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HomeMy WebLinkAboutCity of Tamarac Resolution R-2001-23911 [1 Temp. Reso. #9503 August 28, 2001 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2001-239 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO ACCEPT AND EXECUTE A SETTLEMENT AGREEMENT IN THE AMOUNT OF $57,500.00 WITH FIDEL GOMEZ FOR UNPAID GUARANTEED REVENUES FOR THE FAIRWAYS III, PHASE II PROJECT; LOCATED ON THE SOUTH SIDE OF LAGOS DE CAMPO BOULEVARD WEST OF NW 84T" TERRACE; AUTHORIZING THE CITY CLERK TO RECORD SAID AGREEMENT IN THE PUBLIC RECORDS OF BROWARD COUNTY; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, a Water and Sewer Developer's Agreement was executed on October 9, 1985, with Graystone Fairways Corp., for the Fairways III, Phase II Project, located on the south side of Lagos de Campo Boulevard west of NW 841" Terrace (a copy of which is attached hereto in map form as "Exhibit 1 "); and WHEREAS, the Developer reserved water and wastewater capacity for 20 ERC's water and 20 ERC's sewer through the Water and Sewer Developer's Agreement; and WHEREAS, the Water and Sewer Developer's Agreement required the payment of guaranteed revenue for all units covered under the Water and Sewer Developer's Agreement that were not constructed upon execution of the Water and Sewer Developer's Agreement; and Temp. Reso. #9503 August 28, 2001 2 WHEREAS, the project which was covered under the Water and Sewer Developer's Agreement was not constructed, nor were the required guaranteed revenues paid; and WHEREAS, the property was subsequently sold to Fidel Gomez, the current owner; WHEREAS, Fidel Gomez, the current owner, initiated a negotiation process with the City to resolve the issue of unpaid guaranteed revenue; and WHEREAS, Fidel Gomez has agreed to pay the City a sum of $57,500.00 to maintain the right to reserve 20 ERC's water and 20 ERC's sewer capacity for units not constructed but included in the Water and Sewer Developer's Agreement; and WHEREAS, in acceptance of Fidel Gomez's proposed settlement agreement, the City agrees to release him from any obligations to date resulting from the unpaid guaranteed revenue for units not constructed but included in the Water and Sewer Developer's Agreement; and WHEREAS, Fidel Gomez has executed an agreement for the Settlement of Unpaid Guaranteed Revenues (attached hereto as "Exhibit 2"); and WHEREAS, it is the recommendation of the Director of Utilities that the City Commission authorize the appropriate City Officials to accept and execute the proposed settlement agreement; and WHEREAS, the City Commission of the City of Tamarac, Florida, deems it to be in Temp. Reso. #9503 August 28, 2001 3 the best interest of the citizens and residents of the City of Tamarac to authorize the appropriate City Officials to accept and execute the proposed settlement agreement regarding unpaid guaranteed revenue from Fidel Gomez, current owner, for the Fairways III, Phase II Project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this resolution. SECTION 2: That the appropriate City Officials are hereby authorized to accept and execute a settlement agreement regarding unpaid guaranteed revenues from the Fairways III, Phase II Project, specifically accepting $57,500.00, maintaining the right of the current owner to the reserved 20 ERC's water and 20 ERC's sewer capacity for the units not constructed but included in the Water and Sewer Developer's Agreement, and the City releasing the current owner from any obligations to date resulting from this unpaid guaranteed revenue. SECTION 3: The City Clerk is hereby authorized and directed to record said document in the public records of Broward County. SECTION 4: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. 