HomeMy WebLinkAboutCity of Tamarac Resolution R-85-384"
Introduced by:_P
Temp. Reso #3843
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CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-85-
A RESOLUTION APPROVING STIPULATION 26,
PURSUANT TO CASE NO, 72-11731-CZ (WEISSING),
BETWEEN PINE ISLAND - OXFORD LIMITED PART-
NERSHIP AND THE CITY OF TAMARAC; AND PROVI-
DING AN EFFECTIVE DATE
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF TAMARAC, FLORIDA:
SECTION 1: That Stipulation 26, pursuant to Case No.
72-11731-CZ (Weissing), between Pine Island - Oxford Limited'Part-
nership and the City of Tamarac is hereby approved.
SECTION 2: This Resolution shall become effective immedi-
ately upon passage. ��jj��,,,,.s__
PASSED, ADOPTED AND APPROVED this J day of 24 1985.
i
ATTEST:
CITY CtERK - -
I HEREBY CERTIFY THAT I have
approved the f and correct-
ness of this OLUTION. RECORD OF COUNCIL VOTE
MAYOR: KR
(5111Y AT ORNEY DIST 4: C/�! STEIN
DIST 3 :
DIST 2: f>'6��
DIST 1: V fl� 6�d�SSAIO
IN THE CIRCUIT COT11RT (F TxF SEVFVTPrNTH
•-rr.:-r. r� r CTT)I-T7Tm np VT nl7IDT ` T"T AND FOR
BROWARD COUNTY, FLORIDA.
CASE NO. 72-11731 CZ
LEADERSHIP HOUSING SYSTEMS,
INC.-and Simon Zunamon, as
Trustee
Plaintiffs,
vs: STIPULATION NO.
THE CITY OF TAMARAC, a .
municipal corporation,
Defendant.
IT IS HEREBY STIPULATED by and between counsel for
Pine Island - Oxford Limited Partnership and Counsel for the
City of Tamarac, Florida:
1. Pine island - Oxford Limited Partnership is the
record owner of that certain parcel of land containing approxi-
mately 38.07 acres (more or less) located in the City of Tamarac,
Broward County, Florida, and being more particularly described
on Exhibit "A" attached hereto and made a part hereof.
2. The property which is the subject of this Stipula-
tion consists of the Bishop Tract 31 Plat and the Bishop Tract
26 Plat, recorded in Plat Book 120, Page 29 and Plat Book 120,
Page 23, respectively, and is the subject of a Final Judgment
approving the Stipulation between Robert J. Bishop, Trustee
and the City of Tamarac, said Final Judgment dated July 5, 1978.
3.
Concurrently with
the
approval
of the
Bishop
Tract 31 Plat
and the Bishop Tract
26
Plat, Pine
Island -
Oxford
Limited Partnership's predecessor in title, Justus Homes or
Florida, entered into Development Agreements with the City of
Tamarac, a copy of which are attached hereto and made a part
hereof as Exibit "B" and Exhibit "C", respectively.
4. Pine island - Oxford Limited Partnership has
submitted a Final Site Plan to the City of Tamarac, more commonly
referred to as the Hidden Harbour Final Site Plan, for the con-
struction of Three Hundred Sixty -Eight (368) multi -family units
on the propG� �1 ...._ . rip., ,aczon, and
r
the City Council of the City of Tamarac has reviewed and approved
said Hidden Harbour Final Site Plan, !subject to the terms of
this Stipulation.
5. The parties to this Stipulation have agreed that
except as otherwise specifically provided in the Final Judgment,
dated July 5, 1978, the Development Agreements relating to Tract
31 and Tract 26, dated March 1, 1984, and in this Stipulation,
the development of the subject property shall be in accordance
with the Code of Ordinances of the City of Tamarac in effect
upon the date of the execution of this Stipulation, or as sub-
sequently amended.
