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HomeMy WebLinkAboutCity of Tamarac Resolution R-85-384" Introduced by:_P Temp. Reso #3843 1 2 3 4 5 6 7 6 9 10 11 12 13 14 is 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 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 g mdw dVU 1004DA012484/t a