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Home My WebLink AboutAgreement to R-79-197r� %9-26154 AGREEMENT TO COMPROMISE, SETTLE, RELEASE AND DISCHARGE ALL CLAIMS AND OBLIGATIONS Parties: CITY OF TAMARAC, a municipal subdivision of the State of Florida 5811 NW 88 Avenue (Hereinafter referred to r r Tamarac, Florida 33321 as the "CITY") LEADERSHIP HOUSING, INC., a Delaware corporation, its parent company, its affiliates, its subsidiaries and other related entities as enumerated on Exhibit 1 to this Agreement (Hereinafter referred to 3300 Inverrary Boulevard as "LEADERSHIP") Suite 220 Ft. Lauderdale, Florida 33319 Purpose: The CITY and LEADERSHIP agree to the settlement and resolution of all issues pertaining to their relationships in accordance with the terms and/or the conditions specified in this Agreement. Date: July —3L, 1979 The parties agree: I. AFFIRMATIVE REPRESENTATIONS. (A) Both parties affirmatively acknowledge and recognize the existence of rights and duties each owes to the other and each party desires to achieve resolution of its equities as specified in this Agreement and with the health, safety and general welfare of the residents of the CITY. (B) LEADERSHIP, individually and on behalf of each and every separate entity collectively identified as LEADERSHIP in this Agreement affirmatively represents as an inducement to the CITY to enter into this Agreement and as a ell condition precedent hereto that the express intention of the parties to this Agreement is to release, satisfy, resolve and settle any and all claims of any kind whatsoever which may exist, be asserted or are unasserted as of the date of this Agreement, except as may otherwise be set forth in this Agreement by it against the CITY. (C) The CITY hereby affirmatively represents as an inducement to LEADERSHIP to enter into this Agreement and as a condition precedent hereto that the express intention of the parties to this Agreement is to release, satisfy, resolve and F� l� LAW OFFICES MYLES J. TRALINS, P.A. ONE BISCAYNE TOWER MIAM1, FLORIDA 33131 settle any and all claims of any kind whatsoever which may exist, be asserted, or are unasserted as of the date of this Agreement, except as may otherwise be set forth in this Agreement, by it against any of the parties collectively identified as LEADERSHIP or against any individual, partnership, corporation, association or entity affiliated in any way with any of the persons or entities collectively identified as LEADERSHIP. (D) It is affirmatively agreed and acknowledged by both parties that that certain Order on Motion for Clarification dated August 27, 1976, as amended by a Stipulated Order dated December 11, 1978, (attached to this Agreement as Exhibit 2) entered in Case No. 72-11731 styled Leadership Housin S stems Inc. and Simon Zunaman as Trustee v. The City of Tamarac is not waived, amended or superseded by this Agreement, that both parties remain bound to the provisions thereof notwithstanding the existence of this Agreement excepting that in the event any specific provision of this Agreement conflicts with such Order as amended that the specific provision of this Agreement shall govern. In this regard, the parties agree that they shall jointly request the Court to ratify this Agreement as a modification to its above described Order as amended. In all other respects, each party understands and agrees that this Agreement constitutes the entire contract of the parties and that it supersedes any prior understandings or agreements between them upon the subjects covered in this Agreement. There are no representations, warranties or covenants other than set forth herein. In this regard, no addendum, modification or waiver of any of the terms of this Agreement shall be effective unless the same is expressed in writing in an instrument of equal dignity or by appropriate order of a court of competent jurisdiction. 2. DUTIES AND OBLIGATIONS OF LEADERSHIP. The following duties and obligations shall be performed by LEADERSHIP: A. Payment of Liquidated Sums. LEADERSHIP shall pay to the CITY the total liquidated sum of FOUR HUNDRED THIRTY-SEVEN THOUSAND SIX HUNDRED TWENTY-FIVE DOLLARS ($437,625.00) as follows: (i) The sum of ONE HUNDRED EIGHTY-SIX THOUSAND DOLLARS ($186,000.00) shall be paid to the CITY upon LEADERSHIP'S full and complete release and exoneration from all bonds described in Exhibit 3 to this Agreement it being agreed by the CITY that said amount represents all sums necessary -2- COSR a C� LAW OFFICES MYLE5 J. TRALINS, R A. ONE BISCAYNE TOWER MIAMI, FLORIDA 33131 for the full and complete release and exoneration of all bonds issued and outstanding in the name of or by the entities collectively known as LEADERSHIP, as well as for the full and complete satisfaction and payment of any and all sums of whatsoever kind or nature which may have been incurred by LEADERSHIP and which may be payable or due and owing to the CITY through the date of this Agreement including but not limited to all inspection fees, recreation fees, rock pit permitting fees, excavation fees, building permit fees and the like. It is the express intention of the parties that LEADERSHIP'S payment of said sum to the CITY shall release and discharge LEADERSHIP now and forever from the obligations or duties provided for in said bonds or under any and all agreements which LEADERSHIP and the CITY may have made or entered into, whether oral or written, and from each and every obligation and duty assumed by LEADERSHIP with respect to its activities as a developer, contractor and builder in the City of Tamarac and that this Agreement shall in and of itself constitute sufficient authority and direction to the sureties of said bonds to discharge and release LEADERSHIP from its duties and obligations thereunder forthwith inasmuch as it is affirmatively acknowledged by the CITY that the collective entities referred to in this Agreement as LEADERSHIP have specifically performed all of their obligations and duties with respect to said bonds so that said bonds shall be fully released and exonerated. (A list of all such bonds to be released and exonerated effective upon the execution of this Agreement is attached and incorporated herein as Exhibit 3. The CITY agrees that in the event bonds in existence prior to the date of this Agreement are not listed in said Exhibit that it is the express intention of the parties to release and exonerate all such bonds in accordance with the terms of this provision.) (ii) The sum of FIFTY THOUSAND DOLLARS ($50,000.00) shall be paid to the CITY upon the execution of this Agreement as full and complete satisfaction of any and all claims arising out of or related to that litigation pending between LEADERSHIP and the CITY (as enumerated in Exhibit 4 attached to this Agreement) and such litigation will be dismissed with prejudice by the joint stipulation of the parties and fully executed general releases pertaining to said litigation will be exchanged by the parties. It is expressly agreed and understood that this subparagraph 00 does not include that certain litigation identified as Case No. 74-3210 Shecter v. Homeowners Association and Case No. 77-4847 styled as Mainlands v. Dubois both of which cases are now pending in the Circuit Court of the 17th Judicial Circuit in Broward County, Florida. -3- LAW OFFICES MYLES J. TRALINS, P. A. ONE BISCAYNE TOWER MIAMI, FLORIDA 33131 (iii) The sum of SEVENTEEN THOUSAND TWO HUNDRED TWENTY-FIVE DOLLARS ($17,225.00) shall be paid to the CITY upon the execution of this Agreement constituting full and complete compensation to the CITY for the CITY'S completion of guard rails, catch basins and erosion controls and any and all other improvements to be made in Land Sections 4, 5, and 6 of Tamarac, Florida, as the same may have been previously required of LEADERSHIP pursuant to its obligations under the bonds released and exonerated simultaneously with the execution of this Agreement. This subparagraph shall not effect or constitute a waiver by the CITY of any other developer's obligations with respect to such other developer's improvements in Land Sections 4, 5, and 6 of Tamarac, Florida. (iv) The sum of THIRTY SIX THOUSAND FOUR HUNDRED DOLLARS ($36,400.00) shall be paid to the CITY within ten (10) days from the effective date of an Ordinance now contemplated to be passed by the CITY which Ordinance shall: (1) authorize the CITY to assume full responsibility for ownership and operation of the Water Management District operated by LEADERSHIP under permitting issued by the South Florida Water Management District (Exhibit 5), (2) shall require five (5%) percent on -site retainage for all property within the CITY not previously site -plan approved by requiring of all such property 9,125 cubic feet of additional storm water retainage per acre of development below the elevation of 10.0. This additional retention shall be provided in open lakes and canals directly extending from existing canals and lakes or connected to existing canals and lakes by a 72 inch culvert not more than 200 feet in length. For the purposes of measurement, each acre of water surface added will be considered as providing 1829500 cubic feet of additional retention. Said acreage shall be computed at the design water surface elevation. Said elevation is to be considered 6.30 MSL for the purpose of this Agreement. In cases where it would be an undue hardship to provide open canals or lakes, upon the recommendation of the City Engineer, the City Council may accept other methods of providing the required retainage. An undue hardship shall be defined as any situation where the distance between a parcel and an existing canal or lake is more than 200 feet. It is expressly agreed and understood between the CITY and LEADERSHIP that under cl;rc . �c LEADERSHIP to provide more than five (5) � Perot of, rce area of its r p vpYerties as described in Exhibit 8 attached to this wz;% 00 10 LAW OFFICES MULES J. TRALINS, P. A. ONE BISCAYNE TOWER MIAMI, FLORIDA 33131 r u Agreement for the purposes of water retention; and (3) shall require the payment of ONE HUNDRED THIRTY DOLLARS ($130.00) per acre for each such acre of undeveloped non -site plan approved land within the CITY which sum shall be used for CITY'S off -site drainage improvement. The payment of said THIRTY SIX THOUSAND FOUR HUNDRED DOLLARS ($36,400.00) by LEADERSHIP shall constitute LEADERSHIP'S prepayment for 280 acres of LEADERSHIP'S properties described in Exhibit 8 calculated at $130.00 per acre for drainage improvement, it being affirmatively acknowledged by the CITY in consideration of LEADERSHIP'S prepayment that LEADERSHIP shall have no further responsibility with respect to payment for drainage improvement for the properties described in Exhibit 8 however the charge of $130.00 per acre provided for herein or in the contemplated Ordinance shall not be considered as being applied against any other fees or charges otherwise required at the time of site plan approval for on site improvements or other development improvements. LEADERSHIP shall have the affirmative right to transfer said prepayments to its successors -in -interest on a pro rata by agreement basis the CITY agreeing to recognize said transfers upon receipt of a written document evidencing the same which document identifies the transferee and is executed by LEADERSHIP. (v) The sum of ONE HUNDRED TWENTY EIGHT THOUSAND DOLLARS ($128,000.00) shall be paid to the CITY upon the execution of this Agreement constituting full and complete compensation to the CITY for the CITY'S construction of three drainage canals and crossings in the "Westwood 6" area of Tamarac, it being agreed and understood that: a) The responsibility for design, engineering, cost projections, permitting, obtaining of necessary easements from fee owners other than LEADERSHIP, construction and supervision of the drainage canals shall be solely the CITY'S. In this regard, the CITY and LEADERSHIP acknowledge and agree that LEADERSHIP shall provide the CITY with a 50 foot canal right of way on tracts 12 and 2, maintenance easements adjacent to these canal rights of way on tracts 12 and 2 and r3 - any temporary access easements necessary to accomplish the work and LEADERSHIP shall assist the CITY in obtaining said rights of way on tracts 13 and 13a; `n" b) LEADERSHIP'S responsibilities with respect to the construction of said drainage canals is hereby acknowledged by the CITY to be fully 0-6 Fes+ -5- LAW OFFICES MYLES J, TRALINS, P. A. ONE BISCAYNE TOWER MIAMI, FLORIDA 33131 completed as a result of LEADERSHIP'S payment of the sum provided for in this paragraph to the CITY. The CITY agrees to hold LEADERSHIP harmless with respect to the application or use of any or all of such funds paid to it in accordance with this provision; c) LEADERSHIP