1 EXHIBIT 1 TEMP. RESO. 9503 > a 1 o+ 70 ST / / / TEXACO ¢w>Cri a Lj¢ ix DOM oA u mL_ hF MCNAB ROAD W W W70 ST ZLSozQ ODD -iz-4M1 uu o WQD TR72A w ¢ za ¢ w y� f W LIME THE GREENS W W LAKES BAY OF TAMARAC W" �W©❑IILANII W W v W W W W F SEC. I W COL. W. W SANDS P❑INT z Wfff W W W ��� W CLUB HOUSE W� /fffl W LC SITE f,1 , W RAL LOCATION > ❑LF W W W $d CA W� W W W W W W V LLAS W W W W W V dl� 3 R❑KEST W �' LAGOS .� APTS. ,� W u x x W W W W LAND SEC, ST W W W W W w W W W W W BOARDWALK APTS. �W.. FAIRWAYS 61 ST > PARADISE Ar CT Q 61 ST m Z PAR. DR ty- BOARDWALK APTS. 61 ST g 60 ST II ti PA Q %/ 59 PL 59 PL f f LJJ ¢ > 59 CT SUNSET w g ISLES r > 59 CT a PARADISE / j Z a J f. in MAINLANDN cn co ESTATES f r-i 0 f Co 59 ST m UNIT 13 59 ST CL 1 1 58 58 PL 1/ 58 P f>>ff LYONS <E(4 ¢ PL W 1 f /.'i% INDUSTRIAL /f o> F 3 ~ W > w f MAI L NDS, ¢ I w 58 CT PARK ff f w• /// 3 ^� r a r ff jf UN T cn 58 S Ct COD 58 ST ao �o ao m f/ems r 5 1 MARLEN 57 DR MAI 4LAI IDS U T�1 s'� > qV RE NAVE f 1 y1 PARK 57 LN r. ao 57 PL CD > 57 PL g 12 FAIR11 VE cn > Co g Co a CINNAMON TREE 876 57 CT 57 CT • PLAZA OFC1 57 ST NW 57TH ST SHELL w w a W z r ,Zz„ qz CHEVRON VLda- F = m CQ1Q Ql Ww WM CD WALGREENS H w in Fairways III_Phase II.DWG FAIRWAYS III PHASE II SETTLEMENT AGREEMENT Exhibit 2 CEMENT AGREEMENT WHEREAS, CITY OF TAMARAC FLORIDA UTILITIES DEPARTMENT, hereinafter referred to as (the "CITY"), and FIDEL GOMEZ, hereinafter referred to as ("GOMEZ") have agreed to certain terms and conditions as part of a proposal to settle all matters relating to that certain Water and Sewer Developer's Agreement, hereinafter referred to as ("WATER AGREEMENT") dated October 9, 1985 and recorded April 21, 1986 in Official Records Book 13339, at Page 592 of the Public Records of Broward County, Florida and executed by the CITY and Graystone Fairways Corp., hereinafter referred to as ("ORIGINAL DEVELOPER'), and to settle and obtain a release of that certain Claim of Lien, hereinafter referred to as (the "LIEN") recorded on May 29, 2001, in Official Records Book 31645, at Page 1542 of the Public Records of Broward County, Florida, which LIEN is to secure payment to the CITY of the guaranteed revenues pertaining to the WATER AGREEMENT which remain unpaid; and WHEREAS, the CITY and GOMEZ desire to resolve all disputes and claims arising from the WATER AGREEMENT AND LIEN and to settle in final form the payment of the guaranteed revenues and to bring current the WATER AGREEMENT; THEREFORE, in consideration for the mutual promises contained herein, it is hereby agreed as follows: 1. That the CITY hereby: (a) Agrees to release the LIEN and provide an original Satisfaction of Lien in recordable form which shall be recorded in the Public Records of Broward County, Florida and which releases the subject LIEN as recorded in Official Records Book 31645, at Page 1542, of the Public Records of Broward County, Florida. (b) Agrees to release any and all claims with respect to the LIEN and to the real property located at 8450 Lagos de Campo Blvd. Tamarac, Florida and legally described as: SEE EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN; and (c) Further agrees to accept as full payment of the guaranteed revenues on the WATER AGREEMENT the sum of $57,500.00 which includes principal payments good through September 30, 2001, and to forever waive and forgive all interest pertaining to said payment of the guaranteed revenues; (d) Agrees to withdraw any and all claims with respect to the payment due to the CITY on the guaranteed revenues of the WATER AGREEMENT and to forego any collection or judgment or any other legal recourse which the CITY may be entitled to pursue with respect to the WATER AGREEMENT which arose or could have arisen prior to September 30, 2001; (e) Agrees to retain and maintain the existing WATER AGREEMENT and to recognize GOMEZ as the current owner of the real