Loading...
HomeMy WebLinkAboutCity of Tamarac Resolution R-80-011Introduced by C/M Disraelly Temp. #1492 1 2 3 4 5 =► 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 21 2E 2� 3( 3. 3: 3; 3 3 3 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 I^/ i .ICT 3: _ ��-.V DISTRICT 4: r_ A3 I 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 C 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.