shall be entitled at its option upon reasonable notice delivered to the CITY in writing to the sole dill material obtanetf as a result of the construction of the three drainage canals and may utilize, remove and dispose of the same as it, in its sole discretion may elect. , LEADERSHIP'S option must be exercised in writing within thirty (30) days from LEADERSHIP'S receipt of written notification from the CITY that excavation of the drainage canals has been completed. In the event LEADERSHIP exercises this option, the parties shall mutually agree as to the administrative procedures to be utilized for access and permanent removal of the fill material. (vi) The sum of TWENTY THOUSAND DOLLARS ($20,000.00) shall be paid to the CITY upon execution of this AGreement constituting full and complete compensation to the CITY for the performance of any and all obligations by LEADERSHIP pursuant to that certain Agreement between the parties dated September 13, 1976 (commonly known as the Jet -Vac Agreement) included but not limited to any and all claims of whatsoever kind or nature (front yards, back yards, struts and the like). B. Performance of Specified Actions. (i) Dedication of Easement LEADERSHIP shall grant a temporary easement to the CITY upon execution of this Agreement for vehicular access from State Road 7 to Commercial Boulevard across property owned by LEADERSHIP identified as the "Treehouse - Sambo's Parcel" it being expressly agreed and understood that: a) At such time as LEADERSHIP or its successors -in -interest undertake development of said parcel, said easement shall be located or relocated so as to provide the least amount of interference with and to maximize the development :J plans for the property and at said time the easement shall be dedicated to and accepted by the CITY as a permanent 30 foot right of way and the construction of same shall be C31 made by the ultimate Developer of the parcel in accordance with applicable CITY ordinances and resolutions; Iris LAW OFFICES MYLES J. TRALIN5, P. A. ONE BISCAYNE TOWER MIAMI, FLORIOA 33131 b) The easement and subsequent permanent 30 foot right of way shall be a limited use access road whose configuration may be curvilinear to conform with the developer's overall site plan and shall be the minimum dimensions or size authorized by City Ordinance 7848; c) All costs for the construction and maintenance of the temporary easement and all costs resulting from any subsequent requirement to relocate said temporary easement including the restoration of the land upon which said temporary easement may have been initially located shall be borne solely by the CITY. (il) Completion of "Jet -Vac" Agreement The CITY acknowledges that LEADERSHIP has fully and completely performed its obligations pursuant to that certain Agreement between the parties dated September 13, 1976, (commonly known as the Jet -Vac Agreement) and the CITY further acknowledges that LEADERSHIP'S payment of the sum of TWENTY THOUSAND DOLLARS ($20,000.00) pursuant to the provisions of paragraph 2(b)(vi) constitutes the liquidated sum acceptable to the CITY with respect to any and all claims which may be now or hereafter asserted pertaining to said Agreement. (iii) Traffic Control Device - N.W. 47 Terrace In consideration for the release of its bond in the amount of TWENTY THOUSAND DOLLARS ($20,000.00) LEADERSHIP agrees that in the event any portion of the cost of a traffic control device which may be installed by Broward County, Florida, at the intersection of N.W. 47th Terrace and Commercial Boulevard in Tamarac, Florida, becomes an obligation of the CITY to pay, that LEADERSHIP shall contribute up to and not in excess of TWENTY THOUSAND DOLLARS ($20,000.00) to said cost immediately upon its receipt of written notice from the CITY with respect to the same. (iv) Transfer of Water Management District Simultaneously with and immediately effective upon the m �-1 execution of this Agreement, LEADERSHIP assigns, transfers and conveys all of its O0 C'7 -7- LAW OFFICES MYLES J. TRALINS, R A. ONE BISCAYNE TOWER MIAMI, FLORIDA 33131 interest in and to the operation and maintenance of the Water Management District operated by LEADERSHIP under permitting issued by the South Florida Water Management District to the CITY, said assignment, transfer and conveyance to include title to and possession and ownership of all personal and real property associated therewith including by way of example but not by way of limitation pump stations, culverts and drainage canals. The CITY agrees to accept and assume full and complete responsibility for the operation of said Water Management District immediately upon the execution of this Agreement. Both parties agree to use due diligence to formalize.. the transfer of the District through the execution of such supporting documents as they may deem appropriate however the completion of these formalities shall not effect the vesting and transfer of all rights and liabilities associated with the Water Management District from LEADERSHIP to the CITY on the date of execution of this Agreement. (v) Dedication and Acceptance of Canals, Medians and Roads It is expressly agreed by and between the parties that immediately upon the execution of this Agreement ownership of LEADERSHIP'S undedicated or previously dedicated but unaccepted roads, medians and canals located in Tamarac, Florida, shall vest in the CITY, the parties mutually acknowledging that the transfer and acceptance of ownership of such roads, medians and canals to be formally dedicated shall not be delayed by the formalities involved in the preparation of appropriate instruments of conveyance. In this regard, both parties agree to prepare, execute and accept all such instruments of conveyance so that legal as well as equitable title to the same is vested in the CITY within sixty (60) days from the date of this Agreement. A description of the roads, medians and canals to be dedicated by LEADERSHIP and accepted by the CITY is attached to this Agreement as Exhibit 7. This paragraph shall not modify the obligations of LEADERSHIP'S successors -in -interest which successors -in -interest are solely responsible for maintenance of medians in Land Section 4 and a portion of Land Section 5 pursuant to that certain covenant recorded in Official Records Book 7141 at page 406 of the Public Records of Broward County, "' n Florida requiring maintenance for a 50 year term. 00 Q :J 3. DUTIES AND OBLIGATIONS OF CITY. The following duties and obligations shall be performed by the CITY: C3� LAW OFFICES MYLES J. TRALINS, P. A. ONE BISCAYNE TOWER MIAMI, FLORIDA 33131 A. Assumption of Water Management District. The CITY shall assume all duties, responsibilities and obligations pertaining to the operation of the Water Management District being transferred to it by LEADERSHIP effective upon the date of execution of this Agreement it being agreed and understood that: (i) The parties shall exercise due diligence to effectuate the transfer of LEADERSHIP'S permit to operate the Water Management District by the South Florida Water Management District within sixty (60) days from the date of this Agreement. GO At its next City Council meeting following approval of the transfer of LEADERSHIP'S permit by the South Florida Water Management District, the CITY shall cause LEADERSHIP'S operating bond in favor of the South Florida Water Management District in the amount of FIFTEEN THOUSAND DOLLARS ($150000.00) to be replaced by its own bond or to be released and exonerated. (iii) As and for additional consideration for LEADERSHIP'S transfer of its permit to operate the Water Management District to the CITY, as well as providing consideration for this Agreement, the CITY agrees that the amount of land which LEADERSHIP, its assigns and its successors -in -interest will be required by the CITY to reserve for on -site retention shall be no more than five (5%) percent of LEADERSHIP'S total undeveloped Tamarac acreage as described in Exhibit 8 attached to this Agreement it being specifically understood that LEADERSHIP, its assigns or successors -in -interest may apply said acreage calculated at five (5%) percent of its total acreage to its total acreage or any portion there of as LEADERSHIP, in its sole discretion, may determine. It is further agreed and understood that LEADERSHIP is entitled to a credit of 2.2 acres as against its required on -site retention of five (5%) percent of its total acreage which 2.2 acres shall result from the excavation of the drainage canals described in paragraph 2(A)(v) of this Agreement. B. Issuance of Rock Pit 02erating Permit The CITY acknowledges that LEADERSHIP has paid all outstanding fees pertaining to the operation of its proposed rock pit. Subject to the CITY'S review �a of LEADERSHIP'S compliance with City Ordinance No. 07845 as revised on June 27, CM i� Cit CAD -g- LAW OFFICES MYLES J. TRALINS, P. A. ONE BISCAYNE TOWER MIAMI, FLORIDA 33131 1 1978, the CITY shall issue an unrestricted operating permit to LE DERSAA&HIPP wd in five (5) days from the date of execution of this Agreement. Fees for additionaT excavation must be paid in accordance with applicable CITY ordinances and resolutions iR e4 C. Bond Releases and Exonerations It is the express intention of the CITY that all bonds in existence prior to the date of this Agreement wherein LEADERSHIP, its parent company or its affiliates is principal and the CITY is indemnitee be fully released and exonerated upon, the execution of this Agreement. A list of each of said bonds is appended to and made a part of this Agreement as Exhibit 3 and the CITY affirmatively acknowledges and represents to any such surety or underwriter that such surety or underwriter may release or exonerate said bond in reliance upon the CITY'S affirmative representations in this paragraph without the necessity of obtaining additional written authorization from the CITY. In this regard, and with respect to each of said bonds identified in Exhibit 3, the CITY affirmatively represents to each such surety that this Agreement constitutes rp ima facia evidence of the CITY'S acceptance of the improvements described or covered thereunder as having been satisfactorily completed in accordance with the requirements of law and LEADERSHIP'S obligations pursuant to its underlying contracts. The CITY agrees as may be required from time to time, to execute any and all such documents or releases as may be necessary or required by the sureties underwriting said bonds or by LEADERSHIP to formally release the same immediately upon presentation of said documents to the CITY. The CITY further agrees that in the event bonds in existence prior to the date of this Agreement are not listed in Exhibit 3 that it is the express intention of the parties to release and exonerate all such bonds in accordance with the terms of this Agreement. The CITY shall further Agree to cooperate fully with LEADERSHIP in obtaining releases and exoneration of bonds pertaining to the development of the City of Tamarac which bonds have been made by LEADERSHIP or any of the entities enumerated in Exhibit 1 as prinicpals in favor of Broward County, Florida, as indemnity said cooperation to include but not be limited to �p l� the CITY'S execution of written documents directed to the County and to the sureties of such bonds acknowledging the CITY'S acceptance of these improvements covered thereunder as having been satisfied and fully completed. Cat LAW OFFICES MYLES J. TRALINS, P. A. ONE BISCAYNE TOWER MIAMI, FLORIDA 33131 A� x D. Ownership and Maintenance of Roads Canals and Medians to be Dedicated. In accordance with the provisions of Paragraph 2 of this Agreement as described in Exhibit 7 attached to this Agreement, providing for the transfer and conveyance of all roads, canals and medians owned by LEADERSHIP to the CITY effective upon the execution of this Agreement notwithstanding the necessity for formalization and execution of specific instruments of conveyance, the CITY hereby affirmatively acknowledges and accepts the dedications of all of said canals, medians and roadways in their as is condition and acknowledges its ownership and obligation to maintain the same as of the date of this provision. This paragraph shall not affect or constitute a waiver by the CITY of any other developers' obligations with respect to ownership and maintenace of roads, canals and medians. This paragraph shall not modify the obligations of LEADERSHIP'S successors -in -interest which successors -in - interest are solely responsible for maintenance of the medians in Land Section 4 and a portion of Land Section 5 pursuant to that certain covenant recorded in Official Records Book 7141 at page 406 of the Public Records of Broward County, Florida requiring maintenance for a 50 year term. 4. NECESSARY INSTRUMENTS. Each of the parties shall execute any and all instruments, documents or legal papers necessary to carry out fully the terms, conditions and covenants contained in this Agreement and shall, in addition, and upon request provide the other with evidence of their compliance with the terms, conditions and covenants contained in this Agreement. 