6. The parties to this Stipulation agree that pursuant
to Paragraph 8 D., of the previous Stipulation, approved by
the Final Judgment dated July 5, 1978, the canals or lakes,
as depicted on the Hidden Harbour Final Site Plan, may be devel-
oped without the providing of seawalls, but the parties to this
Stipulation further agree that that portion of the recreational
area, as depicted on the Hidden Harbour Final Site Plan, providing
for the construction of a club house and pool facility adjacent
to the canal or lake to be conveyed to the City, may be con-
structed at the location as depicted in the Final Site Plan
without regard to setback requirements, provided that a seawall
is constructed in accordance with City specifications at the
location as depicted on the Final Site Plan.
7. The parties to this Stipulation agree that the
canals to be constructed as depicted on the Hidden Harbour Final
Site Plan, shall be conveyed to the City by deed upon the com-
pletion of such canal improvements.
B. The parties to this Stipulation agree that by
the execution of this Stipulation it is the intention of the
parties that the future development of the subject property
shall be in accordance with the Hidden Harbour Final Site Plan,
OPC
l�
approved concurrently herewith and incorporated herein by refer-
ence, which development shall:occur. -in accorz' - :-
of Ordinances of the City of Tamarac, as from time to time
.amended, unless otherwise provided in this Stipulation, the
Final Judgment dated July 5, 1978, and the Development Agreements
dated March 1, 1984.
9. The parties to this Stipulation agree that to
the extent the provisions of this Stipulation are inconsistent
with the provisions of the Final Judgment dated July 5, 1978,
the provisions of this Stipulation shall control.
10. The parties further agree that this Court shall
enter a Final Order incorporating the terms of this Stipulation,
and do further stipulate that the Court shall retain jurisdiction
of the parties hereto, and their successors in interest, and
the subject matter of this Stipulation, for purposes of enforce-
ment of its Final Order entered pursuant to this Stipulation.
DATED, This ( day of r1985.
PINE ISLAND - OXFORD LIMITED PARTNER-
SHIP, a Maryland Limited Partnership
By: OXFORD INVESTMENT CORD TION,
a Maryland cor oration,
General _Par, ,n /
MWA
FF
' Cfi MATI ifj�
LDW
Senior
THE CITY OF TAMARAC,
a municipal corporation
Attest: By:
� J
City ClOrk By:
App ve L
City-Actor ey
-3-
•
EXH/B/ T • A
EXH/B/T� A
fps
EXHIBIT A
pfp CEL 1: - -
rortlan o! 7LORIDA FRUIT L/.liDS COMP/m SM1V1SIOH HD. 20, of Sec -
%ion S. Township o south. xange 41 East. as recorded is t1:: 300lr.
Page 102. p; the )Public lecords a! Tale; Scatb County, Florid. brin�� -
More, rar ticularly oescr;ibed as"fo.lio•+s: -
CC:r15HCi;:C at the scutheast corner of • said Section 5;
North 00010405" ices:. along the last line of sail Section 5, a Cis::r,rt w :
of 3518.14 frat; TH_:1C! );o.th 321600'09" vest. a distance of 1B12.01
fee:, said point btin= oa rile westerly righ:—o;_.ay line of ]:o::LweSt
EE th 4venuc, as recorded in O.r. 'Look 4747, Page 233, of the public
Records of 3ra_ard Coun:j, Tlorid_, said poir.. beinj further described '
as bein; the Point of 3e;.nning of this "description-, in=HC_ Continue i
North 31`00'05" west, a distance of 847.66 fee:; 7-hi1iC= _
No.th 03`32602" Last. a distance of 775.27. feet; T1i2:MC- -
Sou.n 71'17'23" Sas.. a distance of 546.31 feet. -the -last two des4rlbec
courses being ccincidemt with the +asteriy anr4.L SoutheriJ r.4 _ar_,;iy
of that cc -.:air, eca:.l as retarded in O.?.. Book 64509 'age 6$S, of the
Public Accords o! 3=ward County. llorica; THENCE Soutb' 13`56'57" West.
