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HomeMy WebLinkAboutCity of Tamarac Resolution R-80-2671 2 3 4 5 8 9 10 11 12 13 14 15 16 17 20 21 22 23 24 25 26 27 28 29 33 34 35 36 Introduced by Temp. #1781. CITY OF TAMARAC, FLORIDA RESOLUTION NO. R- g -,2�,7 A RESOLUTION APPROVING STIPULATION #7 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 #7 to Case No. 72-11731 for Woodmont Tracts 74 and 75 relating to Rissmont becoming a H.O.W. builder is hereby approved. SECTION 2: That the City Attorney is hereby authorized to execute Stipulation #7 on behalf of the City. PASSED, ADOPTED AND APPROVED this /D day of �� 1980. MAYO ATTEST: 601�1 -C/;, - CITY CLERK I HEREBY CERTIFY that I have approved the form and correctness of this RESOLUTION. CITY ATTORNEY MAYOR: DISTRICT DISTRICT DISTRICT DISTRICT RECORD OF COUNCIL VOTE E I A .1 LEADERSHIP HOUSING SYSTEMS, + INC., and SIMON ZUNAMON, as Trustee, Plaintiffs, VS. THE CITY OF TAMARAC, a municipal corporation, + Defendants. --------------------------------- IN THE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT, IN AND FOR BROWARD COUNTY, FLORIDA CASE NO. 72-11731 "J" WEISSING STIPULATION NO. 7 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 Agreement 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. RISSMONT is the contract purchaser of the property described in Exhibit "A". 2. OWNER or RISSMONT or both are in the process of developing the property described in Exhibit "A". 3. RISSMONT is in the process of becoming a "HOW builder". This means that RISSMONT will be able to furnish all buyers of units constructed by it in Tamarac with homeowners warranty protection and that RISSMONT will, prior to obtaining the first full condominium building permit for the property described in Exhibit "A", be certified as a "HOW builder". However, a building permit for the 7-unit model and sales building can be obtained by RISSMONT without having received HOW 0 certification. This model building will not be occupied while it is being utilized as a sales center. HOW protection shall be provided for each unit of the model building prior to the unit being occupied. Furthermore, if RISSMONT has not received HOW certification by the time the model building is ready to receive a Certificate of Occupancy, RISSMONT shall, prior to receiving a Certificate of Occupancy, pay to the City a cash bond of $1,500. per unit to be held until such time as RISSMONT obtains HOW certification. 4. RISSMONT and OWNER agree to be bound by those provisions by Section 7-1.4 and 7-1.5 of the Tamarac City Code, a copy of which is attached hereto and made a part hereof as Exhibit "B", for all units that it or its successors in title construct or have constructed on the property described in Exhibit "A". 5. This Stipulation may be filed in the above captioned cause by any party, ex-parte, for the entry of an appropriate order ratifying and confirming the terms hereof. 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 P.O. Box 5648 Fort Lauderdale, Floirda 33310 753-5513 By Frederick P. Tiballi, Its Counsel This day of ,1980. RISSMCNiT, INC. 5975 West Sunrise Blvd. Fort Lauderdale, Florida 33313 By Rain y Rissman This day of JDer� ,1980 CITY OF TAMARAC 5811 Northwest 88th Avenue Tamarac, Florida 33321 By Arthur M. Birken, City Attorney This day of ,1980. / .LEGAL DESCRIPTION: A pK ion of Tracts 9, 10, 15, 16 1 18 of FORT LAUDERDALE TRUCK FARMS SUBDIVISION of Section 4, Township 49 South, Range 41 East, as recorded in Plat i Book 4, Page 31 of the Public Records of Broward County, Florida, being more particu- larly described at follows: CpMM.ENCING at the Southeast corner of said Section 4; thence North 000 12' 16" West, along the East line of said Section 4, a distance of .2568.22 feet; thence South 890 47' 44' West a distance of 1320.55 feet to the POINT OF, BEGINNING of this description; thence South 360 27' 03" West a distance of 710.20 feet to the point of curvature of a circular curve to -the left; thence Southerly, along the arc of said curve, having a radius of 380.00 feet, an arc distance of 369.95 feet to the point of a reverse curve; thence Southerly, along the arc of said curve to the right; having a radius of 460.00 feet, an arc distance of 397.00 feet -to an intersectio with the arc of a circular curve to the left, whose radius point bears South 630 09' 