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HomeMy WebLinkAboutCity of Tamarac Resolution R-77-208147,0 q4 �j � , 0 ) C Introduced by : (�4�7ajn � i1'GZ Temp. # 919 CITY OF TAMARAC, FLORIDA RESOLUTION NO.- i�- Ti - 7-o-8 A RESOLUTION AUTHORIZING THE ASSISTANT CITY AT- TORNEY TO EXECUTE AN AMENDED STIPULATED SETTLE_ MENT BETWEEN THE CITY OF TAMARAC AND W.J.OROVITZ AND B. HAIMAN, TRUSTEES. Case No. 75-19999 WHEREAS, the City of Tamarac heretofore has entered into a stipulated settlement between Warren James Orovitz and Barry Haiman, as trustees, plaintiffs, and the City of Tamarac, defen- dants, and WHEREAS, settlement, both parties now wish to amend said stipulated NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: That the Assistant City Attorney is hereby authorized to execute an amended stipulated settlement of the liti- gation between Warren James Orovitz and Barry Haiman, trustees and the City of Tamarac, Case No. 75-19999, in the Circuit Court of the 17th Judicial Circuit, in and for Broward County, Florida, a copy of which settlement is attached hereto as "Exhibit A". PASSED, ADOPTED AND APPROVED this �/AM-' day of 16-/r"ke-4 ATTEST: I HEREBY CERTIFY that I have ap- proved the form and correctness of this RESOLUTION. I N CITY ATTORNEY MA 1977. RECORD OF COUNCIL VOTE MAYOR W. FALCN iJ.a V/110 H. MASv�1�Ro WIWI M. WEINTEX unER ' C/M I. M. DISRAELLY C/M M. KLIKA 014 _ ..r i a .. . A WARREN JAMES OROVITZ AND BARRY HAIMAN, as Trustees, Plaintiffs, .vs . CITY OF TAMARAC, a municipal corporation, DWIGHT E. JOHNSON, Mayor of the City of Tamarac, MORRIS GLICKSMAN Vice Mayor of the City of Tamarac, HELEN MASSARO, Councilwoman for the City of Tamarac, OSCAR L. TUCKER, Councilman for the City of Tamarac, and W.W. FALCK, • Councilman for the City of Tamarac, ' Defendants. IN THE CIRCUIT COURT OF THE SEVENTEENTI JUDICIAL CIRCUIT, IN AND FOR BROWARD COUNTY, FLORIDA CASE NO: 75-19999 "J" Weissing AMENDMENT TO SETTLEMENT STIPULATION The parties hereto, -by and through their undersigned counsel, stipulate and agree as follows: • 1'. That paragraph 3 (b) of the Set.tlement Stipulation previously filed herein by the parties shall be amended to read follows: (b) The Owners will execute a declaration of restrictive covenants for the S-1 Property in th.e form attached hereto as Exhibit . 2. Th.a.t paragraph 3 (c) of the said Settlement Stipulation ..4ka.11' b.e. deleted and cancelled and shall. be of no further force and _,effect. 3. That paragraph. 3 (d) of said Settlement Stipulation shall be deleted and cancelled and shall be of no further force and effect and the site plan submitted by the Plaintiffs for the S-1 Property shall be withdrawn and shall be of'no further force and effect. LX_3 G� r h.,4 Co CiAll L IZIb14a a"Ij 5 C• A RUDEN, BARNETT9 MCCLOSKY, SCHUSTER & SCHMERER, ATTORNEYS AT LAW, 25 SOUTH ANDREWS AVENUE, FORT LAUDERDALE, FLORIDA w d • r ►0 - 4. That paragraph 6 of said Settlement Stipulation shall be deleted and cancelled and shall be of no further force and effect. S. That all other provisions of said Settlement Stipula- tion not herein specifically amended shall remain unchanged and shall remain in full force and effect and all provisions, benefits, and burdens of the Settlement Stipulation and this Amendment to Settlement Stipulation shall be binding upon and inure to the benefit of the parties, and their respective heirs, successors and assigns and shall run with the B--2 Property and S-1 Property. 6. That this court shall enter the Order Approving , Amendment to Settlement Stipulation. 1977. STIPULATED AND AGREED TO this day of , ALAN F . RUF , ESQ . Attorney for Defendant 5811 N.W. 88th Avenue • Tamarac, ' Florida 3332'l (305) 722--5900 ALAN F. RUF. STIPULATED AN.D AGREED TO this day of , 1977. RUDEN., BARNETT, McCLOSKY, SCHUSTER & SCHMERER Attorney for Plaintiff 2.5 South Andrews Avenue P .-o . Box 1900 Fort Lauderdale, Florida 33302 (.305) 764-6660 GLENN N . SMITH 2 0 4 RUDEN, BARNETT, MCCLOSKY, SCHUSTER & SCHMERER$ ATTORNEYS AT LAW$ 25 SOUTH ANDREWS AVENUE, FORT LAUDERDALE9 FLORIDA a r . 40