property which is the subject of this Agreement, and to further recognize ROYAL GOLF CLUB, L.L.C. a Florida limited liability company, hereinafter referred to as ("NEW DEVELOPER") as the future developer of the real property and the future owner of the real property pursuant to the Purchase Contract executed between GOMEZ and NEW DEVELOPER dated December 1, 2000 which closing of title is scheduled to take place on or before September 28, 2001; (fl Further agrees to amend the WATER AGREEMENT to reflect an additional ERC for the property and to accept the AMENDED AGREEMENT in addition to the existing WATER AGREEMENT and to recognize the signature of NEW DEVELOPER as owner on that AMENDED AGREEMENT; (9) Agrees to recognize that an ASSIGNMENT OF WATER AGREEMENT is not necessary since the WATER AGREEMENT which has been recorded runs with the land and is not subject to assignment by owner, but rather it is inherent to the real 2 property and transfers automatically to the new owner by virtue of the recorded warranty deed of title. 2. That GOMEZ hereby: (a) Agrees to make payment to the CITY in the total sum of $57,500.00 by Cashier's Check or Certified Check by September 30, 2001 indicating payment in full of the guaranteed revenues which are applicable to the WATER AGREEMENT, 3. The CITY and GOMEZ acknowledge that they have been provided with an opportunity to read and to review this settlement agreement and that they have also been provided with an opportunity to consult and discuss the agreement with counsel of its/his choice prior to execution. 4. The CITY and GOMEZ acknowledge and confirm their acceptance of all the terms and conditions contained in this settlement agreement and that they were made in order to induce each party to make full settlement of the guaranteed revenues, the LIEN and the WATER AGREEMENT and AMENDED AGREEMENT which are the subject of this Agreement, and to resolve all pending disputes and/or claims as to the real property described on Exhibit "A" as it relates to the guaranteed revenues, the LIEN, the WATER AGREEMENT and AMENDED AGREEMENT. AGREED this day of AUGUST, 2001. Witnesses as to THE CITY OF TAMARAC: 3 CITY OF TAMARAC BY: Witnesses as to FIDEL GOMEZ FIDEL GOMEZ COUNTY OF BROWARD SS STATE OF FLORIDA I HEREBY CERTIFYthat this day, before me an officerduly authorized in the State and County aforesaid to take acknowledgments, personally appeared who produced as identification and who executed the foregoing instrument and acknowledged before me that (s)he executed the same. WITNESS my hand and official seal in the County and State last aforesaid this day of August, 2001. Notary Public - State of Florida Print Name: COUNTY OF MIAMI-DADE: SS STATE OF FLORIDA I HEREBY CERTIFY that this day, before me an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared FIDEL GOMEZ who produced as identification and who executed the foregoing instrument and acknowledged before me that he executed the same. WITNESS my hand and official seal in the County and State last aforesaid this day of August, 2001. Notary Public - State of Florida Print Name: .I a, the land referred 10 In this policy Is described as fallowr$: Parcel P of WOODLAND LAKES, according to ,the plat thereof, as recorded in Plat Book 71, at Page 18, of the Public, Records of Browsrd County, Florida. Replotted and also known as THE WEDGES OF TAMARAC, according to the Plat thereof, as recorded In plat Book 111, at Pape 23, of the Public Records of Broward County. FkMda. LESS AN-D EXCEPT that certain Declaration of FAIRWAYS OF TAIWARAC CONDOMINIUM III sacording to the Declaration thereof, as recorded in Official Records Book 10412, at page 52S, of the public Records of Browsrd County, Florida. AND LESS AND IXCEPT a portion of Parcel A and Parcel R, of THE WEDGES OF TAMARAC. occording to the