HomeMy WebLinkAboutCity of Tamarac Resolution R-82-138Introduced by C/M Disraelly
Temp. Reso # ,g / "
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CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R- 82-138
A RESOLUTION APPROVING AN AGREEMENT WITH
CRESTMARK CORPORATION PERTAINING TO WATER
AND SEWER PAYMENTS; AND PROVIDING AN EFFEC-
TIVE DATE.
WHEREAS, the Developer of Banyan Lakes, Crestmark Corporation, has been
undercharged for several connection charges and has also failed to pay certain
other interest and Guaranteed Revenues charges; and
WHEREAS, the Developer has requested that the City of Tamarac approve a
proposal for the payment of these charges; and
WHEREAS, the City Council has considered this Agreement and finds it to be
in the best interests of the welfare of the City.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF TAMARAC,
FLORIDA, AS FOLLOWS:
SECTION 1: The Agreement dated the 12th day of May , 1982 between
Crestmark Corporation and the City of Tamarac is hereby approved and the appro-
priate officials of the City are hereby authorized to execute the Agreement on
behalf of the City.
SECTION 2: This Resolution shall become effective immediately upon its
passage.
PASSED, ADOPTED AND APPROVED this 12th day of May , 1982.
ATTEST:
I HEREBY CERTIFY that I have
approved the form and correctness
of this RESOLUTION.
32 CI 1 T_ ATTORI�IEY�
33
3^,
35
36
RECORD Of COUNCIL VOTE
MAYOR: 42�� 9-.-
DISTRICT l:
DISTRICT 2-
DISTRICT 3:
DISTRICT 4:
EXf11F 1 i'4
r-8a-13b
AMENDMENT AGREEMENT
THIS AGREEMENT made this /g _ day ofk , 1982 by and
between CRESTMARK CORPORATION, Developer of Banyan Lakes, 6040 Bailey
Road, Tamarac, Florida, hereinafter called "Developer", and the City o
Tamarac, a municipal corporation of the State of Florida, hereinafter
called "City":
V I T N E S S E T N:
WHEREAS, the parties entered into three Developer Agreements and
Addendums thereto as follows:
1. An original Agreement dated April 11, 1979 for fifty ERCs;
2. An original Agreement dated October 20, 1980 for seventy-six
ERC s'
3. An original Agreement dated July 8, 1981 for seventy-two
ERCs; and
WHEREAS, the Developer is in default with respect to provisions
in the Agreements listed as (2) and (3) above; and
WHEREAS, the Developer has petitioned the City for relief from
default and amendment of the aforementioned Developer Agreements:
NOW, THEREFORE, BE IT HEREBY AGREED AS FOLLOWS:
1. That' the Developer acknowledges to be in default on interest
payable in the amount of $15,917.88 (copies of the computations are
attached hereto as Exhibits A and B). The Developer agrees upon execution
of this Agreement to pay said sum to the City of Tamarac. Further
Developer agrees to pay the monthly interest charge on 102•ERCs as it is
accrued and as it is billed by the Finance Department of the City of
Tamarac.
2. A. Developer agrees that it is in default in the payment of
Guaranteed Revenues pursuant to the Agreements and acknowledges that the
sum due is $759.54. A copy of the computation is attached hereto as
Exhibit "C".
8. The City agrees that with respect to the Developer Agreement
dated July 8, 1981 (more particularly Paragraph K(4)), it will extend the
time for paying the balance of the Contribution Charges for not less than
25% of the Units, to July 8, 1983, and extend the time for the payment of
the balance of the Reserved Units to July 8, 1984. In no event, however,
does the City waive the right to Guaranteed Revenues with respect to the
Reserved ERCs; and the Developer agrees to make payments of the Guaranteed
Revenues as provided for in the Agreement. For example, Guaranteed
Revenues on the Reserved Units shall be due and payable no later than July
8, 1983.
9. Developer agrees that notwithstanding anything in the
Developer Agreements to the contrary, that obligations established by the
Developer Agreements and by this Agreement shall be a lien upon the lands
which are the subject of the Agreements, and any one taking title to the
land does so subject to these obligations. The Developer agrees that the
Developer Agreements and this Agreement may be recorded in the Public
Records of Broward County.
10. There is attached hereto as Exhibit "E" the legal description
for Phase III of Banyan Lakes, which description covers undeveloped lands
owned by the Developer and which are unencumbered by prior liens, and the
Developer agrees that these premises shall stand as security for the
payment of the obligations under this Agreement.
11. Developer agrees that the obligations of the Developer
Agreements and of this Amendment Agreement may be enforced by the City of
Tamarac in the same manner as a Mechanics Lien pursuant to the Mechanics
Lien Law of the State of Florida.
12. Developer agrees that the obligations of the Developer
Agreements and this Amendment there to may be enforced by the City of
Tamarac by adding any obligation due hereunder to the Real Property Tax
obligation of the Developer.
13. Developer agrees that any of the remedies set forth above may
be enforced separately or cumulatively.
3.
14. The parties agree that in all other respects the Developer
Agreements which are the subject of this Amendment are hereby confirmed in
their entirety.
