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
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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hereby repealed to the extent of such conflict.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.
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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
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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.
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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