a dlstanct of 446.66 feet; aHCNC= South n0'43.43" East. a distance o:-
406.04 feet to a point oa the arc of a circular curve• %* the Left. `
whose radius point bears Sou:b 91'37.43" Last. from the -last described
pain.; W.-- tCZ Southerly along the arc of said . curve, barring a radius
of 2106.00 feet. ar arc distance of 233.82 feet to the point of
5eglnning, the last described course bein,; coincident with the stir
Westerly ri;h:.-of-way line of NO&-thwitst. 5$tb Avenue. -
Said lands situate, 271c; tad beio« ia-Lrowa:d County, Flarica. -
-Cuntzining 20.24 acrer., sore or ltss:
Rev. 2/;: -/ ? n-
EXHIBIT B
THIS AGREEMENT entered into by and between CITY OF
TAMARAC, a municipal corporation of the State or Florida,
hereinafter referred to as "CITY►" and JUSTUS HOMES, INC. OF
FLORIDA, a Florida corporation, hereinafter referred to as
'DEVELOPER." '
W I T N E 5 S E T$
In consideration of the mutual covenants and conditions
herein contained and other good and valuable consideration
which the parties herein acknowledge, the parties agree as
follows:
1. STAIEMENT QZ F&CZ DEVELOPER is the owner of
certain real property located within the CITY OF TAMARAC,
Broward County, Florida described on Exhibit "A" attached
hereto. The DEVELOPER has pending before the CITY a plat in
final form for the real property described upon Exhibit 'A"
known as Bishop Tract 31, and hereinafter referred to as
•Tract 31."
The CITY OF TAMARAC has. enacted an Ordinance
No. 29-47, as amended by Ordinance No. 80-26 (located at
24-28.1 of the City Code), which requires on --site storm water
retention for purposes of assisting in drainage for TRACT 311
in the approximate amount of five percent (5%) of the area
reflected by the plat of TRACT 31.
The CITY OF TAMARAC has also enacted Ordinance
No. 0-76-56 pertaining to the dedication of land for local
park and recreational purposes.
The CITY desires traffic signalixation at N.W. 88th
Avenue and N.W. 77th Street, Tamarac, Broward County, Flo-
rida.
2. PAYMENTS -
A. With respect to the retention areas the DEVEL--.
OPER agrees to:
Pay a retention fee of $36,977.00 required by
the CITY'OF TAMARAC based on ONE THOUSAND SEVEN HUNDRED FIFTY
DOLLARS ($1,750.00) per acre for the 21.1297 acres contained
within the plat of TRACT 31 as approved by the CITY OF
TAMARAC, provided however that if a site plan containing an
adequate design for storm water retention is approved by the
CITY OF TAMARAC, in accordance with its rules, ordinances and
regulations, for TRACT 31, the monies paid by the DEVELOPER
for retention fees shall be returned by the CITY to the
DEVELOPER forthwith. No interest on this fee shall be owed
by the CITY.
B. In addition to the retention fees herein des-
cribed, the DEVELOPER further agrees to pay to the CITY OF
TAMARAC at the time the plat for TRACT 31 has been approved
by the CITY the sum of TWO THOUSAND SEVEN HUNDRED FORTY-SEVEN
DOLLARS ($2,747) for drainage improvements as required by
Ordinance 79-47, as amended, calculated at a rate of $130 per
acre. This fee is non-refundable if plat is aproved by the
Broward County Commission.
3. The DEVELOPER agrees to pay
to the CITY at the time the CITY approves the plat for
TRACT 31 monies for local parks and recreation in the amount
of SIXTY THREE THOUSAND THREE HUNDRED EIGHTY NINE DOLLARS
($63,389.00). These sums represent the DEVELOPER's fair
share of payments toward local parks and recreation needs of
the CITY as mandated by the stipulated order signed July 14
and 18, 1976 in the case of Leadership Housing Systems, Inc.
vs. City of Tamarac, Case 72-11731 filed in Broward Circuit
Court.
