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Home My WebLink AboutCity of Tamarac Ordinance O-2023-025Temp. Ord. No. 2544 October 25, 2023 Page 3 of 5 proposed First Amendment to the Amended and Restated Development Agreement for the Woodmont/Pulte development project; and WHEREAS, the City Commission finds that approval of the First Amendment to the Amended and Restated Development Agreement for the Woodmont/Pulte development project is in the best interest of the health, safety, and welfare of the citizens and residents of the City. NOW, THEREFORE, be it ORDAINED by the City Commission of the City of TAMARAC, Florida, as follows: Section 1. The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are incorporated herein by this reference. All exhibits attached hereto are incorporated herein and made a specific part of this Ordinance. Section 2. Pursuant to the Florida Local Government Development Agreement Act, Sections 163.3220 through 163.3243, Florida Statutes, the City Commission hereby approves the First Amendment to the Amended and Restated Development Agreement between the City of Tamarac, Pulte Home Corporation and Woodmont Country Club, Inc., which is attached hereto as Exhibit "A", and authorizes the appropriate city official(s) to execute the Amended and Restated Development Agreement. Section 3. The duration of the Development Agreement is hereby extended, nun pro tunc, for an additional one (1) year as prescribed by Paragraph 23 of the Development Agreement. Section 4. The City Clerk shall record a certified copy of this Ordinance and the First Amendment to the Amended and Restated Development Agreement in the Public Records of Broward County, Florida, at the expense of Pulte. CODING: Words in strike thmugh type are deletions from the existing law; Words in underscore type are additions. Temp. Ord. No. 2544 October 25, 2023 Page 4 of 5 Section 5. The City Commission hereby authorizes and directs the appropriate City Officials to do all things necessary and expedient to effectuate the intent of this Ordinance. Section 6. All Ordinances inconsistent or in conflict herewith shall be and are hereby repealed insofar as there is conflict or inconsistency. "The remainder of this page is left blank intentionally" CODING: Words in strike throug-li type are deletions from the existing law; Words in underscore type are additions. Instr# 119382845 , Page 1 of 6, Recorded 02/08/2024 at 02:24 PM Broward County Commission ,Return to: (enclose self-addressed stamped envelope) Name: Christina Bilenki, Esq. Address., Dunay, Miskel & Backman, LLP 14 S.E. 4'4 Street, Ste. 36 Boca Raton, Florida 3,1432 This. Instrument Prepared by: Christina Bilenki, Dunay, Miskel & Backman, LLP 14 S,,F,. 414 Street, Ste..36: pji+lw� 0 Ma Oil VKM171110 1510 9 A Iza'a 33 Iry V 04 11 owl 211001113 1 PRO VM�LOIM_33M THIS FIRST AMENDMENT TO THE AMENDED AND RESTATED DEVELOPMENT I er- AGREEMENT ("Amendment") is made and entered into this f .. ......... .... 4ay of ,2023. by and between WOODMONT COUNTRY CLUB, INC., a Florida corporation, with an address at 7901 N,W. 80" Avenue,, Tamarac, FL 33321, its heirs, successors, grantees and assigns ("developer"), and PULTE HOME COMPANY, LLC, a Michigan limited liability company., with an address at 3350 Peachtree Road Northeast, Suite 1500, Atlanta, GA 30326 ("Pulte") and the -CITY OF TAMARAC,, a municipal corporation of the State of Florida, with an -address at 7525 N.W. 8W' Avenue, Tamarac, Florida, 33321CCivy") (hereinafter collectively referred to as the "Parties"). WITNESSETH: WHEREAS, Pulte is the developer of the Residential Parcels, legally described on Exhibit 4.413" (the "Residential Parceie); and WHEREAS, Pulte, Developer and City entered into that certain Amended and Restated Instr# 119382845 , Page 2 of 6 14 Development Agreement on January I I 1h, 2017 ("Agreement"), with an Effective Date of March 9, 2017, which restricted development of the Residential, Parcels to one hundred fifty two. (152) single-family residential units; and WHEREAS, on April 26. 