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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. ir ' ",,MYPR ATTEST: %✓ . 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: J 'RES0 . ffo- --L �7 Afj CITY �TTj�C CIT`L OF T 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 -3-