1
4. OFF SITE IMPROVEMENT . The DEVELOPER, at its
expense, agrees to construct the road and related improve-
,�., c5 "Cont to the plat of TRACT 31,
including sidewalk improvements, turning lanes and bus lanes,
all in accordance with plans approved by Broward county ai,u
the CITY OF TAMA.R.AC, such improvements being necessary to
,satisfy the requirements of the DEVELOPER pursuant to
Article IX of Chapter 5 of the Broward County Code and as
required by the CITY OF TAMARAC Code or applicable ordi-
nances. The costs of such improvements as estimated by the
Broward County Engineering Division are as follows:
TRACT_31
Right Turn Lane $7,500.00
Left Turn sane (88 Ave. Median) 8,250.00
Sidewalks 5,300.00
Prior to execution of plat approval by the City, the
DEVELOPER agrees to deliver to the City a Bond equal in
amount to the above three items in the form of cash,
irrevocable bank letter of credit, cashier's check or other
negotiable instrument, or a surety bond, in a form acceptable
to the City. The DEVELOPER agrees that these improvements
shall be incorporated in and constructed concurrently with
improvements reflected on any future site plan submitted to
and approved by the CITY.
5. TTBAFFZC___SIGNALTIATION . The DEVELOPER, at its
expense, agrees to construct a traffic signalization system
at the intersection of N.W. 68th Avenue and N.W. 77th Street,
CITY OF TAMARAC, Broward County, Florida, said construction
to be in accordance with plans approved by Broward County and
the CITY OF TAMARAC. At the time the CITY approves the plat
for TRACT 31, the DEVELOPER shall deposit with the CITY the
sum of FORTY THOUSAND DOLLARS ($40,000.00) representing the
cost of the traffic signalization described within this
Paragraph 5, which sum shall be held by the CITY until the
plat for TRACT 31 has been fully approved by the Broward
County Commission. Upon approval of the plat by Broward
County, the CITY shall then put said monies ($40,000.00) .into
the CITY's traffic signalization account. If within the
one-year period after Broward County approval of the plat,
the DEVELOPER has properly installed said signalization, the
$40,000.00 deposited with the CITY by the DEVELOPER shall be
returned to the DEVELOPER. If after one year from the date
Broward County Commission has given plat approval of TRACT
31, said signalization has not been installed by the
DEVELOPER, then the DEVELOPER shall no longer have an
obligation of installing said traffic signalization and the
$40,000.00 deposited with the CITY shall be retained by the
CITY. Notwithstanding any of the other terms and provisions*
herein contained to the contrary, if the Broward County
Commission does not give final plat approval for TRACT 31,
then the $40#000.00 deposited with the CITY as herein des-
cribed shall be returned to the DEVELOPER and no interest
thereon shall be owed by the CITY.
The CITY recognizes and agrees that the DEVELOPER is
only required by this Agreement to install one (1) traffic
signalization system at the intersection of N.W. 88th Avenue
and N.W. 77th Street, Tamarac, Florida. The CITY further
recognizes and agrees that the DEVELOPER has executed
simultaneously herewith a Development Agreement for real
property within the CITY OF TAMARAC and commonly referred to
as 'Tract 26," which Agreement (for Tract 26) requires a
traffic signalization system at N.W. 88th Avenue and N.W.
77th Street, in accordance with the terms and provisions of
this Paragraph 5 and that only one deposit of $40,000.00 is
required of the DEVELOPER for both Tracts 26 and 31.
Therefore, if the DEVELOPER installs a traffic signalization
system pursuant to the Agreement between the DEVELOPER and
the CITY for Tract 26, the DEVELOPER will not be required to
install another traffic signalizatio:: system pursuant to t::is
Paragraph 5 for TRACT 31.
2
6. . The parties hereto recognize and
agree that the plat for TRACT 31 could be rejected by the
CI"'; OF TAMARAC or Broward County. This Agreement is not
_Mended to require the CITY OF TAMARAC or Broward County to
approve this plat. Therefore, in the event the CITY OF
TAMARAC and Broward County do not approve the plat of TRACT
31 for recordation in the Public Records of Broward County,
Florida, all monies paid by the DEVELOPER to the CITY
pursuant to this Agreement, shall be returned by the CITY to
the DEVELOPER forthwith, whereupon this Agreement shall
become null and void and all parties relieved of any further
liabilities and obligations hereunder. The CITY has no
obligation to pay DEVELOPER any interest on money paid to or
deposited with the CITY«
7. This Agreement shall be construed in accordance with
the laws of the State of Florida and shall be binding upon
the CITY and the DEVELOPER, and the successors and assigns of
the DEVELOPER.
