HomeMy WebLinkAboutCity of Tamarac Resolution R-80-011Introduced by C/M Disraelly Temp. #1492
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CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R- 80-11
A RESOLUTION APPROVING A STIPULATION WITH COMMERCIAL
GARDEN MALL, A PARTNERSHIP AND AUTHORIZING APPROPRIATE
CITY OFFICIALS TO EXECUTE SAME.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
TAMARAC, FLORIDA:
SECTION 1: That.the appropriate City Officials are hereby
authorized to execute a Stipulation with Commercial Garden Mall
a Partnership, in essentially the form attached hereto as Exhibit
"A"
PASSED, ADOPTED AND APPROVED this 23 da of Ja%uary 1980.
ATTEST:
CITY CLERK
I HEREBY CERTIFY that I
have approved the form and
correctness of this RESOLUTION.
OAga A mil, Q9 �
TY ATTORNEY
"r -O. D OF COUNCIL VOTE
n
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.ICT 3: _ ��-.V
DISTRICT 4:
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A3
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IN THE CIRCUIT COURT OF THE 17TH
•, JUDICIAL CIRCUIT IN AND FOR
BROWARD COUNTY, FLORIDA
LASE N0. 79-23431 "J" HARE
------------------------------------------
"COMMERCIAL GARDE KALL,
\�_-pap, by and through
its partners, RICHARD AHL, 4
DORIS ELIZABETH AHL, WILLIAM
MENEES and LEVINA ELIZABETH MENEES,
and A $ M BUILDING CONTRACTORS, INC., {
Plaintiffs,
vs.
THE CITY OF TAMARAC, a municipal +
corporation in the State of Florida,
Defendant. +
STIPULA7ION FOR SE77LEMEN77
Plaintiffs and Defendant seeking to amicably resolve
outstanding problems and enter into a final Stipulation for Settlement
do hereby stipulate and agree as follo%.s:
1. City of Tamarac will issue building permits
for construction of Commercial Garden Pall provided that all regulations
of the City and all fees have been met and paid. Provided, however,
that there shall be no sewer fee requirements while the moratorium is
in effect. It appears now that all regulations of the City have
been met.
2. City will not conduct or be requested to conduct
any final inspection for the Commercial Garden Mall or any part therecr
until and unless the sewer moratorium that it has imposed is lifter,
sewer service is available, all agreements required by the City and
all fees established by the City have been entered into and paid.
Within seven days after the moratorium is lifted, Plaintiffs shall pay
to City its water and sewer contribution and all other applicable water
and sewer charges.
3. Plaint ij i s ;1 i construct the Mall at their oa:r,
risk and with full knowledge that a sewer moratorium exists and that
t�L' L%tt v L-
CciT(OAC
�TTORNEY
I
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said moratorium may not be lifted in the foreseeable future. It is
conceivable and is acknowledged as a risk of doing business that upon
completion of other work at Commercial Garden Mall the moratorium
may still be in effect and any loss of any nature or type shall be
the responsibility of the Plaintiffs. No damages of any type or
nature will be sought from the City of Tamarac or any of its agents
and employees, past or r
p esent.
4. Plaintiffs hereby absolve City of Tamarac and
all employees and agents, past or present, from all responsibility and
liability in mistakenly issuing any permits for the construction of
Commercial Garden Mall, for any delays in the construction of Commercial
T
Garden Mall and for any costs incurred as a result of the sewer
moratorium. This is exclusive of Plaintiff's complaint against Tamarac
Utilities Inc., Case No. 79-13793.
5. Tamarac agrees that it has and will continue to
endeavor to lift the moratorium as quickly as it determines to be
reasonably feasible. This is exclusive of Plaintiff's complaint against
Tamarac Utilities Inc., Case No. 79-13793
6. City agrees that construction water will be
made available while work is in progress at Commercial Garden Mail.
7. Plaintiffs shall pull all permits within 3-. da-ys
of the date of this Order and construction shall continue in the Sarni
manner as construction would be required to continue under the Sout�
Florida Building Code.
B. Provided that Plaintiffs commence work during
the life of their approved revised site plan and maintain a valid
building permit, City acknowledges that Commercial Garden Mall is
exempt from the onsite water retention requirements in Ordinance 79-47.
9. Plaintiffs will not be obligated to post a bore
for future drainage for 57th Street.
2.
10. On site drainage work, in addition to that
already approved, and which Plaintiffs agree to undertake, are set
forth in Exhibit A attached hereto and made a part hereof. Plaintiffs
shall be responsible for the payment of all applicable fees for this
drainage work.
11. The Stipulation for Settlement shall be binding
on all successors
and assigns of each and every Plaintiff.
12. The Court may issue an order incorporating
verbatim all provisions in this Stipulation for Settlement.
13. Each party shall bear its own costs.
14. The Court shall maintain jurisdiction to
enforce the terms of this Stipulation for Settlement.
ARTHUR M. BIRKEN,ESQ
City Attorney for City of Tamarac
5811 Northwest 88th Avenue
Tamarac, Florida 33321
(305)122-5900
ARTHUR M. BIRKEh, ESQ,
This, - '" day of logy
, J
WOLF AND GORA
Attorney for Plaintiffs
P.O. Box 11678
3045 N. Federl. Highway
Fort Lau rdale, Florida 33339
By
i-I. 1-1. nULr r
his day of G ,1980
O R D E R
THIS COUPT having reviewed the pleadings and the
Stipulation for Settlement of the parties and being otherwise fully
3.
advised in the premises, it is hereby
ORDERED AND ADJUDGED, that the above Stipulation for
Settlement is hereby adopted as if set forth verbatim herein and the
parties are directed to comply with its terms and the Court shall retain
jurisdiction to enforce any violation thereof.
DONE AND ORDERED, in Chambers, this o day of
,1980.
RAYi,1^''� a- Hsi
Copies furnished counsel.
1
L
CIRCUIT COURT JUDGE
4.