5. REMEDIES ON BREACH OF REPRESENTATIONS WARRANTIES COVENANTS AND AGREEMENTS. In the event of a claimed breach of representation or warranty by either party, five (5) days written notice of the claimed breach shall be given to the other party and during such period, said party shall be given the opportunity to remedy the claimed breach. 6. WAIVER. 00 The failure or delay of either party to exercise or enforce any rights, C7 powers or remedies hereunder, or under any of the aforesaid instruments, or other C,J documents, shall not operate as a waiver of such rights, powers and remedies. All Fes+ -11- L.AW OFFICES MYLES J. TRALINS, P. A. ONE BISCAYNE TOWER MIAMI, FLORIDA 33131 rights, powers and remedies herein provided are cumulative and none is exclusive. The waiver by one party of a breach of any provision of this Agreement by the other party shall not be deemed a waiver of any additional breach of the same provision, or of any other provision of this Agreement. 7. PARTIAL INVALIDITY. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall continue in full force and effect without being impaired or invalidated in any way. 8. NOTICE. All notices and other communication hereunder shall be in writing unless otherwise specified in this Agreement and shall be deemed to have been duly given when personally received or forty-eight (48) hours after deposit in the U.S. Mails, First Class postage, certified, return receipt requested, addressed to the respective parties hereto as follows: LEADERSHIP by notice to: CITY by notice to: Myles J. Tralins, P.A. Suite 1616, One Biscayne Tower Miami, Florida 33131 Arthur M. Birken, City Attorney 5811 NW 88 Avenue Tamarac, Florida 33321 or to such other address as to any party hereto as such parties shall designate by written notice to the other party. 9. LEGAL REPRESENTATION. Each of the parties have received independent legal advice as to the nature and obligations of this complete Agreement to Compromise, Settle, Release and Discharge All Claims and Obligations, and each party has been fully informed of its respective legal rights, obligations and duties as well as liabilities by its respective attorneys. 10. COSTS AND ATTORNEYS FEES. The prevailing party shall be entitled to reasonable attorneys fees and court costs in the event any litigation arises out of the necessity to enforce any terms or provisions of this Agreement, 11. RELEASE OF ALL CLAIMS. 94 Cif Each party, except as otherwise provided for in this Agreement, releases the other from all claims, liabilities, debts, obligations, actions, and causes of action of 9VIa LAW OFFICES MYLES J. TRALINS, P. A. ONE BISCAYNE TOWER MIAMI, FLORIDA 33131 M 5 every kind that have been or will be incurred. However, neither party is relieved or discharged from any obligation arising under this Agreement or under any Instrument or document executed pursuant to this Agreement. 12. RECORDATION. This Agreement shall be recorded in the public records of Broward County, Florida. 13. GOVERNING LAWS. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. 14. SURVIVAL OF REPRESENTATIONS. The representations, warranties, indemnifications made by the parties herein shall survive this Agreement and closing hereon. 15. DUPLICATE ORIGINALS OF AGREEMENT. This Agreement may be executed in one or more counterparts each of which shall be deemed to be an original but all of which together shall constitute one and the same instrument. 16. ENTIRE AND SOLE AGREEMENT. This Agreement constitutes the entire and sole agreement between the parties hereto and supersedes all prior agreements and understandings, oral or written, expressed or implied, with respect to the subject matter hereof. This Agreement may not be amended or modified except by an instrument of equal dignity. 17. SUCCESSORS AND ASSIGNS. This Agreement, except as otherwise expressly provided herein, shall be binding on, and shall inure to the benefit of, the respective legatees, devisees, heirs, executors, administrators, assigns, and successors in interest of the parties. Executed on the above stated date. -13- MA r-) -. 00 C� Ca 'J LAW OFFICES MYLES J. TRALINS, P. A. ONE BISCAYNE TOWER MIAMI, FLORIDA 33131 WITNESSES: XG40eal) r Apprdvled h�-to form: City At orney STATE OF FLORIDA ) SS: COUNTY OF CITY OF TAMARAC, a municipal subdivision of the State of Florida By. ATTEST: B Z" MZ ity Clerk ATTEST: By City Manager I HEREBY CERTIFY that on this day personally appeared before me, an officer duly authorized to administer oaths and take acknowledgements, the Mayor, City Clerk and City Manager of the City of Tamarac, Florida to me well known and known to be the persons who executed the foregoing Agreement to Compromise, Settle, Release and Discharge all Claims and Obligations and they acknowledged that they signed and executed the same for the purposes therein stated. IN WITNESS WHEREOF, I have her to set my hand and affixed my official seal at Tamarac, said County and State, July, 1979.- w+W.w ..��...- My Commission Expires: VXAV FMIC VATS CAE ROR104,Ai LARCH W COMMISStON! tWtd AAAR.411992:,., SX&V bpi C+EMm INS, IRomom -14- putg ni+ti chMM-� F� G� JO LAW OFFICES MYLES J. TRALINS, P. A. ONE BISCAYNE TOWER MIAM1, FLORIDA 33131 e �i B y S. J. womm, ' ✓ r; �F_resident STATE OF FLORIDA ) SS: COUNTY OF BROWARD ) I certify that on this day, before me, a Notary Public duly authorized in the state and county named above to take acknowledgements, personally appeared S. J. Workman , to me known to be the person described as President of in and who executed the foregoing instrument and he acknowledged before me that he executed it in the name of and for that corporation, affixing its corporate seal, and that he was duly authorized by that corporation to do so. Witness my hand and official seal in the county and state. TYameT;'- above this 31st day ofW July , 1979. J d Notary Publi , State of^F da at large My commission expires: NOIARY PUBLIC STATE OF F1.ORIDA AT LARGE MY COMMISSION EXPIRES NOV. 21 1981 BONDED THRU GENERAL M. UNDERWLITUS LEADERSHIP CABLE SYSTEMS OF.'1�t�AAr?' " BEACH, INC. = R By S. J. VRKHANP " •President c STATE OF FLORIDA COUNTY OF BROWARD ) I certify that on this day, before me, a Notary Public duly authorized in the state and county named above to take acknowledgements, personally appeared S. J. Workman , to me known to be the person described as President of Leadership Cable Systems of Ine , in and who executed the foregoing instrument, and he acknowledged before me that he executed it in the name of and for that corporation, affixing its corporate seal, and that he was duly m authorized by that corporation to do so. Witness my hand and official seal above this 31st day of July , I in the county and state'naoed 1979.C.D �� f Notary Public./ Stake o€ VLorida V7 at large - t� My commission e4pir.� ,:.' ••••. NOtART PUBLIC STATE OF FLORIDA AT LAM[2 MY COMMISSION EXPIRES WN. 21 1981 K*0ED TEWJ GENERAL INS . LINDERW[ITEM J STATE OF FLORIDA SS: COUNTY OF BROWARD ) LEADERSHIP HUIES OF WEST FLDRIDA, INC. B� c �' ,✓ t� r •- y�-j-' _ S . J. ORIvIAN, ► President I certify that on this day, before me, a Notary Public duly authorized in the state and county named above to take acknowledgements, personally appeared _SzJ,_ LVorkman , to me known to be the person described as President of Leadership Homes of West _ Florida Inc. in and who executed the foregoing instrument and he acknowledged before me that he executed it in the name of and for that corporation, affixing its corporate seal, and that he was duly authorized by that corporation to do so. Witness my hand and official seal in the county and state named above this 31st day of • Jul , 1979. STATE OF FLORIDA Notary Public,/State of k'lorida-' at large My commission expires:. nMD1ARY PUBLI C STATE OF FLORIDA AT LARGE MY COMMISSION EXPIRES NOV. 21 1981 BONDED THRU GENERAL INS UNDERWRITERS LEADERSHIP HOUSING SXSTENIS, INC. B�_ S. J. b6pmmo .Prc4id n;. 4 COUNTY OF BROWARD ) MUC-2 rn-" �-n I certify that on this day, before me, a Notary Public duly JO authorized in the state and county named above to take acknowledgements, }-a personally appeared S. J. Workman , to me known to be the person C� described as President of Leadership HousingSystms,. Inc. _ , in and who executed the foregoing instrument, and y� he acknowledged before me that he executed it in the name of and for that corporation, affixing its corporate seal, and that he was duly authorized by that corporation to do so. Witness my hand and official seal above this 31st day of July , in the county and state named 1979. Notary Public; State of . F.I,bf at large nL My commission expires: NUTARY PUBLIC STATE OF FLORIDA AT LARD} : u MY COMMISSION EXPIRES NOV- 21 1981 IONDED THRU GENERAL INS . UNDERWRITEAS WITNESSES: STATE OF FLORIDA ) COUNTY OF-+�L.) 5S: LEADERSHIP HOUSING, INC., a Delaware corporation, its parent company, its affiliates, its subsidaries and other related entities as enumerated on Exhibit I to this Agreement w-^ By m A ATTEST:.:... By 'd I HEREBY CERTIFY that on this day personally appeared before me, an officer duly authorized to administer oaths and take acknowledgements, Sid Workman as President of Leadership Housing, Inc. to me well known and known to be the person who executed the foregoing Agreement to Compromise, Settle, Release and Discharge all Claims and Obligations and he ac- knowledged that he signed and executed the same for the purposes therein stated.,` .`. IN WITNESS WHEREOF, I have hereunto set my hand and affixed" tray official seal at Tamarac, said County and State, July, 1979. r' This Instrument Prepared by: My Comm—issi4n Expires: NOi•d• , - :, ,g Ro. atw3 Myles J. Tralins, P.A. Suite 1616, One Biscayne Tower Miami, Florida 33131 -15- LAW OFFICES MYLES J. TRALIN5, P. A, ONE BISCAYNE TOWER MIAMI, FLORIDA 33131 STATE OF FLORIDA ) SS: COUNTY OF BROWARD ) LEADERSHIP HOUSING SYSTEMS OF FLORIDA. INC. .j. .`•��T rl `rf.. ByC- S. Aj WORKMAN, `: • �? : P esident I certify that on this day, before me, a Notary Public duly authorized in the state and county named above to take acknowledgements, personally appeared S. J. Workman , to me known to be the person described as President of Leadership Housing Systems of Florida,_Inc. in and who executed the foregoing instrument I nd he acknowledged before me that he executed it in the name of and for that corporation, affixing its corporate seal, and that he was duly authorized by that corporation to do so. Witness my hand and official seal in the county and state named. above this 31st day of July , 1979. r' U. Notary Pub is State of Florida' at large "+ My commission expires: s( Witnesses STATE OF FLORIDA COUNTY OF BROWARD ) Nol ARr PURL I C ST ATE OF FLOR 1 DA AT LARGE MY COMMISSION EXPIRES NOV, xl 1981 BONDED THRU GENERAL INS. UNDERWtITU S LEADERSHIP OF HAWAII, INC. n•' r•_ By S. J . WORKMAN, PrOidlmt I certify that on this day, before me, a Notary Public duly authorized in the state and county named above to take acknowledgements, personally appeared S. J. Workman , to me known to be the person30 described as President of Leadership of HawaiiInc. , in and who executed the foregoing instrument, and G7 he acknowledged before me that he executed it in the name of and for that corporation, affixing its corporate seal, and that he was duly authorized by that corporation to do so. l�W+ Witness my hand and official seal above this 31stday of July , in the county and state named.. I� 1979. 