IN WITNESS WHEREOF, the parties hereto have caused these
presents to be executed on the day and year indicted below:
Signed, sealed and delivered
in the presence of:
ATTEST:
L
C TY MA GER
ATTEST:
J
THE CITY OF TAMARAC
By
MAYOR
DATE ,_r411 I 31_ -
B LCG?it"�Lrt��
CITY M)!�AGER
DATE
Appr ed as o form
By
ITY ATTORNEY
C
JUSTUS HOMES, INC.
/, •ice/Ii.�
3
COUNTY OF BROWARD )
%Mev-
, th a dersigneo aliti , personally
appeared and CK
respectively and of the
CITY OF TAMAR.AC, a municipal corpora ion of tife State of
Florida, who, being duly sworn, depose and say that they have
read and eaxecuted the foregoAng instrument, on behalf of
such corporation, on this day of.�+-a1✓
1984. _
NOTARY PUBLIC, STATE OF FLORIDA AT'IfARG
My commission expires: (Notary Seal)
r
IN WITNESS WHEREOF, JUSTUS.HOMES, INC. OF FLORIDA, a
Florida corporatio , has set its band and seal this
day of _--��ii�zc-- , 1984.
WITNESSES:
STATE OF FLORIDA )
)
COUNTY OF BROWARD )
JUSTUS HOMES, INC. OF FLORIDA
BEFORE HE, the undersigned authority, personally
appeared I9F—r- Crt E'_ jy.& s, President of JUSTUS HOMES, INC. OF
FLORIDA, a Florida corporation, Who, being duly sworn,
deposes and says that he has read and eaxecuted the foregoing
instrument, on behalf of such corporation, on this 1
day of M Pr(zC w+ , 1984.
/ice
NOTAR PUBLIC, STATE OF FLORIDA AT-LAAjGE _
My commission expires: (Notary Seal)
N0&WV Puok, Sacs Of %ri4 at Wrgr
@WXW dw NMrrd Oabrq'Ap
1006DA013084/t
4
FeV. 1, -:, wti
EXHIBIT C
AD;
r
THIS AGREEMENT entered into by and between CITY OF
TAMARAC, a municipal corporation of the State of Florida,
hereinafter referred to as "CITY," and JUSTUS HOMES, INC. OF
FLORIDA, a Florida corporation, hereinafter referred to as
'DEVELOPER.'
W I T N E S S E T H:
In consideration of the mutual covenants and conditions
herein contained and other good and valuable consideration
which the parties herein acknowledge, the parties agree as
follows:
1. STATEMENT OF FACT. DEVELOPER is the owner of
certain real property located within the CITY OF TAMARAC,
Broward County, Florida described on Exhibit 'A' attached
hereto. The DEVELOPER has pending before the CITY a plat in
final form for the real property described upon Exhibit "A"
known as Bishop Tract 26, and hereinafter referred to as
'Tract 26.0
The CITY OF TAMARAC has enacted an Ordinance
No. 79-47, as amended by Ordinance No. 80-26 (located at
24-28.1 of the City Code), which requires on -site storm water
retention for purposes of assisting in drainage for TRACT 26,
in the approximate amount of five percent (5t) of the area
reflected by the plat of TRACT 26,
The CITY OF TAMARAC has also enacted -Ordinance
No. 0-76-56 pertaining to the dedication of land for local
park and recreational purposes.
The CITY desires traffic signalization at N.W. 88th
Avenue and N.W. 77th Street, Tamarac, Broward County, Flo-
rida.
2. EZIZSIIQN AUA AND DRAINAGE PAYMENTS.
A. With respect to the retention areas the DEVEL-
OPER agrees to: '
Pay a retention fee of $300234 required by the
CITY OF TAMARAC based on ONE THOUSAND SEVEN HUNDRED FIFTY
DOLLARS ($1,750.00) per acre for the 17.2766 acres contained
within -the plat of TRACT 26 as approved by the CITY OF
TAMARAC, provided however that if a site plan containing an
adequate design for storm water retention is approved by the
CITY OF TAMARAC, in accordance with its rules, ordinances and
regulations, for TRACT 26, the monies paid by the DEVELOPER
for retention fees shall be returned by the CITY to the
DEVELOPER forthwith. No interest on this fee shall be owed
by the CITY.
