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HomeMy WebLinkAboutCity of Tamarac Resolution R-79-069Introduced by Temp. # a S_ 1 VA 3 4 5 6 7 8 9 10 11 12 13 14 15 76 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 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.