 should be. which,
"
distance of 239.05 feet . ," ' •thence S. 09° 18' 03" E., a
(instead of 329.05 feet).
6. The five percent (5%) referred to in subsection 4(a) of
Stipulation Number 12 is further defined as "five percent (5%
revenues derived from subscribers for service". ) of gross
7. F&R is the successor in title to Leadership Housing, Inc. and the present owner of the Real Property. is
2.
8. The parties agree that the Court may retain jurisdiction of
this Agreement to enforce any and all provisions contained in this
Stipulation.
IN WITNESS WHEREOF, the parties hereto have caused these presents
to be executed on the day and year indicated below.
law
ATTEST:
Signed., sealed and delivered in
the resence of:
t�
3.
CITY OF TAMARAC
By �
This
.2.�_day of ,1982
: 5on 0%, � ge"o-0,
r
Attorney .
811 N.W. 88th Aven reTamarac, Florida 33ZL//
305-722-5900
Th i s,22_day of 6��_0Z 91982
F&R BUILDER C.
By
At
g& BUILDERS, INC.
95 5 North Kendall Drive
Miami, Florida 3317
305-274-2500
This ;,�.,( day of _�,��.. ,1982
No Text