B. In addition to the retention fees herein des-
cribed, the DEVELOPER further agrees to pay to the CITY OF
TAMARAC at the time the plat for TRACT 26 has been approved
by the CITY the, sum of TWO THOUSAND TWO HUNDRED FORTY-SIX
DOLLARS ($2,246) for drainage improvements as required by
Ordinance 79-47, as amended, calculated at a rate of $130 per
acre. This fee is non-refundable if plat is approved by the
Broward County Commission.
3. The DEVELOPER agrees to pay
to the CITY at the time the CITY. approves the plat for
TRACT 26 monies for local parks and recreation in the amount
of EIGHTY TWO THOUSAND NINE HUNDRED TWENTY EIGHT DOLLARS
($82,928.00). These sums represent- the DEVELOPER's fair
share of payments toward local parks and recreation needs of
1
the CITY as mandated by the stipulated order signed July 14
and 18, 1978 in the case of Leadership Housing Systems, Inc.
.,. C-':�; ,- Ta ,:,rac'• Case 72-11731 filed in Broward Circuit
4. PE The DEVELOPER, at its
expense, agrees to construct the road and related improve-
ments on N.W. 88th Avenue and N.W. 90th Avenue adjacent to
the plat. of TRACT 26, including sidewalk improvements,
turning lanes and bus lanes, all in accordance with plans
approved by Broward County and the CITY OF TAMARAC, such
improvements being necessary to satisfy the requirements of
the DEVELOPER pursuant to Article IX of Chapter 5 of the
Broward County Code and as required by the CITY OF TAMARAC
Code or applicable ordinances. The costs of such
improvements as estimated by.th'e Broward County Engineering
Division and the City of Tamarac are as follows:
Right Turn Lane $7,500.00
Bus Turn 6,000.00
Sidewalks 6,500.00
Cul-de-sac Sidewalk (NW 90 Ave) 1,250.00
Prior to execution of plat approval by the City, the
DEVELOPER agrees to deliver to the City a Bond equal in
amount to the above three items in the form of cash,
irrevocable bank letter of credit, cashier's check or other
negotiable instrument, or a surety bond, in a form acceptable
to the City. The DEVELOPER agrees that these improvements
shall be incorporated in and constructed concurrently with
improvements reflected on any future site plan submitted to
and approved by the CITY.
S. TRAFFSC__ SJGHAL1Z Tp T . The DEVELOPER, at its
expense, agrees to construct a traffic signalization system
at.the intersection of N.W. 88th Avenue and N.W. 77th Street,
CITY OF TAMARAC, Broward County, Florida, said construction
to be in accordance with plans approved by Broward County and
the CITY OF TAMARAC. At the time the CITY approves the plat
for TRACT 26, the DEVELOPER shall deposit with the CITY the
sum of FORTY THOUSAND DOLLARS ($40,000.00) representing the
cost of the traffic signalization described within this
Paragraph 5, which sum shall be held by the CITY until the
plat for TRACT 26 has been fully approved by the Broward
County Commission. Upon approval of the plat by Broward
County, the CITY shall then put said monies ($40,000.00) into
the CITY's traffic signalization.account. If within the
one-year period after Broward County approval of the plat,
the DEVELOPER has properly installed said signalization, the
$40,000.00 deposited with the CITY by the DEVELOPER shall be
returned to the DEVELOPER. If after one year from the date
the Broward County Commission has given plat approval of
TRACT.26, said signalization has not been installed by the
DEVELOPER, then the DEVELOPER shall no longer have an
obligation of installing said traffic signalization and the
$40,000.00 deposited with the CITY shall be retained by the
CITY. Notwithstanding any of the other terms and provisions
herein contained to the contrary, if the Broward County
Commission does not give final plat approval for TRACT 26,
then the $40,000.00 deposited with the CITY as herein des
cribed shall be returned to the DEVELOPER and no interest
thereon shall be owed by the CITY.
