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HomeMy WebLinkAboutCity of Tamarac Resolution R-98-153April 21, 1998 - Temp. Reso. #8228 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-98- 153 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO GRANT THE WAIVER OF FEES REQUESTED BY ATTORNEY LAWRENCE M. KUPFER IN THE AMOUNT OF ONE -THOUSAND FIVE -HUNDRED ($1,500.00) DOLLARS FOR THE WOODMONT TRACT 53 VARIANCE PETITION (CASE NO. 4-B-98) FILED BY MR. AND MRS RICHARD NEMET OF 7860 NUTMEG WAY; CASE NO. 12-MI-98; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Community Development Department has received a request from Attorney Lawrence M. Kupfer for a waiver of fees in the amount of One -Thousand Five - Hundred ($1,500.00) Dollars on behalf of his clients, Mr. and Mrs. Richard Nemet of 7860 Nutmeg Way; and WHEREAS, the Community Development staff has determined that the permits were issued in error and that the setback violations which presently exist were in existence at the time of the original construction in 1978; and WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in the best interests of the citizens and residents of the City of Tamarac to authorize the appropriate City Officials to grant the Waiver of Fees requested by Attorney Lawrence M. Kupfer in the amount of One -Thousand Five -Hundred ($1,500.00) Dollars for the 1 April 21, 1998 - Temp. Reso. #8228 2 Woodmont Tract 53 Variance Petition (Case No. 4-B-98) filed by Mr. and Mrs. Richard Nemet of 7860 Nutmeg Way; Case No. 12-MI-98. 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 request to grant the Waiver of Fees requested by Attorney Lawrence M. Kupfer in the amount of One -Thousand Five -Hundred ($1,500.00) Dollars for the Woodmont Tract 53 Variance Petition (Case No. 4-B-98) filed by Mr. and Mrs. Richard Nemet of 7860 Nutmeg Way (attached hereto as Exhibit "A") is HEREBY APPROVED. SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. 1 April 21, 1998 - Temp. Reso. #8228 3 SECTION 5: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this ATTEST: CAROL GOO, CMC/AAE CITY CLERK I HEREBY CERTIFY that I hayl approved this RESQYLUTION as to form.. 11TCHELL S. KRAJ CITY ATTORNEY commdev\u:\pats\userdata\wpdata\res\8228reso o27 day of /t-(&q 11998. 1. % JOE SCHREIBER MAYOR RECORD OF COMM MAYOR SCHREIBER DIST 1: COMM. MCKAYE DIST 2: V/M MISHKIN DIST 3: COMM. SULTAN DIST 4: OMM. ROM VOTS CITY COMMISSION May 13, 1998 Waiver of Fees M C. 3 ` Ntrr City of Tamarac 7525 N.W. 881h Ave., Tamarac, Florida 33321-2401 Telephone: (954) 724-1292 Facsimile: (954) 724-2453 Jeffrey L. Miller Director munity Development Kupfer, Kupfer & Skolnick, Attorneys at Law 1700 University Drive ♦ Suite 110 Coral Springs, Florida 33071 Lawrence M. Kupfer Paul H. Kupfer Robert A. Skolnick May 20, 1998 Sent Via Fax #724-2453 and Regular U.S. Mail City of Tamarac Planning Department 7525 N.W. 88th Avenue Tamarac, FL 33321-2401 Attn: Mr. Jeffrey Miller, Director P.A. S0 i'.'' L i bs 1 10: 28 Telephone: (954) 755-3600 Telefax: (954) 755-4062 Re: Nemet Petition for Variance 7860 Nutmeg Way, Tamarac, FL 33321 Dear Mr. Miller: r In furtherance of our request for a waiver of filing fee for the variance previously granted by the City, I attach hereto a standard Title Insurance Policy Cover Jacket, indicating the standard exclusions from coverage, applicable to all Owners' Title Insurance Policies issued in the State of Florida. As you can see from paragraph 1(a), specifically excluded from coverage is any law, ordinance or governmental regulation (including, but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimension or location of any improvement now or hereafter erected on the land;.... Accordingly, Mr. and Mrs. Nemet's title insurance specifically excludes the type of problem for which they were petitioning the City of Tamarac. We hereby renew our request for a refund of the filing fee which this firm paid on behalf of Mr. and Mrs. Nemet to the City of Tamarac. I am enclosing herewith a copy of our check number 6231 in the amount of $1,500.00, dated March 3, 1998, and we request that the refund, if authorized by the City Commission, be made to this firm since we have advanced said sum on Mr. and Mrs. Nemet's behalf. Should you have any additional questions, please contact me. Very truly yours, KUPFE PFER S LNICK, P.A. R PFE� LMK:vg Enclosure: As started •_• �, .w 1 r w ,.e y 1 V V a ,-• I r-7 1 16— \! , e6"dhi-/elrp end "Mireelsoatel "fissure . psaaers • h.�twrveyors mirld aM aewehtetiee shote sriwysn . low.dsnMsrset amoth Rts • • SKETCH OF SURVEY FOR, filenvjpw . .,..., NOTE: Elevations shown hereon are ?Z based on 11.0.5. Morn Sep, level, Datum. 3 21 N Finish Floor = 13.22 feet. 4 /o S 9 I � 8 sG�E� r �3ni \ THE INFORMATION SHOWN ON THE 0ACHED SKEi� HREFLECTSONLYTHEC(NNDITIONSAND / IMp VEMENTS ON THE DATE OF THE SURVEY. •fir l�0 10.E 4 .0 B P o cB9 i3o�� CJ� �qo' '��`NA/bC'E 2lAA✓EM DESCRIPTION: �'► ��� Lot 1, WOODMONT TRACT 53, according to the Plat thereof, as recorded in Plat Book 95, Page 11, of the Public Records of Broward County, Florida. Said lands situate, lying and being in Broward County. Florida. 