1" West, from the last described point; thence Northerly and Westerly, along the arc of said curve, having a radius of 1400.00 feet, an arc distance of 16B.70 feet to the poil of tangency; thence North 330 45' 00" West, a distance of 490.06 feet to the point of curvature of a circular curve to the right;. thence Northerly along the arc of said curve, having a radius of 1870.00 feet, an arc distance of 1786.91 feet to the point o' tangency; thence North 210 OD'. OD" East a'distance of 489.72 feet to the point of curvature of a circular curve to the right; thence Northerly and Easterly, along the arc of said curve, having a ;adios of 25.00 feet, an arc distance of 39.27 feet to a point of tangency; thence South 690 00' 00" East, a -distance of 572.06 feet to the pois of a curvature of a circular curve to the left; thence Southerly and Easterly, along tj arc of said curve, having a radius of 1890.00 feet, an arc distance of 699.47 feet to the point of tangency, thence North 890 47' 44" East, a distance of 130.00 feet to an intersection with the arc of 'a circular curve to the right; whose radius bears South 690 47' 44" West, from the last described point; thence Southerly and Westerly, along the arc of said curve, having a iadius of 120.00 feet, an arc distance of 185.52 feet to a point -of reverse curve; thence Westerly and Southerly, along the arc of said curve `to the left, having a radius of 200.00 feet, an arc distance of 270.29 feet to the point of tangency; thence South 100 56' 21" West, a distance of 698.61 feet to the point of curvature of a circular curve to the right; thence Southerly and Westerly aloe the arc of said curve having a radius of 320.OD feet, an arc distance of 142.48 feet ti the POINT OF BEGINNING TOGETHER WITH A portion of Tracts 9, 15, 16, 17 and 18 of FORT LAUDERDALE TRUCK FARMS SUBDIVISION of Section 4, Township 49 South, Range 41 East, as recorded in Plat Boot. 4, Page 31 of thi Public Records of Broward County, Florida, being more particularly described as follows: COMMENCING at the Southeast corner of said Section 4; thence North 890 00' 50" Nest along the South line of said Section 4, a distance of 155D.86 feet; thence North-D00 59' 10" East, a distance of 2017.96 feet to the POINT OF BEGINNING of this description; thence North 190 25' 08" hest, a distance of 95.-03 feet; thence North 360 27' 03" East, a distance of 474.89 feet to the point of curvature of a circular curve to the left; thence Easterly and Northerly, along the arc of said curve having a radius of 400.00•feet, an arc distance of 178.11 feet to the point of tangent -thence North 100 56, 21" East, a distance of 698.61 feet to the point of curvature of a circular curve to the right; thence Northerly and Easterly along the arc of said carve, having a radius of 120.00 feet, an arc distance of 162.1E feet to the uoint of a reverse curve; thence Easterly and Northerly along the arc of said curve to the left having a radius of 200-00 feet, an arc distance of 309.19 feet ;-thence South 000 12' 16" East, a distance of 4R5.02 feet; thence South 770 08' 49" West, a distance of 18.93 feet; thence South 100 56' 21' West, a distance of 617.08 feet; thence South 000 12' 16" East, a distance of 547.43 feet; thence North 870 41' 24" West, a distance of 631.46 feet • to the POINT OF EEG_.iNING. Said lands situate, lying and being in Broward County, Florida. I HEREBY CERTIFY THAT THIS SKETCH AND LEGAL DESCRIPTION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. DANIEL L. CARrAHAN REGISTERED LAND SURVEYOR 630D2 STATE OF FLORIDA EXHIBIT A DANIEL CARNAHAN CONSULTING ENGINEERS, INC. CONSUL T/NG ENGINEERS LAND SURVEYORS LAND DEVELOPtVENT CONSULTANTS 101 N. STATE ROAD 7 MnRGnT F, �� 33063 305- 972 - 3959 i z ,e8 i .:� 1+ i • i it •t_ 1 7-1.4 BUILDINGS J 7-1A (2) This fee shall be collected at the time the certificate of occupancy is issued and shall be calculated in the following manner: Rate (paragraph (d) above) prorated for the number of months remaining in the calendar year prior to January first (paragraph (e)). Example: 1%u times estimated value of $30,000.00 — $300.00 per annum times 6/12 (6 months remaining) s $150.00. (g) In the event the interim services and facilities fee is not paid within the thirty -day period following the date of the billing, a lien will be established against the property. (Ord. No. 75-32, §§ 