The CITY recognizes and agrees that the DEVELOPER is
only required by this Agreement to install one (1) traffic
signalization system at the intersection of N.W. 88th Avenue
and N.W. 77th Street, Tamarac, Florida. The CITY further
recognizes and agrees that the DEVELOPER has executed
simultaneously herewith a Development Agreement for real
property within the CITY OF TAMARAC and commonly referred to
01
L1
(Tract 26)
11
rl�
property within the CITY OF TAMARAC and commonly referred to
as "Tract 31," which Agreement (for Tract 31) requires a
traffic signalization system at N.W. 88th Avenue and
N.W. 7.7th Street, in accordance with the terms and provisions
rk -'_-
re►.1,y aI
G*hxt dy onP dA���� 04a.1",vv..,v
the DEVELOPER for both Tracts 26 and 31.
Therefore, if� the DEVELOPER.installs a traffic signalization
system pursuant to the Agreement between the DEVELOPER and
the CITY for Tract 31, the DEVELOPER will not be required to
install another traffic signalization system pursuant to this
Paragraph S for TRACT 26.
6• EFF"M-,OF MONTE.%. The parties hereto recognize and
agree that the plat for TRACT 26 could be rejected by the
CITY OF TAMARAC or Broward County. This Agreement is not
intended to require the CITY OF TAMARAC or Broward County to
approve this plat. Therefore, in the event the CITY OF
TAMARAC and Broward County do not approve -the plat of TRACT
26 for recordation in the Public Records of Broward County,
Florida, all monies paid by the DEVELOPER to the CITY
pursuant to this Agreement, shall be returned by the CITY to
the DEVELOPER forthwith, whereupon this Agreement shall
become null and void and all parties relieved of any further
liabilities and obligations hereunder. The CITY has no
obligation to pay DEVELOPER any interest on money paid to or
deposited with the CITY.
7. This Agreement shall be construed in accordance with
the laws of the State of Florida and shall be binding upon
the CITY and the DEVELOPER, and the successors and assigns of
the DEVELOPER.
IN WITNESS WHEREOF, the parties hereto have caused these
Presents to be executed on the day and year indicated below:
Signed, sealed and delivered THE CITY OF TAMARAC
in the presence of:
ATTEST:
By
MAYOR
1d1TY MAN R DATE
ATTEST:
3
By
CITY M 51GER
DATE /
Approv d tc5
By
Y A
W form
EY
JUSTUS HOMES, INC.
By
DATE
r (Tract- 26) `
. •iai11C� V4 L'41V�S1Lt'A f -
COUNTY OF BROWARD )
BEFORE Mi:, a undersigne autho it personal)
appeared r w and
respectively and of the
CITY OF TAMARAC, 4 municipal corporation of the State of
Florida, who, being duly sworn, depose and say that they have
read and eaxecuted the foreg ing...instrument, o behalf of
such corporation, on this '44i day. of _�___
1984. ---�..
- - �. _.. :r • _ �` ••mot � i- -
NOTARY PUBLIC, STATE OF FLORIDA AT LARGE—,,,
My commission expires: (Notary Seal) r r,
t'L DUI ,LQ SATE OF FLOKIDA AI
hIOIA2119114
y r
f>cEUIL 1 SS 1 ON E71A 114 AMjL 21 19.1
J
*� ERAIINS UNVoWIITMI
IN �EsS WHEREOF, JUSTUS HOMEC, INC. OF FLOUDA, a
Florida corporatio , has set_ its hand and seal this �44�
day of _ . , 1984.
WITNESSES:
JUSTUS HOMES, INC. OF FLORIDA
By •
Its P e dent
STATE OF FLORIDA )
COUNTY OF BROWARD ) -
BEFORE ME, the undersigned authority, personally
appeared 41-i& s, President -of JUSTUS HOMES, INC. OF
FLORIDA, a Florida corporation, who, being duly sworn,
deposes and says that he has read and eaxecuted the foregoing
instrument, on behalf of such corporation, -on this
day of fi2Cff , 1984.
NOTARY PUBLIC, STATE OF FLORIDA A -
My commission expires: (Notary Seal) - -
I•.. _ ••.: w Swe ct Ronde
COMMU
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