71111IMUiw11S Not 7AUQ wltmm TRW SICnmpt Ake I% ORII14AI RAISED SM 1 hereby CE"IFY thdt the etMahsd s4feh of survey of the drove deeeribed 9AMARIAL1CLI;1feStM:vkrePAND preloerty Is true sew esrrlea is the rest of my heorledle and relisf to tAk"n--. - -- -- surveyed under my direettea In ✓dNvARY /9V • BY: ra.LIAM tl. THOMPWN 1/.44A vARI'� L�7� I1alrTrea LAIN numeral de. none eArte, 1 Y1'eATe■ e.A /rr 11R1IIMelle "to ST e■ti '�� Mr- • M tar Calla - T71eMee11 w Anedeltite,laG �+e A► rerrerrMrawr �•� *or w"Wes, w to tie Irft o. rel.w srrpe "".q.+- .•�� 0 ow, set soo air, rrerfaNn . erae een rr aA Idw WOW arp. nd ferm"r, ao nlrmnlrr Is Mr Mter/u Is rwad of a' 11en10 ON eres 00a0n. ells fill"80" asOnM se osshd eel nnanns N tow- 4-0 eppwrMq 1411e rerltdlellu os OWN sere "" wr for nfr-M-op 014% I+NwMr ferrL .toll M0.76-00,;5 IMF'' N my Lia- sacm MT 1 K.M. � 1'd• /tLi tie. FATIC 524 Policy No. FA-35- 2 4 0 7 3 6 POLICY OF TITLE INSURANCE F .r A N1 F F •t• ISSUED BY First American Title.Insurance Company SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, FIRST AMERICAN TITLE INSURANCE COMPANY, a California corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in Schedule A, sustained or incurred by the insured by reason of: 1. Title to the estate or interest described in Schedule A being vested other than as stated therein; 2. Any defect in or lien or encumbrance on the title; 3. Unmarketability of the title; 4. Lack of a right of access to and from the land. The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title, as insured, but only to the extent provided in the Conditions and Stipulations. IN WITNESS WHEREOF, First American Title Insurance Company has caused its corporate seal to be hereunto affixed and these presents to be signed in facsimile under authority of its By -Laws. First American Title Insurance Company BY � PRESIDENT ATTEST SF;CRE7f1l2Y 4 ALTA Owner's Policy 00-17-92) (With Florida Modifications) °. ; EXCLUSIONS FROM COVERAGE e following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage. costs, attorneys' fees or expenses which arise reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limdcd to building and zoning laws, ordinances. or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use. or enjoyment of the land: (if) the character. dimensions or location of any Improvement now or hereafter erected on the land; (fill a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws. ordinances or governmental regulations. except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting file land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above. except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded to the public, records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded In the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens. encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, bill known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the dale the insured claimant became an insured under this policy: (e) resulting in no loss or damage to :he insured claimant: (d) attaching or created subsequent to Date of Policy: or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 4. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on. (i) the transaction creating the estate or interest insured by this policy being deemed a haudulent conveyance or fraudulent transfer: or (ii) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument of transfer: or (b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. 1. DEFINITION OF TERMS. The following terms when used in this policy mean: (a) "insured": the In named in Schedule A, All to any rights or defenses the Company old have had against the named insured, those who *teed to the interest of the named insured by opera- tion of law as distinguished from purchase including, but not limited to, heirs, distributees, devisees, survi- vors, personal representatives, next of kin, or corporate or fiduciary successors. (b) "insured claimant": an insured claiming loss or damage. (c) "knowledge" or "known": actual knowledge, not constructive knowledge or notice which may be imputed to an insured by reason of the public records as defined in this policy or any other records which impart constructive notice of matters affecting the land. (d) "land": the land described or referred to in Schedule A, and improvements affixed thereto which by law constitute real property. The term "land" does not include any property beyond the lines of the area described or referred to in Schedule A, nor any right, title, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways, but nothing herein shall modify or limit the extent to which a right of access to and from the land is insured by this policy. (e) "mortgage": mortgage, deed of trust, trust deed, or other security instrument. If) "public records": records established under state statutes at Date of Policy for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without knowl- edge. With respect to Section 1(a)(iv) of the Exclusions From Coverage, "public records" shall also include environmental protection liens filed in the records of the clerk of the United States district court for the district in which the land is located. (g) "unmarketability of the title": an alleged or rent matter affecting the title to the land, not or excepted from coverage, which would rded e a purchaser of the estate or interest described in Schedule A to be released from the obligation to pur- chase by virtue of a contractual condition requiring the delivery of marketable title. 