HomeMy WebLinkAboutCity of Tamarac Resolution R-80-247Introduced by Temp. #1770
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-J& -W T
A RESOLUTION APPROVING STIPULATION
#5 TO CASE NO. 72-11731 for
WOODMONT TRACTS 74 and 75.
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TAMARAC,FLORIDA:
SECTION 1: That Stipulation #5 to case No. 72-11731 for
Woodmont Tracts 74 and 75 relating to transfer of units is
hereby approved.
SECTION 2: That the City Attorney is hereby authorized
to execute Stipulation #5 on behalf of the City.
PASSED, ADOPTED AND APPROVED this Z,?- day of 80.
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ATTEST:
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CITY CLERK
I HEREBY CERTIFY that I
have approved the form and
correctness of this
RESOLUTION.
CITY ATTORNEY
RECORD OF COUNCIL VOTE
MAYOR:
DISTRICT t:
DISTRICT 2:
. DISTRICT 3:
DISTRICT 4:
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IN THE CIRCUIT COURT OF THE
SEVENTEENTH JUDICIAL CIRCUIT,
IN AND FOR BROWARD COUNTY, FLORIDA
CASE 110. 72-11731 "J" Weissing
LEADERSHIP HOUSING SYSTEMS, INC., )
and SIMON ZUNAMON, as Trustee, )
Plaintiffs, )
)
vs. )
THE CITY OF TAMARAC, a municipal )
corporation, )
Defendant. )
A TRUE COPY
F.
STIPULATION NO. 5
ORDER
THIS COURT having considered that document entitled
Stipulation No. 5 executed and entered into between the City
National Bank of Miami, as Trustee, under the provisions of
that certain Trust Agreement dated the 14th day of September,
1978, and known as Trust No. 5003183, Rissmont , nc., and
the Defendant, City of Tamarac, dated the �� day of
November,1980, it is hereby
ORDERED AND ADJUDGED, that the terms of the Stipulation
are hereby adopted and approved as if set forth verbatim
herein, and the parties are directed to comply with all
terms and conditions set forth therein. This Court shall
retain jurisdiction to enforce compliance with this Order.
DONE AND ORDERED, in Fort Lauderdale, Florida, this
day of 1980.
-IRCUIT COURT JUDGE
Copies furnished Counsel:
Arthur M. Birken, Esq.
Frederick P. Tiballi, Esq.
IN THE CIRCUIT COURT OF THE
SEVENTEENTH JUDICIAL CIRCUIT,
IN AND FOR BROWARD COUNTY, FLORIDA
CASE NO. 72-11731 "J" Weissing
LEADERSHIP HOUSING SYSTEMS, INC.,
)
and SIMON ZUNAMON, as Trustee,
)
Plaintiffs,
)
VS.
)
THE CITY OF TAMARAC, a municipal
)
corporation,
)
Defendant.
)
STIPULATION NO. 5
THIS STIPULATION made and entered into between CITY
NATIONAL BANK OF MIAMI, a United States banking corporation,
as Trustee under the provisions of that certain Trust Agree-
ment dated the 14th day of September, 1978, and known as
Trust No. 5003183 (hereinafter referred to as OWNER),
RISSMONT, INC. (hereinafter referred to as RISSMONT), and
the CITY OF TAMARAC, a municipal corporation of the State of
Florida (hereinafter referred to as CITY).
The parties stipulate and agree as follows:
1. OWNER is the owner of the property described in
Exhibit "A" attached hereto and made a part hereof and
commonly referred to as "WOODMONT TRACTS 74 and 75."
2. RISSMONT is the Contract Purchaser of WOODMONT
TRACTS 74 and 75.
3. The site plan and plat which includes all of
Parcel 74 (consisting of 53.06 acres) and a portion of
Parcel 75 (consisting of 13.35 acres) has been approved by
the City of Tamarac on the loth day of September, 1980; a
copy of the site plan and plat of WOODMONT TRACTS 74 and 75
are incorporated by reference hereto.
4. The approved site plan and plat approves the
construction of 840 residential units, 672 of said residential
units to be constructed on Parcel 74 (consisting of 53.06
acres) and 168 residential units to be constructed on a
portion of Parcel 75 (consisting of 13.35 acres). The Owner
has agreed to restrict the construction of residential units
to the 840 maximum residential units as contained in the
approved site plan and plat.
6. Parcel 74 and a portion of Parcel 75, as contained
in the approved site plan and plat, are contiguous and have
been approved by the City of Tamarac under a single, common
site plan, being the site plan and plat of WOODMOTT TRACTS
74 and 75.
7. The CITY and OWNER acknowledge that if Parcel 74
and Parcel 75 are developed as part of one overall project
as shown in the approved site plan during the life of said
site plan the density as shown in the August 27, 1976, Court
Order in Case No. 72-11731, as amended, shall be adjusted to
~� provide that 30 residential units shall be shifted to Parcel
74 from that portion of Parcel 75 as contained in the
approved site plan and plat of WOODMONT TRACTS 74 and 75.
8. The shifting of residential units and the resulting
total as contained in Parcel 74 and a portion of Parcel 75,
as reflected on the approved site plan and plat of WOODMONT
TRACTS 74 and 75, does not exceed the total maximum density
of residential units for the parcels as set forth in said
Court Order.
9. This Stipulation may be adopted verbatim by Order
of the Court and shall be binding upon the parties hereto
and all future owners of the property described in Exhibit
"A".
(Signatures continued on
following page)
CITY NATIONAL BANK OF MIAMI,
as Trustee, under the provisions
of that certain Trust Agreement
dated September 14, 1978, and
known as Trust No. 5003183
BY: TIBALLI AND BROWN
Post Office Box 5648
Fort Lauderdale, FL 33310
753-55
By. J
Frederick P. Tiballi,
Its Counsel
This j '�` day of (j ,
198U
• (Continuation of signatures to Stipulation No. 5, Case No.
72-11731, 17th Judicial Circuit, in and for Broward County,
Florida)
RISSMONT, INC.
5975 West Sunrise Boulevard
Fort Lauderdale, FL 33313
By de'o
Akinef S. Rissman
October 30, 1980
This day of ,
1980
CITY OF TAMARAC
5811 N.W. 88 Avenue
Tamarac, FL 33321
By L 1 L I I! dui ?^,-n,
Arthur M. Birken,
City Attorney
This day of ,
1980
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