'a Notary Publi , State o;f F on at large My commission expires. •• NOIARY PUBLIC STATE OF FLORIDA AT lAwGf ..: -w•`'' MY COMMISSION EXPIRES NOV. 21 1981 ' QED THRLI C#NERAL NS. WIWAWRJTERS 1 r. STATE OF FLORIDA SS: COUNTY OF BROWARD ) MAINLANDS REALTY,- INC. By�- M�S Y ��' 1 ` Vice : OBERT L. �TFc. ; President I certify that on this day, before me, a Notary Public duly authorized in the state and county named above to take acknowledgements, personally appeared Robert Lyre, Jr., to me known to be the person described as Vice President Of� Mai_nlands Realty, Inc, in and who executed the foregoing instrument and he acknowledged before me that he executed it in the name of and for that corporation, affixing its corporate seal, and that he was duly authorized by that corporation to do so. Witness my hand and official seal in the county and state named above this 31st day of July , 1979. Notary Public, State of. FFgr cat at large ' My commission expires: n` NOIARY PUBLIC STATE OF FLORIDA AT L►RGk, My COMMISSION EXPIRES NOV, 21 1981 BONDED TNRU GENERAL INS. UNDERWRITE@S _MAUI LAND, INVESTORS, INC, - By S. J WORKMAN, P'�ideat STATE OF FLORIDA COUNTY OF BROWARD ) I certify that on this day, before me, a Notary Public duly authorized in the state and county named above to take acknowledgements, Mnq personally appeared S. J. WORKMAN , to me known to be the person described as President of Maui. Land Investors, Inc. 00 in and who executed the foregoing instrument, and he acknowledged before me that he executed it in the name of and for that corporation, affixing its corporate seal, and that he was duly authorized by that corporation to do so. Witness my hand and official seal above this 31st day of July , in the county and state named" 1979. C,.7 •a` `. :. •fir ^ �ti� Notary Public State-af _"gr4da at large My commission exBLires: ,,commission PUBLIC STATE OF FLORIDAFt AT 1:40L; MY COMMISSION EXPIRES NOV. 21 1981 &ON= TFIRU GENERAL W5. LO"JWRlTEAS FA STATE OF FLORIDA ) SS: COUNTY OF BROWARD H R t0:1:1I'll i)06tliC!i 1Q0109-41Vcoil 7Y.ie Y S . J ORKMAN, .1. �� y `- resident ago03 ..... I certify that on this day, before me, a Notary Public duly authorized in the state and county named above to take acknowledgements, personally appeared S_ J_ Worknn , to me known to be the person described as President of Richmar Development Corporgtion in and who executed the foregoing instrument and he acknowledged before me that he executed it in the name of and for that corporation, affixing its corporate seal, and that he was duly authorized by that corporation to do so, Witness my hand and official seal in the county and state named above this 31st day of July-1979. Notary Public,,' State a, F bri .� ' at large My commission expires. NOIAV PUBLIC STATE OF FLORIDA AT L/I0(v6 r" MY COMMISSION EXPIRES NOV 21 1981 "DED THRU GENERAL INS UNDERWRITERS SOUTH CANAL UTILITIES, INC. By c S . J . ORKMAN, STATE OF FLORIDA ) COUNTY OF BROWARD ) I certify that on this day, before me, a Notary Public duly authorized in the state and county named above to take acknowledgements, personally appeared S. J. Workman , to me known to be the person described as President of South Canal Utilities Inc. a in and who executed the foregoing instrument, and he acknowledged before me that he executed it in the name of and for that corporation, affixing its corporate seal, and that he was duly authorized by that corporation to do so. N+ Witness my hand and official seal above this 31st day of July in the county and state 1979. .;, •, w Notary Public State., a at large � My commission expires: •.. • .� NUTARI PUKIC STATE OF FLORIDA AT I,AiQi� �•�,;, `' MY COMMISSION EXPIRES NOV. 21 1181 '' �,,....,• '' SONDED THRU GENERAL 94. Ll CUMLITM STATE OF FLORIDA ) SS: COUNTY OF BROWARD THE CWJUNITIES GROUP, INC. OF BROWARD COUNTY By )r.A S. J. Om mAN,FresXdent I certify that on this day, before me, a Notary Public duly authorized in the state and county named above to take acknowledgements, personally appeared S. J. Workman , to me known to be the person described as President of The Cam mities group, Inc. of Broward County in and who executed the foregoing instrument and he acknowledged before,me that he executed it in the name of and for that corporation, affixing its corporate seal, and that he was duly authorized by that corporation to do so. Witness my hand and official seal in the county and state named above this 31st day of July , 1979. e. Notary Public State of.at large My commission expires NUTARY NUBLI C STATE OF FLORIDA AT LAB ,••" l MY COMMISSION EXPIRES NOV. 21 1981 IONDED IHRU GENERAL INS, UNDERWRITERS Witnesses STATE OF FLORIDA ) COUNTY OF BROWARD ) BO(CA HOUSING, INC. By •w. S. OTiK111AN, r` ..;(yl eT�deI:t �• C • Y �C'� ,1• I certify that on this day, before me, a Notary Public duly authorized in the state and county named above to take acknowledgements, personally appeared S. J. Workman , to me known to be the person 00 described as President of , in and who executed the foregoing instrument, and Q he acknowledged before me that he executed it in the name of and for that corporation, affixing its corporate seal, and that he was duly authorized by that corporation to do so. ►�+. Witness my hand and official seal above this 31st day of July , Fes+ in the county and state namgo 1979. Notary Publi6, State of - , s a at large My commission expires: C NUTARr PUBLIC STATE OF FLORIDA AT LAID MY COMMISSION EVIRES NOV. 21198 K*M THRU GD RAL INS. UNDER . ti s STATE OF FLORIDA SS: COUNTY OF BROWARD ) BROWARD ESTATES, INC. By P �; , L S. J. V6RKMAN,, 11TS4siflent I certify that on this day, before me, a Notary Public duly authorized in the state and county named above to take acknowledgements, personally appeared S. J. WorjoggW . to me known to be the person described as President of Broward Estates,__Inc. in and who executed the foregoing instrument and he acknowledged before me that he executed it in the name of and for that corporation, affixing its corporate seal, and that he was duly authorized by that corporation to do so. Witness my hand and official seal in the county and state named above this 31st day of July , 1979. Notary Publi , State of ;FlVi:da" at large My commission expires:"., NU1 ARY PUBL I C STATI O► FLOR I DA AT Lr MY COMMISSION EXPIRES NOV 21 1961 •�� BANDED THRIJ GENERAL INS. UNDERWRITERS " OGI CONSTRUCF10N OD. <� C. By S. J.IPresi.dent �i COUNTY OF BROWARD ) �u L= •,r I certify that on this day, before me, a Notary Public duly Q authorized in the state and county named above to take acknowledgements, ZM personally appeared S. J. Workman , to me known to be the person described as President of -MI —Construction Co. , in and who executed the foregoing instrument, and �•-+• he acknowledged before me that he executed it in the name of and for that corporation, affixing its corporate seal, and that he was duly authorized by that corporation to do so. Witness my hand and official seal above this 31st day of July , in the county and state riarl....;, 1979. �;. ,..... Notary Pub ic, State of FlcSr a' at large My commission expires: NUTARY PUBLIC STATE OF FLO&IDA AT LARGE MY COMMISSION EXPIRES NON. 21 1981 60NDED TMRU GENERAL INS. UNDERWRITEA STATE OF FLORIDA SS: COUNTY OF BROWARD ) COMMUNITIES TITLE COMPANY By S. J. LMRKMAN, 6 j,;Tre-sident �'- I certify that on this day, before me, a Notary Public duly authorized in the state and county named above to take acknowledgements, personally appeared S. J. Workman , to me known to be the person described as President of Communities Title Company in and who executed the foregoing instrument and he acknowledged before me that he executed it in the name of and for that corporation, affixing its corporate seal, and that he was duly authorized by that corporation to do so. Witness my hand and official seal in the county and state named above this 31st day of July , 1979. Notary Publi,6, State of Fnrca at large My commission expires: . NUTARY PUBLI( STATE OF FLORIDA AT LARGE MY COMMISSION EXPIRES NOV 21 1981 BONDED THItU GENERAL INS UNDERWRITERS M.C.C. CONSTRUCTION INC By �. _j OBERT L. McINTtRE J'V"f Vice president STATE OF FLORIDA ) COUNTY OF BROWARD rl' C'7 • I certify that on this day, before me, a Notary Public duly authorized in the state and county named above to take acknowledgements, personally appeared Robert L. McIntyre , to me known to be the person C described as Vice President of M.C.C. Construction, Inc, , in and who executed the foregoing instrument, and he acknowledged before me that he executed it in the name of and for that corporation, affixing its corporate seal, and that he was duly 0- -authorized by that corporation to do so. 1 Witness my hand and official seal in the county and state named above this 31st day of July 1979, t. -Notary Public,, State of Firrr;>.dat at largef. My commission expires. NOTARY PUBLIC STATE (UF ILURIDA Al Iw,l MY COMMISSION EXPIRES NOV 21 1981f,. ••'�- -•' r SONDED THW GENERAL INS . UNDERWRITERS I STATE OF FLORIDA ) SS: COUNTY OF BROWARD ) MARGATE DEVELOPMENT CO. INC. B Y S. J. VORKMAN30 �' - President. I certify that on this day, before me, a Notary Public duly authorized in the state and county named above to take acknowledgements, personally appeared S. J. Workman , to me known to be the person described as President of Mar ate Development Co., Inc. in and who executed the foregoing instrument and he acknowledged before me that he executed it in the name of and for that corporation, affixing its corporate seal, and that he was duly authorized by that corporation to do so, Witness my hand and official seal in the county and state named above this 31st day of July , 1979. Notary Public, State ak=FIY�da at large My commission expires t NUI ARY vuBL I C Si A'1 OF FLOR 11), A 7 1, `;'•, 4 ; MY COMMISSION EXPIRES NOV 7i ;qh BONDED THRU GENERAL INS UN7ERWR1'US' SELECT COMMUNITIES REALTY, INC. By 1ER6 <ROBT L. MCI , JIR. Vice President STATE OF FLORIDA ) COUNTY OF BROWARD ) x�c rnr I certify that on this day, before me, a Notary Public duly authorized in the state and county named above to take acknowledgements, personally appeared Robert L. McIntyre, Jr. to me known to be the person described as Vice President of Select Communities RealtY, Inc. , in and who executed the foregoing instrument, and he acknowledged before me that he executed it in the name of and for F-+ that corporation, affixing its corporate seal, and that he was duly .�• authorized by that corporation to do so. Witness my hand and official seal in the county and state",named above this 31st day of Jul , 1979. Notary Public, torte, ofYlotida at large My commission expires:, NUTARY PUBLIC STATE OF KOItIDA AT LARGE MY COMMISSION EXPIRES NOV 21 1981 BONDED THRU "NERAL INS, UNDERWRITEAS - - ..,,,M I STATE OF FLORIDA ) SS: COUNTY OF BROWARD ) TARPON CONSTRUCTION CO.. INC. By tcc f OBERT L.�K(cINT _R;_ 'IV-iae President • V) - I certify that on this day, before me, a Notary Public duly authorized in the state and county named above to take acknowledgements, personally appeared Robert L. McIntyre, Jr, to me known to be the person described as Vice President of Tarpon Construction Co.,_ Inc. in and who executed the foregoing instrument and he acknowledged before me that he executed it in the name of and for that corporation, affixing its corporate seal, and that he was duly authorized by that corporation to do so. Witness my hand and official seal in the county and state named above this 31s t day of July - - _ , 1979. Notary Public, State ofr• 1 dam' at large - I My commission expires: NUTAR� PUBLIC; STATE OF FLORIDA AT LARGE MY COMMISSION EXPIRES NOV 11 1981 BONDED THRU GENERAL INS UNDERWRITERS TEX-APT. INC By S. J. yoRKMAN, President STATE OF FLORIDA COUNTY OF BROWARD ) I certify that on this day, before me, a Notary Public duly 00 authorized in the state and county named above to take acknowledgements, p personally appeared S. J. Workman , to me known to be the person ".r7 described as President of Tex -Apt, Inc. in and who executed the foregoing instrument, and he acknowledged before me that he executed it in the name of and for 1--+ that corporation, affixing its corporate seal, and that he was duly authorized by that corporation to do so. Witness my hand and official seal in the county and state,"' tii e�i'''• �. above this 31st day of 1979. r• :' K `- w. ev 3 _ Notary Public., State of F & da at large My commission expires: NUTARV PUSLI C STATE OF FLORIDA AT LARGE MY COMMISSION EXPIRES NOV- 21 1981 BONDED TNRU GENERAL M • UNDERWRITEG Witnelses i STATE OF FLORIDA SS: COUNTY OF BROWARD ) e IR m a �•• By S. J. ORICMAN, resident I certify that on this day, before me, a Notary Public duly authorized in the state and county named above to take acknowledgements, personally appeared S. J. Workman , to me known to be the person described as President of CGI Develo Co. in and who executed the foregoing instrument and he acknowledged before me that he executed it in the name of and for that corporation, affixing its corporate seal, and that he was duly authorized by that corporation to do so. Witness my hand above this 31st day STATE OF FLORIDA COUNTY OF BROWARD ) and official seal in the county and state named of July , 1979. t Notary Public F,' State 8f.e"Fl-0r da' at large My commission expires: NUTARY PUBLIC STATE OF FLORIDA AT LARGE ' MY COMMISSION EXPIRES NOV. 21 1981 OONDED TNRU GENERAL INS. UNDERWRITEN TAMMAC BUSINESS ASSOCIATION, INC. By J �T� RIS H. SN, President I certify that on this day, before me, a Notary Public duly authorized in the state and county named above to take acknowledgements, personally appeared Doris H. Swanton , to me known to be the person described as President of TamaxaC in s , in and who executed the foregoing instrument, and he acknowledged before me that he executed it in the name of and for that corporation, affixing its corporate seal, and that he was duly authorized by that corporation to do so.. Witness my hand and official seal in the county and state named.'