plot thereof, as recorded in Plat Book 81, at Page 23, of the Public Records of 13roword County, Florida, Wng more particularly described as follow$: Commencing at the Southeast earner of acid Parcel A; thence North 81 degrees 21 minutes" seoorWs West along the Southerly boundry of said Parcel A and Parcel Fi, ■ distance of 557.93 feet; thence Nora, 66 degrees 25 minutes 00 seconds East, along the Northwesterly limits of Phllae I, an recorded In official Records Book 10419, at page 566, Of -the Public Records of Brvyrprd County, Florida, a diatance of *con feet, , the point of Beginning; thence North 08 degrees 12 minutes 18 **condo East, a distance of 22.20 feet; secondsthence North 78 degrees 18 minutes 54 East, a dig the of 49:0+ feet; thence South 24 degrees 20 minutes 20 seconds East, along the Westerly limits of said Phase 1, a distance of ll.75 feet; thence South lig degrees 25 minutes 00 seconds West, along the Northwesterly limits of said Phase 1, a distance of 59.79 feet to the Point of Beginning. TO-= VOL=, la YAtb oar K lCy�� e s A7'/AOIEO SETTLEMENT AGREEMENT WHEREAS, CITY OF TAMARAC, a municipal corporation of the State of Florida, hereinafter referred to as (the "CITY"), and FIDEL GOMEZ, hereinafter referred to as ("GOMEZ") have agreed to certain terms and conditions as part of a proposal to settle all matters relating to that certain Water and Sewer Developer's Agreement, hereinafter referred to as ("WATER AGREEMENT") dated October 9, 1985 and recorded April 21, 1986 in Official Records Book 13339, at Page 592 of the Public Records of Broward County, Florida and executed by the CITY and Graystone Fairways Corp., hereinafter referred to as ("ORIGINAL DEVELOPER"), and to settle and obtain a release of that certain Claim of Lien, hereinafter referred to as (the "LIEN") recorded on May 29, 2001, in Official Records Book 31645, at Page 1542 of the Public Records of Broward County, Florida, which LIEN is to secure payment to the CITY of the guaranteed revenues pertaining to the WATER AGREEMENT which remain unpaid; and WHEREAS, the CITY and GOMEZ desire to resolve all disputes and claims arising from the WATER AGREEMENT AND LIEN and to settle in final form the payment of the guaranteed revenues and to bring current the WATER AGREEMENT, THEREFORE, in consideration for the mutual promises contained herein, it is hereby agreed as follows: 1. That the CITY hereby: (a) Agrees to release the LIEN and provide an original Satisfaction of Lien in recordable form which shall be recorded in the Public Records of Broward County, Florida and which releases the subject LIEN as recorded in Official Records Book 31645, at Page 1542, of the Public Records of Broward County, Florida. (b) Agrees to release any and all claims with respect to the LIEN and ExHIBIIrt Limo Sep OC, 01 02: 32p LORENZO & _CAPU,A, P. n to the real property located at 8450 Lagos de Campo Blvd. Tamarac, Florida and legally described as: SEE EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN upon receipt of payment in the sum of $57,500.00; and (c) Further agrees to accept as full payment of the guaranteed revenues on the WATER AGREEMENT the sum of $57,500.00 which includes principal payments good through September 30, 2001, and to forever waive and forgive all interest pertaining to said payment of the guaranteed revenues; (d) Agrees to withdraw any and all claims with respect to the payment due to the CITY on the guaranteed revenues of the WATER AGREEMENT and to forego any collection or judgment or any other legal recourse which the CITY may be entitled to pursue with respect to the WATER AGREEMENT which arose or could have arisen prior to September 30, 2001 upon receipt of the payment in the sum of $57,500.00 ; (e) Agrees to retain and maintain the existing WATER AGREEMENT and to recognize