2017, the City Commission granted New Development Site Plan approval for Woodmont Phase III through Resolution R2017"43 to develop one hundred riflY -two (152) residential parcels, and on August 23, 2017, the City Commission subsequently approved Resolution R2017,92 to allow for the construction of additional architectural home styles ("Site Plan Approval.); and WHEREAS, Pulte has been developing the Residential Parcels in accordance with the Site Plan Approval and the Agreement and is working in good faith to, complete construction in accordance with the approvals; and WHEREAS, Paragraph 23 of the Agreement specifies the Agreement shall remain in full force and effect for a period of six (6): years from the Effective Date and the duration of the Agreement may be extended for additional one (1) year periods with the Parties' mutual written consent, or the mutual written consent of their successors in interest, in accordance with Section 163.3229 and Section 163.3225, Florida Statutes; and 'WHEREAS, Pulte now seeks to amend the Agreement to extend the Agreement for an . additional one (I) year period. .NOW, THEREFORE, for and in, consideration of mutual benefits and the public interest and other good and valuable considerations, the receipt and sufficiency- of; - which:ate hereby acknowledged, the Patties hereto agree as follows: I - Duration of the Agreement: The Agreement is hereby extended for an additional one (1) year period as prescribed by Paragraph 23 of the Agreement.. Instr# 119382845 , Page 3 of 6 Except to the extent modified herein and by the Agreement is hereby ratified and reaffirmed and shall remain in full force and effect against the Parties, their successors and assigns,, and the W= CITY: -1 oil WITNESS — PRfN*PNAME TA 0� -k 0110 ATTEST. Date: STATE OF FLORIDA ) ss; COUNTY OF BROWARD) and legal sufficiency: I HEREBY CERTIFY that on this day before me, an officer duty authorized in the State aforesaid and in the County aforesaid tQ take acknowledgments, the foregoing instrument was acknowledged before me by means of r/ physical presence or o online notarization, by Michelle Gomez, as Mayor of the City of Tamarac. a Florida municipal corporation, on behalf of the City, freely and voluntarily under authority duly vested in her by said municipal corporation and that the seat affixed thereto is the true corporate seal of sai d municipal corporation. She is personally known to me or has produced as identification. d WITNESS my hand and official seal in the County and State last aforesaid this 41y of 2024- 1 Instr# 119382845 , Page 4 of 6 raw .°ANN MA14E WRDOra PWJC = State offfo W A-1 �rq Comm, Esaires fee~ 21. 2025 Wood tvouv %Suorai sotm Assn. My Commission Expires: STATE OF FLORIDA ) ss. COUNTY 4F BROWAR.D) '�""f. � ^__ Notary Public, State of Florida Typed, printed or stamped name of Notary Public 1 HEREBY CERTIFY that on this day before me, an officer duly authorized in the Mate aforesaid and in the County afore -Ai to take acknowledgments, the foregoing instrument was acknowledged before me by2neans of d physical presence or o online notarization, by Levent 5ucuoglu as City Manager of the City of Tamarac, a Florida municipal carp+)ration, on behalf oftile City. freely and voluntarily under authority duly vested in her by said municipal corporation and that the seat axed thereto is the true corporate seal of said municipal corporation. She is personally known to me or has produced as identification. WITNESS my hand and official seal in the County and State last aforesaid this LAY of � t , "2f►L . ley Commission Expires; ..err. �. AWM Notary Prot k ,State of FWWa ar My Corm. Expires Feo 22, 2025 `"°'Bwdet t*auo t gloat +Wary Assn. Notary Public, State ofFlorida ANC Meat Gag -Do" Typed., printed or, stamped name of Notary Public Instr# 119382845 , Page 5 of 6 *21 fit rWre'OMA-M . FLORIDASTATE OF COUNTY F BR i► Pulte Home Company, LLC, a Michigan limited liability company By, 4 'rr:,rilii►r�lllll s I HEREBY CERTIFY that on this day, before me, an officer duty authorized in the State, aforesaid and in the County aforesaid to take acknowledgments, the foregoing instrument was 6 cknowledged before me by means of R-'physical presence or o online noiarization. by - 9S _, the A.CZ Q,-e5.,C*Cpf PULTE, f ly and voluntarily under authority I vea in him/her by said company. He/She is personally known to me or who has produce4 L-Casidentification WITNESS my hand and official sea] in th and State last aforesaid this �2� day otaryPublic 0 2 " • Typed, printed or stamped name of Notary Public My Commission Expires: Instr# 119382845 , Page 6 of 6, End of Document WITNESSES: Woodmont Country Club, Inc., a Florida Corporation By: Print Name; Title: STATE OF FVTD S: COUNTY Qt.�� . l I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the Stag aforesaid and in the County aforesaid to acknowledgments, the foregoing instrument was acknowledged before me y means of IVphysical presence or o online notarization, by Justin Schmidt, the Vice President of DEVELOPER, freely and voluntarily under authority duly vested i r er by said company, he is personally knower or who has produced as identification. WITNESS my !'4202Y ind and official sea 'n t ou and t to a o said this /+��+Tay off Notary Public Typed, printed or scam d name ofNeraffPublic My Commission Expires: Ys CELESTE K ORLINS Ex24, M4 *" �es. ans r