.. above this 31st day of July , 1979. �c2 Notary Pu 1i , State.Of Xjo ri da.=`- at large My commission expires.: .. IAR� r. NC1 `•'•{.i.: LUAIDA AT LAM, '':•.,... MY ,-Omm '.',: r 4S NOV 21 1981 SONDED TNRU GLNZkAL INS • t1NDE1W&j= Vol r 00 H 3 WitAasge WILLOW CREEK CONSTRUCTION CORP. By G S. J. RKMAN, residett STATE OF FLORIDA SS: COUNTY OF BROWARD ) .•^+' I certify that on this day, before me, a Notary Public duly,-,. authorized in the state and county.named above to take acknowledgements, personally appeared S. J. Workman , to me known to be the person described as President of Willow Creek Construction Corp._ _ in and who executed the foregoing instrument and he acknowledged before me that he executed it in the name of and for that corporation, affixing its corporate seal, and that he was duly authorized by that corporation to do so. Witness my hand and official seal in the county and state named above this 31st day of July , 1979. Notary Publi , State of Florida`.; at large My commission expires: NOTARY PURL IC STATE OF FLORIDA AT URGE -' MY COMMISSION EXPIRES NOV 21 19a1 IONDED THRU GENERAL INS • UNDERWRITERS STATE OF FLORIDA ) COUNTY OF BROWARD ) TAMAMC UTILITIES, INC. I certify that on this day, before me, a Notary Public duly authorized in the state and county named above to take acknowledgements, personally appeared Robert C. G1uth , to me known to be the person described as Mycr—President of _Tan rac Utilities, Inc. , in and who executed the foregoing instrument, and e acknowledged before me that he executed it in the name of and for that corporation, affixing its corporate seal, and that he was-'dtil'y,�... authorized by that corporation to do so. ... - Witness my hand and official seal in tWcountyek1e--named ;r above this 31st day of July , 1979 Note�,,,df Flor' a at arge My commission expires: :..,.'�• #ROTARY RIN.IC STATI; CF RmDA AT LARCH Mr COMMISSION VVIR$ MAR. IS 191112 •OM= THW GRIM INS.LwDQWRITUS A W CGI MANAGBOU, INC. By S . J. ORI MM) c i Presicleri STATE OF FLORIDA ) SS: COUNTY OF BROWARD ) I certify that on this day, before me, a Notary Public duly authorized in the state and county named above to take acknowledgements, personally appeared^ S. J. _ Workman_ _► to me known to be the person described as President of CGI Management, Inc. in and who executed the foregoing instrument and he acknowledged before me that he executed it in the name of and for that corporation, affixing its corporate seal, and that he was duly authorized by that corporation.to do so. Witness my hand and official seal in the county and state named above this 31s day of July .1979. �..,. W e. Notary Public State of Florid at large 7� .� . My commission expires: •' • :��.` NOTARY PUBLIC STATE OF FLORIDA AT LARM MY COMMISSION EXPIRES NOV. 21 1981 BONDED THRU GENERAL INS, UNDERWRITEN CGI REALTY. INC. By STATE OF FLORIDA 1 \!r COUNTY OF BROWARD ) �T I certify that on this day, before me, a Notary Public duly C authorized in the state ang county named above to take acknowledgements, :C personally appeared Rober L. McIntyre, Jr. J to me known to be the person described as _ President of in and who executed the foregoing instrument, and h-+ he acknowledged before me that he executed.it in the name of and for that corporation, affixing its corporate seal, and that he was duly authorized by that corporation to do so. Witness my hand and official seal above this 31st day of July , in the county and state .nkmed••�.. 1979. '= 1 ; Notary Public, State of Flo ida'•` at large, • r:::�•�.'. My commission expires; `••�''". NUTARY PORLI C. STATE OF FLORIDA AT LARCH MY COMMISSION EXPIRES NOV. 21 1991 RONDED THRLI GENERAL 06. UN7EI M MS r....,,,.q�....n_-a�an.:�:-�ri...i..rWi!k: v-..-rr,.�.mrMV"v.Fii.•'. ., .. ,,� �. , STATE OF FLORIDA ) SS. COUNTY OF BROWARD ) NORTH BROWARD ASSOCIATES, •a Joint Venture By: LEADERSHIP HOUSING, INC. Managing Joint Venturer...... . ;z, , By 5. ORKMAN, ident �w F: '. C: I certify that on this day, before me, a Notary Public duly authorized in the state and county named above to take acknowledgements, personally appeared S. J. WORKMAN, to me known to be the person described as President of LEADERSHIP HOUSING, INC., Managing Joint Venturer of NORTH BROWARD ASSOCIATES, a Joint Venture in and who executed the foregoing instrument, and he acknowledged before me that he executed it in the name of and for that corporation, affixing its corporate seal, and that he was duly authorized by that corporation to do so. Witness my hand and official seal in the county and state named above this 31st day of July, 1979. 7, Notary Public,,State of Fl9rid4 at large <` My commission expires: NUiARY PUBLIC STATE OF FLORIDA AT (ARQ � MY COMMISSION EXPIRES NOV 21 1,9 SONDED tHRU GENERAL Pa. UNDERWtIT 81 r THE MARMCN GROW ,_INC. 1000 By ROBER'I' C. G Executive Vice President STATE OF FLORIDA ) SS: COUNTY OF BROWARD ) I certify that on this day, before me, a Notary Public duly authorized in the state and county named above to take acknowledgements, personally appeared_rt Gluth _. to me known to be the person described as Exec. Vice President of The Marmon gKaup, Inc. in and who executed the foregoing instrunie' t' and he acknowledged before me that he executed it in the naml--'ri for that corporation, affixing its corporate seal, and that_i�e',;wag, dii3. authorized by that corporation to do so. �� '': T ow � • . Witness my hand and official seal in the county and s-E-at above' this 31st day of� July _ , 1979. Notary , Sta Florida:.. at large My commission expires: NOTARY KaLIC STATE OF FLORIDA Al LAKI My COMMISSION FJpIRB MAR- 13 1952 octm TM GH*JA INS. L*4D0 RITERS R NO3 3114 Vice President rrjl�`:A STATE OF FLORIDA COUNTY OF BROWARD ) �O I certify that on this day, before me, a Notary Public duly authorized in the state and county named above to take acknowledgements, personally appeared Robert C. Gluth , to me known to be the person described as Vice President of GL Corporation in and who executed the foregoing instrume� acid .. „. . he acknowledged before me that he executed it in the name of .aiid'Jor�Y. that corporation, affixing its corporate seal, and that he waA'duiy _ authorized by that corporation to do so. Witness my hand and official seal in the county and st�e,;.riamed�. 31st day of July , . ti above this Jl1979 Notary i , ate of Flori at large My commission a pires: NOTARY MALIC STATE OF R.ORIDA AT LAME My COMMISSION W416 AM.13 1982 SONDED UM 00" U6. UNDMWI.ITBS .-. WITNESSES STATE OF ILLINOIS ) ss: COUNTY OF COOK ) LYONS TRACT VENTURE, a Joint venture By STAON ZUNAMON a Trustee of Don Trusts No -25, under Agreement dated December 30, 1964, Joint Venturer of LYONS TRACT VENTURE I certify that on this day, before me, a Notary Public duly authorized in the State and County named above to take acknowledgements, personally appeared SIMON ZUNAMON, as Trustee of Don Trusts Nos. 1 through 25, under that Agreement dated December 30, 1964, Joint Venturer of LYONS TRACT VENTURE, to me known to be the person described in and who executed the foregoing instrument, and acknowledged before me that he executed it. Witness my hand and official seal in the County and State named above this IS- day of August 1979. My commission expires: 714sl8a STATE OF ILLINOIS ) sss COUNTY OF COOK ) Notary Pub c, State pt Illinois at large WOODMONT COUNTRY CLUB VENTURE, A Joint enture ev By ZV -- SIMON ZUNAMON,rustee of Doppelt Trusts(Ws. 1 through 11, Joint Venturer of WOODMONT COUNTRY CLUB VENTURE I certify that on this day, before me, a Notary Public duly authorized in the State and County named above to take acknowledgements, personally appeared SIMON ZUNAMON, as Trustee of Doppelt Trusts Nos. 1 through 11, Joint Venturer of WOODMONT COUNTRY CLUB VENTURE to me known to be the person described in and who executed the foregoing instrument, and acknowledged before me that he executed it. Witnu s my hand and official seal in the County and State named above this /S -a-day of August 1979. My commission expires: 71QzsyX.?, Notary Pub1 , State" o = Illinoi7i. at Large ell 00 CD r., CA sr ". ---r-w wr, I STATE OF FLORIDA ) SS. COUNTY OF BROWARD ) SUNSET DRAINAGE DISTRICT By 4ni-4T L. M I T JR. 'President . I certify that on this day, before me, a Notary Public duly authorized in the state and county named above to take acknowledgements, personally appeared ROBERT L. McINTYRE, JR., to me known to be the person described as President of SUNSET DRAINAGE DISTRICT in and who executed the foregoing instrument, and he acknowledged before me that he executed it in the name of and for that corporation, and that he was duly authorized by that corporation to do so. Witness my hand and official seal in the county and state named above this 31st day of July, 1979. STATE OF FLORIDA ) SS. COUNTY OF BROWARD ) �, may., -ram � '-,�-.�� y,-�`'• y. j Notary Public, tate of FlQ�07id&-: at large ti My commission expires: ' NUTARY PUBLIC STAT1 OF FLORIDA Al LARL;E MY COMMISSION EXPIRES NOV 21 1981 '~ - BONDED THRU GENERAL INS . WNDERw'74 LYONS TRACT VENTURE, a .Joint Venture By fe;1&'.1tc ROBERT C. GL TH, as its Attorney -in -Fact I certify that on this day, before me, a Notary Public duly authorized in the state and county named above to take acknowledgements, personally appeared ROBERT C. GLUTH, to me known to be the person described as Attorney -in -Fact of LYONS TRACT VENTURE, a Joint Venture in and who executed the foregoing instrument, and he acknowledged before me that he executed it in the name of and for that Joint Venture, and that he was duly authorized by that Joint.Venture to do so. Witness my hand and official seal in the county a above this 31stday of July, 1979. A e J No at My ale �•ri�mec�'••. - - y' tat&, cif Florida. commission expires: NOTARY PM IC STATE OF FLOR1DA Al LAB *Ay COMMISS1d1YEXPIRES MAR.13 1982 "450 TNT GEMEML 116. tJ gMft I TBS lar R.._... ..,....:..,.z.irwy.•yy.c..-'-eTY.�,x�y�.'TIP .,,`Y^wmm'•,. ... .. ,.. 4�.�:.,...... �......-. --�.mx.: .,:. - ...�+x::.w.ia-h w-•`.GmsW+Yi'r WOODMONT COUNTRY CLUB VENTURE, a Joint Venture By ROBERT C. GLUTH, as its Attorney -in' -Fact STATE OF FLORIDA ) SS. COUNTY OF BROWARD ) I certify that on this day, before me, a Notary Public duly authorized in the state and county named above to take acknowledgements, personally appeared ROBERT C. GLUTH, to me known to be the person described as Attorney -in -Fact of WOODMONT COUNTRY CLUB VENTURE, a Joint Venture in and who executed the foregoing instrument, and he acknowledged before me that he executed it in the name of and for that Joint Venture, and that he was duly authorized by that Joint Venture to do so. Witness my hand and official seal in the county and fate named above this 31st day of July, 1979. n 11t'111,.,, A I No ry u 1 Sta we o ---F1ok id at large;NV My commission exp_-ros. NOIARv P:r6'. '(- STATE Of MY CUMr.1R�L.ARGE,'' ON EXPIM K)NDED THRU GENE kAL INS SECTION SEVEN ASSOCTATA,I;�� Joint Venture tlllt By: LEADERSHIP HOUSING, .,."I.NCib, `. Managing Joint VentU'T(0r11, C, ' By S. J. ORKMAN:,1 P s''dent 40290)Al497;1 SS. COUNTY OF BROWARD ) I certify that on this day, before me, a Notary Public duly authorized in the state and county named above to take acknowledgements, personally appeared S. J. WORKMAN, to me known to be the person described as President of LEADERSHIP HOUSING, INC., Managing Joint Venturer of SECTION SEVEN ASSOCIATES, a Joint Venture in and who executed the foregoing instrument, and he acknowledged before me that he executed it in the name of and for that corporation, affixing its corporate seal, and that he was duly authorized by that corporation to do so. r� Witness my hand and official seal in the county and state named `- above this 31st day of July, 1979. ':- Notary Public,/State of FLoa�tdg at large My commission expires: NOI ART PILAU C STATE OF RDR IDA AT (AbCE r, c.... . Mr COMMISSION EXPIRES NOY 21 1981 /ONDED THRU GENERAL INS UNDERWRITERS w WITNESSES STATE OF ILLINOIS SS: COUNTY OF COOK I SIMON ZUNAMTrustee under the provisions of ertain Trust Agreement dated December 1, 1972 and known as Trust No. 101 I certify that on this day, before me, a Notary Public duly authorized in the State and County named above to take acknowledgements personally appeared SIMON ZUNAMON, as Trustee under the provisions of a certain Trust Agreement, dated December 1, 1972, and known as Trust No. 101, to me known to be the person described' in and who executed the foregoing instrument, and acknowledged before me that he executed it. Witness my hand and official seal in the County and State named above this 16 �wdayof August, 1979. My commission expires: 7J.z51A0A WITNESSES STATE OF ILLINOIS ) SS: COUNTY OF COOK ) Notary ct State of Illinois•at large 4 YENUDA BEN-ARIEH, as Trustee under a certain Trust Agreement, dated November 1, 1976, and known as Trust No. 18 I certify that on this day, before me, a Notary Public duly authorized in the State and County named above to take acknowledgements, personally appeared Yehuda Ben-Arieh, as Trustee under a certain Trust Agreement, dated November 1, 1976 and known as Trust No. 18, to me known to be the person described in and who executed the foregoing instrument, and acknowledged before me that he executed it. Witn14- ess my hand and official seal in the County and State named above this is — day of August, 1979. My commission expires 71Q s/8A Notary Pu4lit;r ,. -; �'•. State of Illinoiij ai "rge , \ .., . .....