GOMEZ as the current owner of the real property which is the subject of this Agreement, and to further recognize ROYAL GOLF CLUB, L.L.C. a Florida limited liability company, hereinafter referred to as ("FUTURE DEVELOPER") as the future developer of the real property subject to execution of all proper documentation with the CITY and with GOMEZ pursuant to the Purchase Contract executed between GOMEZ and FUTURE DEVELOPER dated December 1, 2000 which closing of title is scheduled to take place on or before September 26, 2001; {f) Further agrees to amend the WATER AGREEMENT to reflect an additional ERC for the property and to accept the AMENDED AGREEMENT in addition to the existing WATER AGREEMENT and to recognize the signature of NEW DEVELOPER as owner on that AMENDED AGREEMENT; 1►A Sep '00, 01 02:32p LOREN20 L. CRPUA, P.R. ---------------- 305-227-108E p.4 2 (a) That GOMEZ hereby: Agrees to make payment to the CITY in the total sum of $57,500.00 by Cashier's Check or Certified Check by September 30, 2001 indicating payment in full of the guaranteed revenues which are applicable to the WATER AGREEMENT; 3. The CITY and GOMEZ acknowledge that they have been provided with i an opportunity to read and to review this settlement agreement and that they have also been provided with an opportunity to consult and discuss the agreement with counsel of its/his choice prior to execution. 4. The CITY and GOMEZ acknowledge and confirm their acceptance of all the terms and conditions contained in this settlement agreement and that they were made in order to induce each party to make full settlement of the guaranteed revenues, the LIEN and the WATER AGREEMENT and AMENDED AGREEMENT which are the subject of this Agreement, and to resolve all pending disputes and/or claims as to the real property described on Exhibit "A" as it relates to the guaranteed revenues, the LIEN, the WATER AGREEMENT and AMENDED AGREEMENT, IN WITNESS WHEREOF, the parties have made and executed this Agreement on the respective dates under each signature. CITY OF TAMARAC, through its Mayor and authorized to execute the same. CITY OF TAMARAC kJS4chreiber, ayor Date: oZ/12 duly : Sep .06 01 02: 33p LORENZO L- iCAPOA, P.A. 305--227-1006 p.5 ATTEST: Marion Swenson, CIVIC City Clerk Date: I L,2-1 0l Signed in the Presence of: Signatur of Witness: Printed Wit ess Name: COUNTY OF BROWARD SS : STATE OF FLORIDA Jeffrey . filler, City Manager Date: Q- 4 -Q as to form a9d legal tchell S. Kraft,/Qity Attorney FA Gomez I HEREBY CERTIFY that this day, before me an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared Joe Schreiber, as Mayor of the City of Tamarac Jeffrey L. Miller, as Manager of the City of Tarnarac, Marion Swenson CIVIC, as Clerk of the City of Tamarac, and Mitchell S. Kraft, Esquire as City Attorney of the city of Tamarac who produced [VIA as identification or who are personally known, and who execute_d the foregoing instrument and acknowledged before me that they executed the same. WITNESS my hand and official seal in the County and State last aforesaid this day of September, 2001. DAWN M. LESNIAKOWSKI Notary Public - State of Florida colWwSSlONctveslve Print Name: j")n MADWMAM WARY 1-�'Sh iGt�o�r�5 L, 4 Sep OG- 01 ❑C : 34p LORENZO & ,CWPU,A, COUNTY OF FROWARD: SS STATE OF FLORIDA I HEREBY CERTIFY that this day, before me an officer eared � DEL GOMEZ who produced Co my afo�esaid t4 take a knowledgments, personally appeared as identification or who is personally known and who executed the foregoing instrument and acknowledged before me that he executed the same. y WITNESS m hand and official seal in the County and State last aforesaid this day of September, 2001. L Notary Publi - State Mof Florida M, irnM AEaw[, Print Name: No7ARXPUBLIC SfA of FLoRIDA COMMI5510N ]vO CC688& MX CQMMISSiON g EXr OCT, ] 4 210 (1