IN WITNESS WHEREOF, the parties hereto have caused these presents
to be executed on the day and year first hereinabove written.
ATTEST:
ML i WA MM�i
j. I •, 0
ATTEST:
Man
OMIKM
CITY OF TAMARAC
By
ThisrYOR
y of ,1982le
MA
�.r.Mr-&-.41
DEVELOPER
By:
President
4.
r
STATE OF FLORIDA )
) SS:
COUNTY OF BROWARD )
I HEREBY CERTIFY that on this day, before me, an officer duly
authorized in the State and ount)afor a d o take acknowledgements,
GcJ to me known and
personally appearednstrument, and he
known to me to be the person who execu orego ng
acknowledged before me that he executed the same.
WITNESSAF,--i5
hand �Q official seal in the State and County last
aforesaid, this�9 •
vy Commission Expires:
�Y ELsma STA7E OF FLORIR 1 I
ri
pVJdl�S101`I AL
E.VIO.. APR 2l 984
REl1 . fit.:-o,,"ITMS
STATE OF FLORIDA )
) SS:
COUNTY OF BROWARD )
I HEREBY CERTIFY that on this day, before me, an officer duly
authorized in the pSt:peand County of r s d to take acknowledgements,
personally appeared , to me known and
known to me to be the person wno,,plecuted the foregoing 1 nstrument, and he
acknowledged before me that he i<ecuted the same.
WITNESS hand and> off ci al seal in the State and County last
aforesaid, this •
EU9Ll_a STATE OF FLORIDAVTMEPUBLIU, b AIL OF FLUI
ry Commission Expirft:CD' MI�slON EXE1115 A?,R 211984
ZQ V U CWRAC INIS, Ur:�:�'•:'. ?TfRS
STATE OF FLORIDA*'., )
) SS:
COUNTY OF BROWARD )
I HEREBY CERTIFY that on this day, before me, an officer duly
authorized in the State and County aforesaid to take acknowledgements,
personally appeared Raymond J. Bruscino of CRESTMARK CORP..; well known to
me to be the President of CRESTMARK CORP., who acknowledged before me that
he executed the same as the act and'deed for the said Corporation for the
uses and purposes therein expressed.
WITNESS my hand -and official seal in the State and County last
aforesaid, this //i d'�•
t1y commission expires:
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1jl::;c'k1I'll Ion:
BANYAN LAKES PHASE III
All of Parcel "A" of "Banyan Lakes" according to the Plat thereof,
as recorded in Plat Dook 102, Page 18 of the Public Records of
brow.trd County, Florida, less the following described Parcel:
Iivajinninq sit the Northeast corner of said "Banyan J.akos"= thence
N. *90 02' 02" W, alonq the North line of said "Banyan Lakes", a
distance of 869.44 feet to Lite MaNterly right of way of N. W.
to l►+t Avent►el ther►c a R. 44e 21' 58" W. a distaneu of 35.4E feet;
themco S. Oo Ot,' 02" E. continuing along said Easterly right of
way line, a distance of 976.33 feet= thence S. 810 00' 00" E,
is distant, of 94.63 feet; thence N. 1890 53' 58" F., a distance
of 52.43 feet to in intersection with the are of as circular
curve to the right, having a radius of 108.00 feet :and whose
radius bears S. 010 22' 24" W. from the last described point;
thence Southarly along the arc of said curve having a central
angle of 270 30' 14", an arc distance of 51.84 feet; thence
N. 640 23. 53" E, a distance of 137.76 feet to a point of curve;
thence Easterly along the are of a circular curve to the left,
i►.,vinct a radius of 287.00 feet, a central ancjlu of 380 00, 13"0
:,tt -are distance of 190.36 feet to as point of reverse curve;
t 1►tsr►ev c:c»►t inue Easterly along Lhe are of a ei rcular curve to
the riyl►t having a radius of 73.00 feet, it central angle of
47e 3t,' 20", an arc distance of 60.G5 feet to a point of tan-
gency; thence S. 660 00' 00" E, a distance of 123.62 feet to
a point of curve= thence Easterly along the urc of a circular
curve to the right, having a radius of 118.Q0 feet, a central
angle of 410 59' 43", an arc distance of 86.49 feet; thence
N. 400 09' 30" E, a distance of 44.61 feet,'to a point of
curve; thence Northerly along the arc of a circular curve to
the left, having a radius of 79.00 feet, a central angle of
19c► 14' 06", an are distance of 26.52 feet; thence N. 890
53' Se" E, a distance of 148.53 feet to an intersection with
the Fast line of said "Banyan Lakes"; thence N. 00 06' 02" W,
along the east line, a distance of 928.61 feet to the Point of
beginning.
Said lands situate..in 8roward County, Florida.
Contatntng 10.06 acres, more or less.
CERTIFICATION:
T do hereby certify.to the Bank
of Coral Springs, 'that the above legal description and acreage
computation is true and correct to the best of my knowledge and
belief.
Acreage added 6-18-80
Certification Revised:
6-24-80
ors W. Cau fie d,PL.S
Registered Land Surveyo 01930
State of Florida
_�� EXHIBIT "E"