-. .-, .,,.xnm..-.�x.. ..y..w.,,.-....w..,"��-,•v,*r--ter.`erg-ns-+nnwa��••r.vr-r..._.:,,.... w....:�-.,., ,�..: �...�.�. o.�. ,. ... � ,,..,..... .- .. 7q A 66 , SIMON ZUNAMON, as Trustee under the provisions of a certain Trust Agree- ment, dated December 1, 1972, and known as Trust No. 101, by ROBERT C. GLUTH, as his Attorney -in -Fact STATE OF FLORIDA ) SS. COUNTY OF BROWARD ) I certify that on this day, before me, a Notary Public duly authorized in the state and county named above to take acknowledgements personally appeared SIMON ZUNAMON, as Trustee under the provisions of a certain Trust Agreement, dated December 1, 1972, and known as Trust No. 101, by ROBERT C'. GLUTH, as his Attorney -in -Fact, to me knonw to be the person described in and who executed the foregoing instrument.,,,,,. and acknowledged before me that he executed it. ,: Witness my hand and official seal in the county and to •n&ied�y above this 31st day of July, 1979. NotcfryZiv,Vepires: ate o�k.,Flar at larg "r<<, My commi I n NOTARY M I C STATE OF F'LOR I DA AT LARGE MY COMMISSION EXPIRES AMR, 13 1982 DONDED "M GOCRAL INS. UNDERWR I TERS rkeA�C4 YEHUDA BEN-ARIE , as Trustee under a certain Trust Agreement, dated November 1, 1976 and known as Trust No. 18, by ROBERT C. GLUTH, as his Attorney -in -Fact. STATE OF FLORIDA ) SS. !COUNTY OF BROWARD ) I certify that on this day, before authorized in the state and county named personally appeared YEHUDA BEN-ARIEH, as Agreement, dated November 1, 1976 and kn C. GLUTH, as his Attorney -in -Fact, to me in and who executed the foregoing instr me that he executed it. me, a Notary Public duly°° "*• .'4?� above to take acknowleggem6ht,9' Trustee under a cer.iAi; 'gust•: a own as Trust No. 18 J-DyF-'RbtERT known to be the porrpn �despribed ument, and acknowledr;�e53, e£.. Witness my hand and official seal in the county and A named above this 31st day of July, 1979. 1 t Notary Pu>, S1�at of For at large My commission expires: NOTARY !'URIC JFATI OF RDKIDA AT LARGE MY CO"ISSIOH VMS MAR. 13 092 7M CALM P6 - UNDi NR = �n�..•r•- .. . LEADERSHIP ENTITIES Colony West Country Club, Inc. Leadership Cable Systems of Palm Beach, Inc. Leadership Homes of West Florida, Inc. Leadership Housing Systems, Inc. Leadership Housing Systems of Florida, Inc. Leadership of Hawaii, Inc. Mainlands Realty, Inc. Maui Land Investors, Inc. Richmar Development Corporation South Canal Utilities, Inc. The Communities Group, Inc. of Broward County Boca Housing, Inc. Broward Estates, Inc. Communities Title Company M.C.C. Construction, Inc. Margate Development Co., Inc. Select Communities Realty, Inc. Tarpon Construction Co., Inc. Tex -Apt, Inc. Willow Creek Construction Corp. CGI Construction Co. CGI Management, Inc. CGI Realty, Inc. CGI Development Co. North Broward Associates Section Seven Associates Simon Zunamon, as Trustee under an Agreement dated November 1, 1976 and known as Trust No. Lyons Tract Venture Yehuda Ben-Arieh, as Trustee under an Agreement November 1, 1976 and known as Trust No. 18 Woodmont Country Club Venture Tamarac Utilities, Inc. Tamarac Business Association, Inc. Sunset Drainage District GL Corporation The Marmon Group, Inc. Ll I We, I MO. 101 dated elu MUL= r., 70 a r-+ �O 1. . . . .i+ JUMCIAr IVCUIT OF FLORIDA, IN AND rOR .0WARD COUNTY CASE NO. 72-11731 7.EADERSIIIP LOWING SYSTEMS, ) r• ��---•�� INC., and SXMON ZUNAMON, as 7�,'.� �- Ct ► + 'Trustee, TH t '�q u Plaintiffs, ) j ) (ORDER ON MOTION FOR CLARICiCATIC �+ WIE CITY Cr TAMARAC, a -MunicipaZ corporation, Defendant. ) •r THIS CAUSE came on to be heard by me on .C.C-r.cc��- 1976, urxon Defendant's Motion for Clarification of the Order herein entered on November 4, 1974, and plaintiffs' Response to Motion � n for Clarification, and the Court having considered said Motion and i� Respon;,= ,,and by agreement of the parties having considered the ipleadingm and evidentiary record of the prior proceedings herein as if s=:h evidence had been reiterated at this hearing, it is thereupc= ERDERED, ADJUDGED and DECREED as follows. I-. Defendant's notion be, and the same is hereby granted �.� upon the terms hereinafter set forth. l i Z. The terms of this Order apply to those portions of the ij lands foi-ing the subject matter of this cause, to -wit; All Of Sections 4, 5 and 6, Township 49 South, Range 41 East, ancT that part of Sections 31, 32, 33 and 34 East, lying South of a line parallel with and 206•00 feet South, as measured 'at right angles '� to the South right-of-way lino of Canal C--14 of Central and Soutbcrn Florida rlood Control District and Bast to the centerline 7 of N. W. GGth Avenue ricjt,t•-of-•way, as recorded in Official Records nook 4747, Page 1G3, of the Public T&cord,, of Broward County, Florida, 14 rn� Ir i IT W EXHIBIT II .. •. Plaintiffs, or either of Viem, which lauou will be roCnrrod to in this Orde-r as the `Subject Lands", and the terms of this Order shall be binding upon and inure to the benefit of the parties to this -Acause, and their successors and assigns. 3. Plaintiffs, on behalf of themselves, tlieir successors .and ass gns, have voluntarily agreed to comply with the following Ordinance.. of Defendant, to -wit: 72-8, 72-14, 73-30, 73-31, - •' 73-34, 73-42, 74-6, 74-26, 74-28, 744Z:` 74--50, 74-57, 74-61, - .=75-19. 76-7 and . 4.-Based.upon the record and representations of the parties, -this Lbu=t finds and decrees that tho following Ordinances of Defendant -City are: inapplicable to the "Subject Lands", except to the extent plainly ffs have agreed that the same shall be effectual by reason of the l+clow•set forth voluntary limitations agreed to by Plaintiffs: . A. The densities for residential dwelling units • established by the Code of the City of Tamarac are inapplicable. Annexed hereto as E.)d7ibit "A"• is a schedule which .. , deescribes portions of the lands ,above described, as to which fee simple title is presently vested in Plaintiffs, or either of them, which are zoned for residential use. Plaintiffs have agreed to reduce the maximum permitted density of residential dwelling units which may be constructed upon the tracts shown upon >;xhibit . "A" to those densities reflected as to each such tract won Ekhibit "A" undor the column captionod "Agreed Maximum rk:rsity", and Plaintiffn, their riuccouvors and assigns have the vcutod right to fully utilizo the "Subject Lands"for the conntruction of roaidonLial E1W01.1.i.11 unit++ •- 2 — . aa� F� Q • r� 00 ► :J 014:11.1ucL M LuL, UL Up Lu ✓,+ UWtJLA.414(J U10I.:1 C"v1 i 'Y5 : 0 ;• • said landn. The column upon Exhibit "A" entitled "Density .' Planned" rlbpresentsl the P3a,as' intentions for developmentt 6' t]ie 'landa c�scri�ed thereon', subject to the provisions of Not more than a total of 9,134 residential dwelling units nay be constructed upon all of the lands described upon Exhibit "A", nor may move than M, of the units permitted . '. mad4o Agreed ;N mum Densities For the: lands commonly - h - 46fftl d to as "Section Four", which are described upon ;amexedhereto, be constructed upon the lands ss#`"Section Fein% nor may there be constructed upon _ -any tract described upon Exhibit "A" a greater number of xesi(leutial dwelling units than that derived by multiplying the acreage of such tract, as reflected upon Exhibit "A", by the permissible maximum density for such tract, as xeflected upon Exhibit "An under the column captioned "Agreed Maximum Density". B. Ordinances No. �71-23, '71-37 arid; 72-28�(Subdivision =mprcnrements) are applicable to the "Subject Lands", except. 1) Portions of canals abutting said lands must be -ba13:headed with seawalls only if the tract of land abutting such portion is improved with. a) A single family or me -story multiple family dwelling building, the foundation of which is less than 21 feet from the right-of-way of a canal as • reflected and described upon the instrument of dedication of said canal, or if the slope of the land lying within the first nine (9) foot from the foundation is'substantie%11 steeper than a gradient of 10 to 1, or the slope of tho land lying between • vino (9) and twenty-one (2n) foot from the foundation �n rn � c� TrTr i �.N M 00 1' _ ;.. .. .• :r.� r•; ?'• '.' �'. �..t^ ti' , ,,. .. --• .. e. zr' .i.► •vim a�.. .e., • ox t�uv��Sa�n�l • b) A two-stoz or- dwelling building, the foundation of which is less than ' twenty-five ( 5) feet from such canal right-of-way, •mr if the slope of the land lying within the first .nine (9) feet from the foundation is substa►ntially'' steeper than a gradient of 10 to 1, or the slope of the land lying between nine (9) and twenty-five (25) meet from the foundation is tubaigntiallik steeper • _. T than a gradient of 3.5 ;to 1. Gradients referred to • iA ,paxega aphs ) and b) above herein shall be computed �dtiiizing a a3 sign water level` of 7.0 feet above • met" sea level lat the right-of-wayline. The. term "substantially steeper", as %i d "in 'paragraphs a) and • b orein shall preclude a variation of over ten _ x cent. If such seawalls are required pursuant to the above provisions, they shall be constructed in .accordance with the standards for seawall construction required as of the date of this order by City of D Tamarac Ordinance No. 71-23,•as•amended by Temporary- p -"�� Ordinance 36S.enacted on June 9, 1976. Such seawalls 7E7'Z shall only be required to be installed along that the boundary lying between portion of of such canal �yQ the extension of those perimeter b oundaries,of a tract perpendicular (or approximately perpendicular) to • tIrki canal right-of-way, which dorm the boundaries of the tract of land, upon which the building or buildings to be constructed within said 21 or 25 ft. area from the canal right-of-way 4 WMW • .may^y, m ll0�0 1� -�-..... -- ._ --._� ___. _-�.�.��.�..W..-_��..-'�="ra :. - - -..--, -. ��.-- ._., T.«-.. r.�-....-. •-•-r:�-ter arc r�'tuated, or C the tracts as to which a nteopor gradiant than that above permitted &-xists. Such seawalls shall be constructed prior to the time of is of a certificate of occuppLncy for the dwellings to be constructed capon the lands to be bulkhcaded, and the absence � y • of such seawalls shall not entitle Defendant to -delay, deny, prohibit or fail to promptly grant ' ~ '_any other processing or approval of applications concerning such lands, nor shall the Defendant' zo do. •. 2) Section.111 A of ordinanceIf '7.1-Z3 shall allow the approval.by the City Engineer of alternate methods of �spil stabilization•• to the method enumerated in said -section. 3) Section IV F3 of Ordinance%71•-23�shall allow • *khirty (30) foot rights -of -way with sixteen (16). feet of paving where twenty-five (25) or fewer dwelling units are served by said right-of-way, instead of those -� • •-provisions set forth in said Section hewer,, where th:° ;fAw ay i fifty (50) feet'+M+bra, the paving �y •a�>st.bta l ss than twenty.- (24) feet" in widt. r.. A" 4) In lieu of Section VD5 of ordinance 71-23, the following design criteria shall apply: - •l ! (1.) na %!Rp�l. formula is."to to be wsac . (Q. equals , . (2) Co fficient of Runoff (C) shall be 0.9 'braved, roofed and otlzar imper'viovs areas, and a minimum of '0,3 for grassed areas, and a.j►arttt+a {�,5 fpr pawed areas. r , (3) Intensities shall ho Onrived from the; data ! fur i,:slaed by tb, r lvrida bepart.mclit of; Trti rport.iti.on. wi ich del.i.na ►trq i ntE.nniticii for a 3-year dcaign uLorm in the Miami, Florida, area. i put= r„,m a C.J CA AIN (4) 1.' nnisigs I "n"~ Z`f#oi nt o, > Roughness) � v'Mat"21 be" 0.013 for concrete pipe or fully paved corrugated metal pips and i 0.024'for pldin Corrugated metal pipe (5) T c minimum strotf or gutter gradient a a 1i be-'`A.41G. (6) X lots, hojl0o#'.11s, ".ma►nholars and other d inagte tr"gyres, shall be of a t sign approved by the City. Engineer. ; r Rowevthe City Engineer may permit the use of other design criteria and materials where such criteria and materials will achieve adequate odrainage. In the event that the Central and ... Southern Forida Flood Control District makes a datermi" tion that other design criteria or materials re required, then such determination shall supe�sede the criteria hereinabove set forth. 