HomeMy WebLinkAboutCity of Tamarac Resolution R-80-2671
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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
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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
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