2. CONTINUATION OF INSURANCE AFTER CONVEYANCE OF TITLE. The coverage of this policy shall continue in force as of Date of Policy in favor of an insured only so long CONDITIONS AND STIPULATIONS 5. PROOF OF LOSS OR DAMAGE. In addition to and after the notices required under Section 3 of these Conditions and Stipulations have been provided the Company, a proof of loss or damage signed and sworn to by the insured claimant shall be furnished to the Company within 90 days after the insured claimant shall ascertain the facts giving rise to the loss or damage. The proof of loss or damage shall describe the defect in, or lien or encumbrance on the title, or other matter insured against by this policy which constitutes the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. If the Company is prejudiced by the failure of the insured claimant to provide the required proof of loss or damage, the Company's obligations to the insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with re- gard to the matter or matters requiring such proof of loss or damage. In addition, the insured claimant may reasonably be required to submit to examination under oath by any authorized representative of the Company and shall produce for examination, inspection and copying, at such reasonable times and places as may be desig- nated by any authorized representative of the Company, all records, books, ledgers, checks, correspondence and memoranda, whether bearing a date before or after Date of Policy, which reasonably pertain to the loss or damage. Further, if requested by any authorized repre- sentative of the Company, the insured claimant shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect and copy all records, books, ledgers, checks, correspon- dence and memoranda in the custody or control of a third party, which reasonably pertain to the loss or damage. All information designated as confidential by the insured claimant provided to the Company pursu- ant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the insured claimant to submit for examination under oath, produce other reasonably requested information or grant permission to secure reasonably necessary information from third parties as required in this para- graph shall terminate any liability of the Companyunder this policy as to that claim. B. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS: TERMINATION OF LIABILITY. h, 'i -In nrinr 1hi_ . lip , #I. , r the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to the title as insured. (c) The Company shall not be liable for loss or damage to any insured for liability voluntarily assumed by the insured in settling any claim or suit without the prior written consent of the Company. 10. REDUCTION OF INSURANCE: REDUCTION OR TERMINATION OF LIABILITY. All payments under this policy, except payments made for costs, attorneys' fees and expenses, shall reduce the amount of the insurance pro tanto. 11. LIABILITY NONCUMULATIVE It Is expressly understood that the amount of insurance under this policy shall be reduced by any amount the Company may pay under any policy insur- ing a mortgage to which exception is taken in Schedule B or to which the insured has agreed, assumed, ortaken subject, or which is hereafter executed by an insured and which is a charge or lien on the estate or interest described or referred to in Schedule A, and the amount so paid shall be deemed a payment under this policy to the insured owner. 12. PAYMENT OF LOSS. (a) No payment shall be made without producing this policy for endorsement of the payment unless the policy has been lost or destroyed, in which case proof of loss or destruction shall be furnished to the satisfac- tion of the Company. (b) When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions and Stipulations, the loss or damage shall be payable within 30 days thereafter. 13. SUBROGATION UPON PAYMENT OR SETTLEMENT. (a) The Company's Right lkogatig0. Whenever the Company shall have settled and paid a claim under this policy, all right of subrogation shall vest in the Company unaffected by any act of the insured claimant. The Company shall be subrogated to and be en- titled to all rights and remedies which the insured claimant would have had against any person or prop- erty in respect to the claim had this policy not been issued. If requested by the Company, the insured LAW OFFICES G 2 31 KUPFER, KUPFER & SKOLNICK, P.A. SUNTRUST BANK OPERATING ACCOUNT SOUTH FLORIDA. N.A. 40 (954) 755-3600 CORAL SPRINGS, FL 33085 OR SPRINGS. DRIVE 83 &07/670 3 Mar 198 CORAL SPRINGS, FL 33071 PAY TO THE CITY OF TA,MA.RAC *** ORDER OF $ 1, BOO . OO One Thousand Five Hundred and Op/100***********************************DOLLARS MEMO 980010.01/NEMET/LMK I►* AUTHORIZED SIGNATURE lid 006 2 3 1n. I:06?006076i:06 150060 10448n' a SECURITY FEATURES INCLUDED. OF -TARS ON BACK. a LAW OFFICES KUPFER, KUPFER a SKOLNICK, P.A./OPERATING ACCOUNT 3 Mar 198 6231 CITY OF TAMARAC . 6010 1,500.00 �J OPERATING SUNTR 980010.01/NEMET/LMK I* a A ***1,500.00