5) Section V D2C of the Subdivision Regulations annexed to Ordinar-ce 71.-23 shall be inapplicable except to the extent set forth in Paragraph 4 B 1) above of this Order. 6) In lieu of section XII A 2b of ordinance ,71-23,1 the following standard shall apply; "As -built drawings of service laterals shall only be required with respect to vacant lots." 7) in liculof the detail spccifica"tions set. forth ii sectio� X II.A of Ord inanco .71-23,. those. tail specifications set forth upon Exhibit at-exed Hereto 1hall apply. • "8).: Ordinance'71-37 shall permit as an alternate to •tbe provisions thoreof the use within any subdivision of street -name signs not in accordance with tho provisions thereof, providod that:..such Signs aro of uniform design, material and installation within such cul)clivision. :oo rn T, Cj T1 T tT1 •� j�.•: ,��„ •Y.•t}r tiY:�.Av�;r,.r� �. yl�.: � r �• t' � � �«,/l. �w r F�':.Y .+.: •'9;•�,..+' .. ��-� ••..y"•d�" a1 it 1 Y- \ lation of bridge:-. over "sacon__ y canals" as such term is used in this Ordinance, unless Plaintiffs so dociro. � 1 4 Xif�:it eet' cross'ng culvert installations phall ,be piotvOt"ad from ej osion by either bulkheads or dad walls • C. A11 Ordinanclles of the Defendant requiring the installation of sidewalks are inapplicable except that: - 1) Sidewalks shall be installed•only upon the ., •'foylowing portions of the lands above described: w " a) The West'side of Northwest 88th Avenue from McNabb Road to southgate Boulevard;. • :� b) The East side of Northwest 100th Avenue ,from Mcllabb Road to Southgate Boulevard; c) 'The N xtli silo -of Northwest.77th Street from Northwost 88th Ave. to Igortliwest 100th Ave. Such sidewalks shall be constructed to a width of 5 ft., and otherwise in accordance with the pro- • visions of the City of Tamarac Ordinance No.i74-58- " • as the same exists as of the date hereof. Such side- walks shall be constructed prior to the 'timb of ' • issuance of certificates of occupancy for the dwelling mnits or other structures to be constructed upon thq . hands abutting the sio ewalks to be installed, and the absence of such sidewalks shall not entitle Defendant to,delay, deny, prohibit or fail to promptly grant any rdther processing or approval of other applications • concerning said abutting lands, nor shall the Defendant so dQ. It is specifically intended that the sidewalks.. • may be installed in stages as construction upon abutting lands occurs. Plaintiffs shall, prior to 100 days from the date hereof,'post a surety bond with Defendant•i.n the rum of $63, 00.00.`to inure completion of such aidcwalks. Such hone] shall provide that the G'f rn obligation thee-0-under shall reduced pro tanto as Portions of the sid cwalks are completed and/or the -�obligatiom to construct portions thereof is assumed -and.banded by others. . 3) Walkways,'within the boundaries of a tract ' used for a multiple family residential project (containing 10 or more connected dwelling units) shall lee installed to lead from residential buildings to - Farking'areas and recreational areas, where necessary, ' Irnr the safety of the residents thereof. ' ZII Ordinance No. 74-31 (Impact Analysis)is inappli- cable except that the provisions thereof j•as the same exist - .as bf the mate hereof, shall be applicable to said lands -only with respect to applications filed .after :January .1, ; • 7ria:c}t�d a special exception, variance or rezoning " wrtmining to such lnds. - E. Ordinance No. 174-•65� (Grade of Building) is in- applicable except -that the elevation •of the finished floor slab of any building containing one or more residential dwell.iiag'units shall not be less than 18 inches above the crown of the road adjacent to and in front of the tract -of land upon which such building is situate, as determined - at the center of the front of the building, nor less than ...11.5 feet above mean sea level. F. 'Any Ordinances of Defendant•impasing limitations i '-upon the baight of buildings are inapplicable, except that�� there may rc,,t be constructed upon any tract described upon" Mchibit "A" a building exceeding thrco stories, or forty 3 �(40) feet in height. rn ^n l DO G•S r� M • . R. � •. •'•�ti-+'' ' - _• I �P. ,~ � r. 1. - ,fir ,• ti, .r• ' .. •. r' - '� �';' '�-y G. All restri►Lions, standards, requirements and ° 'limitations provided in the Zoning Code of tho City of Zama•rac are applicable only to the extent set forth herein. The zoning classifications areflected upon • - .Fachibit "A" annexed hereto under the columri captioned , • "City Zoning Category" refer to classifications under the•Code of the City of Tamarac as the same exist as of .•'• the (Tafe hereof. Atltache'd hereto as Exhibit "D" is a .ri - Uft V ` Ordinances of Defendant with which Plaintiffs Steal;.agwply, as the exist as of the date hereof, subject t:. -to tt�*t terms and conditions set forth in said Exhibit `!D' ShouU such-Ordinanc s, or any of them, 'be -,amended byl •^ ~ � x af*a44nt,, Plaintiff may' comply with such amendments: V. Ordinances No. 74-3, and 74-1G-',(Beautification and .Land taping) are inapplicable tQ t .,Edo,velopmont standards, - c �r 4nd 3rQcQdukes relating to lands to be used for residential uN purposes;` the same shall apply to lands to be .. , used for ccmmercial use. Iiowever, for each residential dwelling unit constructed, there shall be installed upon the t.•--act containing such unit at least one tree of not less t;5an ten. (10) feet in height or two (2) trees of not less than eight (8) feet in height. Each tree existing upon a tract prior to construction, which is not removed,shall be credited against the above requirements, regardless of location upon the Tract. I. Ordinance 76-10(Road Standards) is inapplicable except t that with respect to those roads upon which are constructed medians, Plaintiffs have agreed that such medians' shall bo solid :oddcd with Dania grasa, and thoro nhall bo provided .. g .. O m 00 J. Ordinance A-25 (Street Lighting) is inapplicable. Howover, prior to final Site Plan approval for any tract of land, tlese will be furnished to Defendant a letter fxom Floridta Power & Light Company (r.P. & L.) with respect -to such Tract stating: 1) F.P. & L. has received an<l rr.v.i.awed the plan for the development of ruc)i Tract, and 2) F.P. & L. will install ;,tract lighting for said Tract in accordance with the provisions of ' Ordinance•74-25 upon execution by Defendant of a contract therefor; • :and the underground wiring otherwise serving the tract shall be of suzfficient capacity to serve the required street lightims. Both parties shall promptly doh all, things required of thezm hereunder so as to enable .the street lighting to be instalIad'prior to completion of construction of the residences to be built upon the tract; provided, however, that. with respect to any tract for which the site plan applicant agrees to install street lighting which nieets.with DoC.andarlt's �I--approv.-A, such letter need not be supplied. i K. Ordinance 71-22 •(Platting) shall be applicable, excepts rOT)tr tti+t't?aN.! • 1) Section 3D3d shall permit the sca10 of any drawing to be not lcrr; th,an one inch equal 200 fact Ar , attorclaixce wit»il' st cTaxd RrQ►�taa.lga ,t � by,:s4la+� app opriato' / 4y:"p Browa'rd County, r1orida. y • 2). Section 4n1Gc shall be npPlicablc, except. that the minimum centerline r-ldii for horizontal curves of minor strdcts with subdivisions shall. be fifty feet rather than bne hundred an fifty (150) feet. 3) Section 4n12a is[� tl�''�il1 1:1C1tzG�t`1`t(rt•+' �tifl+tl3� !>, til"'; 9 IDNC All 'not O.XC "!•"ri ri1�C'ittltrtli*t�tt tfifl�) ;4.IrtU j%n krcnnn w.1y or i.nt:nrniirt:ion t) �J T Q G-f m ZM i � - �,•i N1 '�'� � L �r� �.�-' lam" '�- �!..�.,..t,�y • ' tr? Cnfoz Ct.against the own '9 of the "St.act Lands", their succosQorn or assigns, &iiy Pr4Ihanca � f Defendant which directly, indirectly or • irk,64,04y-*1 scat p uld contravene either I tii,i;s. Order, the Order ent.e,ta4" b*" an April 13 # 1973, or the order ent9ged herein, on r 6. Defendant is hereby required and ordered to }process thone applicatiats and permits which"miAst"be filed by Plaintiffs, their successors and assigns, with respect to the "Subject Lands" pursuant • ,-to-1;.3ie-psrrvisions of.:this Order and the prior Orders entered herein, •-and to mule inspection of those improvements of which inspection by * Defendant- is tregadred pursuant:, to the provisions pf • this Order.; and prior vriers ente=ed herein, and to charge for such services only those valid fees prescribed by the Ordinances of the City of Tamarac for sua:ln applicat<i:ogs, processing and inspections. The -vested rights of Plaintiffs, their successors and assigns to use, develop and improve the "Subject Lands" remain as x• stated zm the Or-Ser herein entered on November 4, 1974, which is .hereby ratified, reiterated and incorporated herein by reference, except�inc only to the extent the same is modified by this order.. to. Plairatriffs' rights, as provided in the order of November 4, 1974, are preserved, and the Ordinance' of proward County, Florida, described in paragraph L on page 8 of said Order and designated Plaintiffs",Exhibits 6 and 7, constitute the development standards 'applicable to the "Subject Lands", as to which the rights of Plaintiffs, their succe.-sors and assigns, are vested, except to the extent , Plaintiffs have agreed to less liberal standards by their voluntary limitations described in this Order. r, " X C P -T• Pr-9 I61 (+hS Q Q-1) . INC( QV�'� ro r�ny^n 1 on') t$ C'J \ J � `I.I ZZ I Excupt as hex in nIoditicd s+ R_iIILCLL)LeLud LhC VLWUL:a of ,Apxl13} ';73 and t«vber 4, 1974, remain in full force and effect, and the Court retains jurisdiction to enforce this Order, e 13, IP'3,and the Order of November 4, 1974,4A,., J7 0 t5 andithe parties -*re hereby ordered and directed to comply with the provisions of this Order-. The torps of the Orders of April 13, 1973 and November 4, 1974, entered ihtt'a11 lands corbai s �► n 010 lega Ildescription _-forth ip ftragraph 2 tx :�7•E+�d"9b I of'4:h-is Ordai, whether pr sently owned by Plaintiffs or by others, ;ug shall be deve1 ;,v ba#tto the proy'i ns of the ordinances a)Dd regulAt5ons of BKowarCounty, Florida in effect on December 31, �_�-- 1"_"I2. The yzovisions of (this order, however, apply ,only to those ' Fccrtions of said lands which are presently owned by Plaintiffs car eith` " 6aThe '`v�ners of other portions of said lands kether tha:a Plaintiffs) are entitled to enforce the provisions of .4said_prior--Ordcr-a entered herein, but may, should they so desire, voluntari.l.y istipuiate with Defendant, by written Stipulation filed herto modify the provisions of said prior Orders as they effect the lands' w+�d by Ja d other persons, upon terms and con- ` dlitions Mutually •agreeabile ,to said owners and to Defendant, and ~lash Stipul.a1400 $tny pravitc for the entry cifan ex parte Order tn2reon: ` DONE and ORDERED in Chambers at Fort Lauderdale, Broward COLVIty, F1ctxida, this - day of i�C �-r�•` 1976. LPPIS WEISSING CII;CUIu' .IUUC;L -13- - raT+ 00 • �; l'rc :cnt City 'lonincl Aurred 1.1;►xi►lr►nn ilr.nrJL-y.' 1'];uu►. t.crc;.cta* County io►iincl 1)cn*:if 1'lnnnrcl* Unit._ ..^.:1 ✓ ]1.]. R-"4A R-3 1, )2.1 ' 47�/ 16.35 -- u3U ]t-•3t1 17..1 tt.5 9'/ 97 C •/ 11.50 U-311 It- 30 50 ✓ 8.20 R-1C.. It-]c - 12.1 1 ,• ;] y 7.11 R--3U R-3U 12.1 4 2G 53./ 6.52 R-3U R-30 54 12.79 R-31l R-3U 1-7.1 4 47 • 55 11.9) It-3U R-3U 12.1 4 ISO 57 37..4 R-3u R-3U ].7..1 r 0.� 51C 1G.4 to4 R-4A R-31) 1"l..l '3 33 !;a 9.61 It-4A It-3u 4 91; GG 4 24.0 R-4A R-311' 12.1 0.5 1.00 u; 1].. (tG R-4A R--3U 12.1 4 30 G2 G3 7.35 30.54 It-4A R-4A R-•3U. It-"311 12.1 4 122 ,61 G4 34.02 R--4A 11-.311 - 12.1 4 4 5G ; 41 _ Gr, •10.30 It-3u I1-3U 12.1 3.l.'I • 0.5 J57 Gl • 67A 18.53 0.33 R-4A R-4A R--311 R-3U 12.1 0.5 70 70 u 16.37 R_4A P-311 12.1 0.5 139 G9 10.57 11--30 R-3u 32.1 4 4 42 55 .• 7%) 11-30 R-3U •12.1 12.1 II'C ] 01 " 71 % - 72A 11.94 G.05 11--31) R-311 R-311 R-3U 12.1 0-� 51 72B 9.31 It-3U R--3U 12.1 0.5 0.5 79 69 • M 8.14 R-3U R-31) 12.1 1.2;1 8.5 119 7c 73 7/, 14.00 53.06 It-3U R-3U R-"su R-3U 12.1 G.5 3,5 77' 13.43 It-3 R-4A R-3 K-3U 15 12.1 15.0 0.5 7.27 114 " 221E 441.00 . * kox informational purposcs only. 3,xhibit A pa.,Q -1-- �h; r;ca'c:►,;e of (:hc Cract::: .Is abova'1i-scecl are based upon comput:cr ;,nd the same shall be r.►ibjcct to rc-cictcrtninaLian if actu:ci i'ielcl ; urvcys r.cflect:'tlla watnc r;o be inaCCUr ltC, / W C � •n �r rrl • /' � `wry . G' �./4.4. ,.�M•�.ISti• ",.,��. .,,,..�+..^ �. ��';�•r't�•w . •� '• •�14eti � / -•A••M.w•�.1:.'�., �' - ... r •��• .^r• '` •:r �•. �� •V. . Wes. - .. - �. .. 