1-7, 10-9-75; Ord. No. 78-2, §§ 1-3, 1-12-78) Sec. 7-1.4. Correction of construction defects —Generally. (a) Legislative findings. The city has experienced, together with the county, unprecedented and rapid growth as well as a period of boom construction. As a result, numerous construction defects and code violations were committed due to hastily designed dwellings, quantity construction, inferior workmanship, irresponsible contractors and inefficient building inspections. Such defective construction in this city and throughout the county .has resulted in two (2) grand jury investigations ects and code have not only confirmed the existence of widespread construction defects violations, but have also raised serious questions as to the liability, responsibility and availability of the developers, contractors, and subcontractors with respect to the correction of such construction defects and code violations. This has resulted in unjust damages and losses for the victims of such defects and violations who are the innocent purchasers of such homes in this city. (b) Purpose of section. The objective of this section is to protect the innocent victims of construction defects and code violations by providing insurance for the correction of these construction defects and code violations as a condition precedent to the future issuance of a certificate of occupancy for any dwelling in this city. (c) Requirement of insurance or other security. (1) To assure a better quality of construction in this city and to assure to residents financial resources which may be necessary for the correction of any construction defects or code violations, the chief building official or any other appropriate public official shall not issue a certificate of occupancy for any dwelling unit until the developer or general contractor shall first furnish proof to such official of the issuance of an insurance policy by a compaDy authorized to do business in the State of Florida, naming as beneficiary the purchaser and his successors and assigns of said dwelling unit and obligating the insurer in a minimum amount of one thousand five hundred dollars ($1,500.00) for a period of three (3) years to make and pay for all corrections which may be nece-.sary with respect to any construction defects or violations of the then existing applicable building code. In respect to coverage for multifamily units having common elements, the minimum insurance shall be one thousand dollars ($? ,000.00) per dwelling unit for the individual owner and a sum which shall be the product of five hundred dollars (�5W.00) times the number of units to cover the common elements contained in the building containing . the multiple Supp. No. 3, 4-78 121 T' i ,• 1 § 7-1.5 TXMAnAC CITY CODE • 1 7.1 b as used and "code violations The terms "construction defects in the original construction dwelling units fault or inadequacy other � t•1i� section shall mean any FloridaBuilding Code or of any violation of the South ce of the certificate which is In existing at the tune of the issuer' applicable law of the city promulgate such of occupancy' approval of council, shall official, with the should be included in (2) The chief building uirement.s or provisions as in lieu of an other fair and reasonable req or general contractor may ic The developergood and sufficient bond of the such insurance POIo the said official a g and substance by the city' insurance policy deposit with to form general contractor approved as. other developer or g vocable bank letter of credit t sit, an irrevocable the minimum amount o one attorney or a cash depo attorney roved by the city held as security for collateral app pp which shall and cede violations thousand five hundred cedt one ofl� atruction defects the Payment of CQ shall promulgate hereinbefore referred to* subject to approval of council terms and (3) The chief building of the insurance carrier, the sufficiency coverage by Tegulations with respect to rope by of the policy; coverage of condominium ass here nbefore p conditionsec for insurance policies group insurance; substitutes for the identification and on of buildings; y procedures for the a istenCti and violations. the existence of construction defects and code violations an determination of corrections of such defects unite covered by a procedures for facilitating 1 any dwelling a ha (1), (2), and (3) shall not apply artment of Insurance (4) Parag-rP ro am approved by the Florida Dep warranty thsiirance p � for the correction of construction defects which provides protection necessary' or code violations. of council and shall be a public developers, contractors. (5) All regulations shall be aP city roved by resolution clerk available to 6-9-76) record sted on file with the parties. (Ord. No. 76-26, §§ 1-3, purchasers, and other intere Same—merequirements. defects - (a) ?