HomeMy WebLinkAboutCity of Tamarac Ordinance O-2024-007 1
SECOND AMENDMENT TO AMENDED & RESTATED DEVELOPMENT
AGREEMENT
THIS SECOND AMENDMENT TO THE AMENDED AND RESTATED
DEVELOPMENT AGREEMENT ("Amendment") is made and entered into this day of
_________, 2024, by and between WOODMONT COUNTRY CLUB, INC., a Florida
corporation, with an address at 7801 N.W. 80th 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. 88th Avenue, Tamarac, Florida, 33321("City") (hereinafter
collectively referred to as the “Parties”).
WITNESSETH:
WHEREAS, Pulte, Developer, and City entered into that certain Amended and Restated
Development Agreement on January 11th, 2017 (“Agreement”), with an Effective Date of March
9, 2017, which restricted development of the Residential Parcels to one hundred fifty-two (152)
Return to: (enclose self-addressed stamped envelope)
Name: Justin B. Schmidt, Esq.
Address:
Woodmont Country Club
7801 NW 80th Avenue
Tamarac, FL 33321
This Instrument Prepared by:
Justin B. Schmidt, Esq.
SPACE ABOVE THIS LINE FOR PROCESSING DATA SPACE ABOVE THIS LINE FOR PROCESSING DATA
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single-family residential units; 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, on November 8, 2023, the City Commission approved the First Amendment
to Agreement to March 9, 2024; (Temporary Ordinance TO 2544); and
WHEREAS, Developer now seeks an Amendment to the Agreement to extend the
Agreement for an additional one (1) year period through March 9, 2025;
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 are hereby
acknowledged, the Parties hereto agree as follows:
1. Duration of the Agreement: The Agreement is hereby extended for an additional
one (1) year period as prescribed by Paragraph 23 of the Agreement.
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
Property.
Signatures on the Following Page
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IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of the date first
above set forth.
CITY:
_____________________________ ____________________________________
Michelle Gomez, Mayor
_____________________________
WITNESS – PRINT NAME ____________________________________
Date:
_____________________________ ____________________________________
Levent Sucuoglu, City Manager
_____________________________
WITNESS – PRINT NAME ____________________________________
Date:
ATTEST:
Approved as to form and legal sufficiency:
_____________________________
Kimberly Dillon ____________________________________
City Clerk Hans Ottinot, City Attorney
_____________________________ ____________________________________
Date: Date:
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, the foregoing instrument was acknowledged
before me by means of □ physical presence or □ 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 seal
affixed 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 day of
_______________, 2024.
Notary Public, State of Florida
My Commission Expires: Typed, printed or stamped name of Notary
Public
STATE OF FLORIDA )
4
) 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, the foregoing instrument was acknowledged
before me by means of □ physical presence or □ online notarization, by Levent Sucuoglu as City
Manager 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 seal
affixed 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 day of
_______________, 2024.
Notary Public, State of Florida
My Commission Expires: Typed, printed or stamped name of Notary
Public
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PULTE:
Pulte Home Company, LLC, a Michigan
limited liability company
By:
WITNESSES:
____________________________ By:
Print name:___________________ Print Name:
____________________________ Title: _______________________________
Print name:___________________
________ day of _____________, 2024
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, the foregoing instrument was
acknowledged before me by means of □ physical presence or □ online notarization, by , the of PULTE, freely and voluntarily under authority
duly vested in him/her by said company. He/She is personally known to me or who has produced
_______________ as identification.
WITNESS my hand and official seal in the County and State last aforesaid this ____ day
of ________________, 2024.
__________________________________________
Notary Public
__________________________________________
Typed, printed or stamped name of Notary Public
My Commission Expires:
DEVELOPER:
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Woodmont Country Club, Inc., a Florida
Corporation
WITNESSES:
____________________________ By:
Print name:___________________ Print Name:
____________________________ Title: _______________________________
Print name:___________________
________ day of _____________, 2024
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, the foregoing instrument was
acknowledged before me by means of □ physical presence or □ online notarization, by Justin
Schmidt, the Vice President of DEVELOPER, freely and voluntarily under authority duly vested
in him/her by said company. He/She is personally known to me or who has produced
_______________ as identification.
WITNESS my hand and official seal in the County and State last aforesaid this ____ day
of ________________, 2024.
__________________________________________
Notary Public
__________________________________________
Typed, printed or stamped name of Notary Public
My Commission Expires: