HomeMy WebLinkAboutCity of Tamarac Resolution R-79-069Introduced by
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CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R - 7 9 - 6 9'
A RESOLUTION AUTHORIZING THE CITY ATTORNEY AND ANY OTHER
APPROPRIATE CITY OFFICIALS TO EXECUTE A_.STIPULATION BETWEEN
THE CITY OF TAMARAC AND CITY NATIONAL BANK OF MIAMI,TRUSTEE
(FOR 140ODMONT NORTH GOLF COURSE).
WHEREAS, the City of Tamarac has entered into negotiations with
,,.the City National Bank of Miami, trustee as Successor to SIMON ZUNAMON, as
Trustee, concerning revisions to the Woodmont North Golf Course; and
WHEREAS, both parties have agreed to certain conditions included in
the proposed Stipulation.
NOW, THEREFORE, BE 'IT RESOLVED BY THE COUNCIL OF THE CITY OF TAMARAC
FLORIDA:
SECTION 1: That the City Attorney and any other appropriate City
Officials are hereby authorized to execute a Stipulation between the City of
Tamarac and City National Bank of Miami, trustee as Successor to SIMON ZUNAMON,
as Trustee, Case #72-11731, 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 THISDAY OF �% 1 79.
ATTEST:
/ FIFUMEMM-4 • I
I HEREBY CERTIFY that I have ap-
proved the form and correctness
of this RESOL/U�TION.
"AA /'1. CLLA'
CITY ATTORNEY -
RECORD OF COUNCIL VOTE
MAYOR W. FALCY
VI'M H. MASSARO �--
CJM H. WFNER
C/M I.M. DiSSRAEL L`P a _
C jW M. KELC I-/ �
IN THE CIRCUIT COURT OF THE 17TH
JUDICIAL CIRCUIT, IN AND FOR
BROWARD COUNTY, FLORIDA
CASE NO. 72-11731
LEADERSHIP HOUSING SYSTEMS, )
INC., and SIMON ZUNAMON, as )
Trustee, )
Plaintiffs, )
VS. )
THE CITY OF TAMARAC, a )
municipal corporation, )
Defendants. )
S T I P U L A T I O N
COME NOW the Plaintiff, CITY NATIONAL BANK OF MIAMI, a
United States Banking Corporation, as Trustee under the provis-
ions of that certain Trust Agreement dated the 14th day of
September, 1978, and known as Trust No. 5003183, as successor
in interest to Plaintiff, SIMON ZUNAMON, as Trustee, by and
through its undersigned counsel, and the Defendant, CITY OF
TAMARAC, by and through its undersigned counsel, as directed
and approved by the City Council of the City of Tamarac, and
file this their Stipulation and state as follows:
The 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, is the successor in interest to
Plaintiff, SIMON ZUNAMON, as Trustee under the provisions of
a certain Trust Agreement dated December 1, 1972, and known
as Trust No. 101, as the owner of the real property described
in Exhibit "A" attached hereto (hereinafter referred to as the
"Property").
4 A, T 'W9-
6 P,41 e-s
1,.
It is the goal of the CITY OF TAMARAC (hereinafter re-
ferred to as "the CITY") to encourage improvement in the
quality of the surface water drainage systems within the CITY,
and the CITY desires to have the existing canals within the
"Property" excavated as expeditiously as possible to their full
sections and to otherwise increase the surface water retainage
capacity within designated areas. The rainy season is rapidly
approaching and in the event of a major storm, the expanded
canal system will provide substantial additional protection of
developed property and lives within Tamarac.
CITY NATIONAL BANK OF MIAMI (hereinafter referred to as
"DEVELOPER") desires to immediately:
(1) commence improvements to its existing
golf course, which should, among other
things, in and of itself improve drain-
age in Tamarac;
(2) incorporate the improvements to its
existing golf course, as amended, and;
(3) excavate the canals in a common develop-
ment plan so as to minimize the cost of
the excavation and improvements and con-
currently minimize the disruption to its
golf course and the surrounding areas
during the course of excavating of the
canals and concommitant undertaking of
the golf course improvements.
Because of the time frame constraints imposed for the
planting and growth of grass to allow a sufficient period for
the establishment of a permanent stand of grass, the DEVELOPER
must immediately commence the improvements to the golf course,
-2-
which improvements are more fully reflected on a site plan
dated February 1, 1979, and submitted by DEVELOPER to the
CITY on March 21, 1979. The CITY finds this Site Plan to
be acceptable as submitted and revised on March 27, 1979.
DEVELOPER agrees it will pay the CITY's current engineer-
ing permit fees for -the excavation of the existing canals to
their approved full sections and all other improvements as
shown on the Site Plan. The fees for the excavation of the
canals and all other improvements will be paid initially upon
the estimated cost and upon completion the actual certified
costs shall be submitted to the CITY and the appropriate up-
ward adjustments, if any, in the fees required paid by the
DEVELOPER to the CITY prior to final approval of the canals
and other improvements by the CITY.
The payment of the engineering fees and the certification
of the actual cost of excavation by the DEVELOPER in this
instance shall be without prejudice and shall be without
effect on any prior or future fee assessments.
DEVELOPER and CITY acknowledge the improvements commenced
by DEVELOPER to the existing golf course shall be subject to
compliance with applicable CITY ordinances, including the sub-
mission of landscaping plans to the CITY prior to September 1,
1979.
DEVELOPER acknowledges final inspections and approvals by
the CITY of the golf course improvements shall not be given
and the golf course shall not be used for golf until such time
as the site plan submission and approval process has.been com-
pleted by DEVELOPER and the CITY, in accordance with the rules
and regulations of the CITY as they pertain to the site plan
submission for the golf course improvements, all recomputed
-3-
L
fees for new work as indicated on this Site Plan have been
paid and any necessary plats or amendments to plats have been
approved by the CITY and all applicable CITY regulations have
been complied with. However, the parties are endeavoring to
follow applicable CITY ordinances, and the CITY agrees that
preliminary site plan requirements and minimum time require-
ments can be waived and other approvals prior to final approval
by the City Council as required by Site Plan Ordinance Section
7-7, General Submission Procedures, can also be excused by
order of the Court ratifying or confirming this Stipulation.
DEVELOPER acknowledges, upon completion of its site plan
submission, DEVELOPER shall, either concurrently or within a
reasonable period thereafter, submit separate rezoning petitions
which rezoning petitions shall reflect the improved (or to be
improved) status and location of the golf course, as well as
the request of DEVELOPER to return to the status of residential
development of the adjacent property those areas not used in
the golf course improvements as it exists after the completion
of the golf course improvements as provided in the approved
site plan.
DEVELOPER acknowledges both rezoning petitions are to
be submitted at DEVELOPER's risk. There is no commitment by
the CITY, either for or against the rezoning petitions by
virtue of this Stipulation or any other agreement.
DEVELOPER, upon completion of the golf course improvements,
shall submit (within a reasonable period of time) for appropriate
action by the CITY and other governmental agencies, a Golf Course
Addition Plat, which Golf Course Addition Plat will incorporate
all areas not previously platted for golf course use, which are
then included within the area of the golf course as improved.
The Plat may provide for additional dedication of the canals as
-4-
completed and excavated to full section, as amended.
Maintenance of all bodies of water not directly connected
to the open canal system shall be the responsibility of the
Developer, its successors and assigns.
Both parties agree to use reasonable and due diligence and
good faith efforts to carry forth the terms of the Stipulation
as contained herein.
The parties acknowledge and agree that this Stipulation
may be filed in Case No. 72-11731 by either party for the entry
of an appropriate order ratifying and confirming the same.
This Stipulation is executed on behalf of 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 Number 5003183,
solely in its capacity as Trustee and not in its independent
corporate capacity or against any beneficiary of the Trust for
which said CITY NATIONAL BANK OF MIAMI is Trustee, under that
certain Trust Agreement dated the 14th day of September, 1978,
known as Trust Number 5003183.
IN WITNESS WHEREOF, the parties hereto have made and
executed this Stipulation on the respective date under each
signature.
WITNESSES:
APPROVED AS TO FORM:
CITY NATIONAL BANK OF MIAMI,
as Trustee under the provisions
of that certain Trust Agreement
dated September 14, 1978, known
as Trust Number 5003183
FREDE IC P. TIBALLI sq
This day of 9/art, 1979.
CITY.OF TANARAC
By Q-0 �k `.
WALT -W.FALC%R, Vayor
This O ``day of 979.
r _
This, ,,? :Y day of
ATTEST:
ITY ATTORNEY
-5-
EXHIBIT "A"
TO
STIPULATION BETWEEN LEADERSHIP HOUSING
SYSTEMS, INC. and SIMON ZUNAMON, as
Trustee, Plaintiffs, versus THE CITY
OF TAMARAC, a municipal corporation,
CASE NO. 72-11731
All that portion of Sections 4 and 5, Township 49 South,
Range 41 East, and Sections 32 and 33, Township 48 South,
Range 41 East, lying East of Northwest 88th,Avenue, South
of Southgate Boulevard, West of a line parallel with and
660.00 feet West of the centerline of University Drive,
and North of Northwest 81st and 82nd Streets, LESS canal
right-of-way recorded in Official Record Book 6450, Page 668;
LESS the Plat of Tract 51, recorded in Plat Book 92, Page 32;
LESS the remaining portion of Tract 46 of WOODMONT;
LESS the Florida Power and Light Company site on Southgate
Boulevard.
Said lands lying in the City of Tamarac, Broward County,
Florida.