-1.6. code violations and construction def (a) Identification and determination of fault or �• or "code violation" shall mean aotyher law of (1) The term "construction defect - Code or any South Florida Building inadequacy in violation of the So original construction of the building to any Part of the the roof, the electric wiring the city relating the plumbing system, lurnbing inclucing, without limitation, receptacles and fixtures, p system, doors, windows, electric switches, recep ,f the original construction. fixtures, cabinet work and other similar elements hether there have been any official shall determine the building code or (2) The chief b ;ilding violations with respeCt to cons`, action defects or odh were existing at the time of the issuance of the ,the: applicable laws certi=-:•ate of o-xupancy- Supp. No. 3, 4-78 122 - I I BUILDINGS (3) Defects due to wear and tear, abusive use, or resulting from elements or conditions not related to the original construction shall not be deemed construction defects subject to coverage. (b) Procedures for correction of construction defects and code violations. Within fifteen (15) days after an inspection by the building department, the building official shall issue a report of findings to all of the parties concerned. Such report shall be binding on all parties as to the eidstence of construction defects or code violations, unless such report shall be amended or reversed by a governmental agency or court having jurisdiction over such matter. (c) Insurance or other indemnification. - (1) A policy of insurance which will warrant to the homeovaum proceeds for the correction of construction defects or code violations shall first be apprvvad by the city attorney as to form and substance. (2) Group insurance. In order to encourage economy, the chief building official, upon approval by the city attorney, shall accept a policy covering a class or a group provided that each homeowner or unit owner is the beneficiary of the amount of insurance set forth in the ordinance, and further provided that the common elements of a condominium or other multiple unit is properly insured. N (d) Condominium insurance. The chief building official, upon approval by the city attorney, shall accept a policy which shall designate as the beneficiary, the appropriate party owning the common elements of a condominium, and designating the individual = unit as the beneficiary with respect to the insurance provided for in the ordinance. (e) Substitutes for insurance. (1) A general contractor or developer may deposit, with the city, cash, an irrevocable bank letter of credit, or a surety bond in the amount of one thousand five hundred dollars ($1,500.00) for each dwelling in lieu of the insurance policy. The terms and conditions of such substitute shall first be approved by the city attorney. (2) A general contractor or developer may file with the city a personal undertaking or commitment in the amount of one thousand five hundred dollars ($1,500.00) per unit warranting the correction of the construction defects or code violations. Such personal undertaking shall be accompanied by collateral deemed to be adequate by the city attorney and the chief city fiscal officer to assure the sufficiency of funds for the correction of potential' construction defects or code violations. (3) Where the financial responsibility of the general contractor or developer or their guarantors are, in the opinion of the city attorney and the chief city fiscal officer sufficient to fulfill the warranties for the correction of the construction defects and code violations, then such undertakingb or commit- ment in the amount of one thousand five hundred dollars ($1,5X;.00) per unit shall be accepted by the chief building official as a subs=tute for an insurance policy. (Res. No. 7"7, § 1, &-23-76) Supp. No. 3, 4-78 123 I