1 - •• � + _ • P xCSCllt CcityMaximum Agrcccl Acn :ity 1']..uu Couaty' zoning Catcqory x Dcnsa.t ----- I' lanncd"' "" Unit:. TxAGt l�crcage* �---- 15 2.14 13 14.31 It-3U : R-3 15 11.8 15 63 147 5.32 1#4 .9.85 R-3U R-3U R-3 15 _ 15 4G2 1'A ' 30.85 R-3U IRt-3 15 15 15 4G2 35;—i 14C 30.88 21.79 R-3U It-3R-3 R-3 1S 15 14.8 14C 1513 •, 79.97 R-3U R-3 15 15 1S 44 54 27.'!. • •. 3G:2G 1G %� R-4 R--3U R-3 15 5 4 29:. I VI14.82 19,✓ 72.50+ R-IC it- IC R-3 1S 15 11.8 250 236 23•/ 16.71.4 20.02 R-3U R-3U Rr3 15 15 15 116 • 7.; . `fig ' R-4 R-3 . R- 3 15 15 4 23G - •12 II 34 15.78 R- 4 It-3 1i-1C 5 r 1s 214 36"/ 32.11 14.26 R-3 R-3 15 i5' 1a 381. 155 37 39•l. 32.29 R-3 R_3U R-3 15 15 • -�aa 10-31 It 3 � l, � ' 4897 -412.70 .. *Tor ir,.formati.onal p:a"1?oscs only' " I:xhibitw A -• Tinge tl>G tracL's a ; above lisL'ed are bn :ed upoil computer � c 3ea a o The a r and the sr. ;c s:i,all be suUject to to be imaccuraCe. re-deLerini.naCion calclil-ltio►Zs acL'uz]; field surveys reflect the same The Tracts descri'Dcd b7 number above in this Exhibit "A" Tracts portrayed under the upon column captioned "Tract" refor to those Exi:ibit A-1 annexca hereto. f auo rn ri ti a IN r�r.� . - .. S•. m 1:-:;•1II13IT I3 -.11 of Section Four., Township 49 South, Range 41 Last .and that portion of Section 17'ive, Township 49 South, 13ange hl Last, lying Easy of the Last right-of-way line of North- west Cath Avenue and that portion of Section 33 and 34 lying .South or the South -Right -of -Way line of Southgate Blvd. and W:st of the West Might -of -Way line of University Drive. Said l ads being situated in the City of Tamarac, Broward County, Fivrida.• IN Till. C I R-CHI 'T COURT 01' T111i 171"11 JUDICIAL CA RCIIIT 01' 11101,11)r1, IN AND FOR IIROIt'ARD COUNTY CASE NO. 72-11731 ----------------------------------- LEADERSHIP HOUSING SYSTEMS INC., and SIMON ZUNAMON, as Trustee, , Plaintiffs, VS. STIPULATED ORDER THE CITY OF TAMARAC, a municipal , corporation, Defendant. --------------------------------------- THIS CAUSE came on to be heard by me upon Stipulation of' Counsel as hereinafter set forth and the Court being advised in the premises, it is thereupon ORDERED, ADJUDGED AND DECREED: Paragraph 41 of the Order on Motion for Clarification entered herein on August 27, 1976, be, and the same is hereby modified and amended nuns pro tunc, by deleting the same in it:; entirety and substituting therefor, the following paragraph 41. "I" (1) Ordinance 76-10 (Road Standards) is inapplicable. (2) Plaintiffs shall donate to the Cit)- of Tamarac, the sum of FIFTEEN THOUSAND (15,000.00) DOLLARS for the purpose of beautification with trees and shrubs of all of the road medians in Land Sections 5 and 6, within two (2) days of the date City releases Bond Number 031878. (3) Within thirty (30) clays of the date Plaintiffs deliver to Defendant's City Attorney a Certificate of Title Ind Quit Claim Deed or Deeds for all roads in Sections 5 and 6 for which the City of Tamarac has not yet accepted the dedication of 1-0ad rights -of -way, which Quit- Claim Deed or Deeds shall have becli executed or joined in by all parties with an interest in said property, as set forth in said Certificate of Title, the City of Tamarac shall accept the dedication of said road rights-of-l.ay, such being depicted upon the land use map annexed hereto as Exhibit "A". Acceptance of the road rigllts-ofShall 'lot lie c0listrued as approval by the Cite of 'Tamarac of the construction of any improvements within said rights -of -way. ry x f4� m H (4) P1;1 i nt i I-I'y shall p;ty to the Gi tyy of 'Tamarac 1: i thin two (2) days from th.e date City rcle,ises Bond Number 031378 ;in ,1ddi t ion:r 1 stun of THIRTY U,ti'1; THOUSAND 1 FIVE HUNDRED 5l \'I'Y 7'(IRI:I: DOLLARS and THIRTY SIX CENTS ($31,563.36), which the parties have agreed is the cost of remox•,il of stone: and debris, placement of sub -soil and sodding, with solid'•1t;111ia l;r;rss of all roacl medians in Land Sections 5 and 6 (hereinafter referred to as the "Landscaping"). (5) The City of Tamarac: shall commence the landscaping upon each portion of median in the roads contained within Larld Sections 5 and G within thirty (30) clays after a platted sub- division constituting a portion of the lands abutting the road right-of-way containing such median has been "developed". "Development" for the purposes hereof shall be deemed completed upon the black topping of all interior roads within such stib- division. It is the intention of this order that as a subdivisiun on either side of a road containing such a median is developed, the City shall thereafter commence and complete with reasonable diligence the Landscaping of the abutting portion of the median. It will he the responsibility of the Plaintiffs, their successors or assigns, to notify the City that all prerequisites to landscaping; have been fulfilled. (6) The City of 'Tamarac shall have the ri r;ht to impose as, a condition of itisuance of building permits for structtlrrs to he erected within any such developed subdivision abutting the Land- scapcd medians, that a cash hoed not to exceed in amount tale still] of ONE HUNDRED ($100.00) DOLLARS per dwelli-lig unit be placed t.'ith the City conditioned upon the restoration of anv damage caused to the Landscaping during the course of construction of such dwelling units. (7) Within thirty (30) days of the data hereof, the City of Ta►;1;1rac shall discharge and exonerate Bond No. 031878, placed with the City. (8) Plaintiff, Leadership Housing Systems, Inc., shall donate to the City a Piesel Turd Tractor model 1-2000, 11ru erntl�,' owned by Leadership (lousing Systems, Irlc., or an affiliate. thereof, and within two (2) days from the elate City releases bond N1:nlbcr 031878, execute and deliver to the City a bill of' sale therefer. (9) Plaintiffs acknowledge that Bond No. 031878 Ju;1;;tntt,es sodding of the road medians in Land Sections 4, 5 and 6. Plaintiffs represent that all such sodding in Land Section 4 has takon place. 2. Except as modified pursuant to the foregoing provisions, the above described Order on Motion for Clarif icatiou and ;r11 otitcr pro- visions thereof, remains unchanged. DONE AND ORDERED ill Chambers at F01-t�Laudct'd;11c, l:rut.'ard Count)', Florida, this � �j day of i'� , 1 J78 . rnr c7 -" x The parties to the above captioned cause, throtrl;l; their 4.;" . C n c� m fr+ 4 . 4 undersigned counsel of record hereby stipulate and agree to the entry of the foregoing order. DATED this .7`dday of /C� c_r_,,��,!a-k ,1976. ell City Attorney of the City of Tamarac 5811 N.W. 88th Avenue Tamarac, Florida 33321 (305) 722-5900 -3- COURSHON F BERK, P.A. 1110 Brickell Avenue Suite 801 Miami, Florida 33131 (305) 374-5400 and HADDAD & JOSEPHS 2130 First Federal Building Miami, Florida 33131 Attorneys for Plaintiff Simon Zunamon, as Trustee (305) 463-6699 BY: COURSHON & BERK, P.A. 1110 Brickell Avenue Suite 801 Miami, Florida 33131 (305) 374-5400 By 1 I ALLS1','ORT11, DOUMAR, SCHULER, PADULA & LAYSTROM Attorney for Plaintiff Leadership Housing Systems, Inc. 1177 S.E. 3rd Avenue Fort Lauderdale, Florida 33316 (305) 525-34.41 Lai ii? on W e j • .. A sn • i Ln ♦ d 1 N r N N) rJ r• W r• L-3 a% _ v p V V `O y W W W r� 9 > r1 r1 rri ri ri QO M QJ rl Qa ►i O UO 0� O al O 0� O a a afj O ri G G C rr r m rl rt rt n rt O p �O �O O �p N 1.0 h' `p r. ►' p N C] p% C7 w C7 W co co V co ON y y H [ C c c.' 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N % A ` V k r ` O o O O O O o O O O CA) w w w w w w CA) w w ►� 00 00 00 00 OD 00 00 00 00 0o a co 00 00 � -a � � � m m w a c4 m cn a-- rn to to o n c� C r n n CD rr c+ rr rl rt rr CDr+ c+ g 4 cn rn ul rn rn -J rn F rn Q w ca �-j w w w -4 P. co � O I 1 0 O �-i R° � rn n C CD CA)Oho al 0� m Lnn 000 0 W P. a tv 0 w 00 Cn a Ul 4 rn ►-� to ►-j cn P F� to N 9 O w �—' w w d7 C� M PENDING LITIGATION CITY OF TAMARAC v. THE BEHRING CORPORATION ----------------- #72-7400 TAMARAC UTILITIES, INC., v. CITY OF TAMARAC-------------------------- #74-7061 CITY OF TAMARAC, et al., v. LEADERSHIP HOUSING, INC., et al ---------- #76-6839 EXHIBIT 4 a South Florida Water Management District SURFACE WATER MANAGEMENT PERMIT NO. 06-00072-S (NON -ASSIGNABLE) DATE ISSUED: January 19, 1978 AUTHORIZING: OPERATION OF A WATER MANAGEMENT SYSTEM SERVING 4870 ACRES OF RESIDENTIAL LANDS BY CANALS, LAKES AND 8-35,000 GPM PUMPS, 10-18" AND 1-24" CMP'S DISCHARGING TO C-14. LOCATED IN: BRDWARD COUNTY, SECTION 3 thru IOTWp, 49S RGE. 41E ISSUED TO: Leadership Housing, In'C. 6000 North University Drive Tamarac, Florida 33321 This Permit is issued pursuant to Application for Permit No 23268 dated January 27 _, 19 7, Permittee agrees to hold and save the South Florida Water Management District and its successors harmless from any and all damages, claims, or liabilities which may arise by reason of the construction, operation, maintenance, or use of any work or structure involved in the Permit. Said application, in- cluding all plans and specifications attached thereto, is by reference made a part hereof. This Permit may be revoked or modified at anytime pursuant to the appropriate provisions of Chapter 373. Florida Statutes. This Permit does not convey to Permittee any property rights or privileges other than those specified herein, nor relieve the Permittee from complying with any law, regulation, or requirement affecting the rights of other bodies or agencies. All structures and works installed by Permittee hereunder shall remain the property of the Permittee. Within thirty (10) days after the completion of the construction of any work or structure relative to this permit, the Permittee shall file with the District a written statement of completion on the appropriate form provided by the Board. SPECIAL CONDITIONS ARE AS FOLLOWS: 1. WATER QUALITY DATA FOR THE WATER DISCHARGED FROM PERMITTEE'S PROPERTY SHALL BE SUBMITTED TO THIS DISTRICT AS REQUIRED. PARAMETERS OF INTEREST INCLUDE: NITRITES AS N, NITRATES AS N, AMMONIA AS N, TOTAL KJELDAHL NITROGEN AS N, ORTHO-PHOSPHORUS AS P, TOTAL PHOSPHORUS AS P, TOTAL DISSOLVED SOLIDS, TOTAL SUSPENDED SOLIDS AND 5 DAY 200C BOD. 2. IF NECESSARY, AN AQUATIC WEED CONTROL PROGRAM SHALL BE INITIATED BY THE PERMITTEE. 3. RECEIPT OF THIS PERMIT DOES NOT EXEMPT THE PROJECT FROM OTHER PERTINENT GOVERNMENTAL REGULATIONS. PERMITS FROM OTHER AGENCIES MAY BE REQUIRED. 4. THE OPERATION SCHEDULE OF THE PUMPING STATIONS SHALL ADHERE TO THAT PROPOSED BY THE APPLICANT, IN SUMMARY, THE MAINTAINED STAGE SHALL BE +6.3' MSL, THE INITIAL DISCHARGE ELEVATION SHALL BE +7.0' MSL, AND THE SYSTEM SHALL PUMP BACK DOWN TO THE MAINTENANCE ELEVATION OF +6.3' MSL. 5. THE EXPIRATION DATE OF THIS PERMIT SHALL BE 18 MONTHS FROM DATE OF ISSUANCE. SOUTH FLORIDA WATER MANAGEMENT DISTRICT, BY ITS GOVERNING BOARD M_ Form 681 Rev. 4.75 Apfm t� T7 .Je.I 7rn�� l V • r. .FORM 680 REV. Nov. 1978 • South Florida Water Management District RE-EVALUATION WATER USE PERMIT NO. 06-00089•-W (NON -ASSIGNABLE) DATE ISSUED: September 14,1978 EXPIRATION DATE October 15,1988 AUTHORIZING: USE OF SURFACEWATER FROM INTERNAL LAKE FOR LANDSCAPING SERVING 225 ACRES WITH AN ANNUAL ALLOCATION OF 244.0 ACRE FEET. LOCATED IN: BROWARD COUNTY, SECTION 4 TWP. 49S RGE. 41 E ISSUED TO: Leadership Housing, Inc. 7801 N.W. 80th Ave. Tamarac, Fla. 33321 This Permit is issued pursuant to Application for Permit No. dated .19 .. for the Use of Water as specified above and subject to the Special Conditions set forth below. Said application, including all plani and specifications attached thereto, is by reference made a part hereof. Upon written notice to the permttee, this permit may be temporarily modified, or restricted under a Declaration of Water Shortage or a Declaration of Emergency due to Water Shortage in accordance with provisions of Ch. 373, Fla. Statutes. 1973 and applicable rules and regulations of the South Florida Water Management District. This Permit may be permanently or temporarily revoked, in whole or in part, for the violation of the conditions of the permit or for the violation of any provision of the Water Resources Act and regulations thereunder. This Permit does not convey to permittee any property rights nor any privileges other than those specified herein, nor relieve the permittee from complying with any law, regulation, or requirement affecting the rights of other bodies or agencies. SPECIAL CONDITIONS ARE AS FOLLOWS: SPECIAL CONDITIONS ON ATTACHED SHEET ARE A PART OF THIS DOCUMENT. SOUTH FLORIDA WATER MANAGEMENT DISTRICT, By ITS GOVERNING BOARD n rr I� By F-* Secretary ~; SHEET 1 OF 2 ,I:::- ,,Il I. PERMIT NUMBER 06-00089-W SURFACE WATER i WATER USE SPECIAL CONDITIONS 1. IN THE EVENT OF A DECLARED WATER SHORTAGE, WATER WITHDRAWAL REDUCTIONS MAY BE ORDERED BY THE DISTRICT IN PROPORTION TO THE MAXIMUM MONTHLY WITHDRAWAL SPECIFIED IN THE STAFF REPORT. 2. MONTHLY WITHDRAWALS SHALL BE REPORTED TO THE DISTRICT IN MAY AND NOVEMBER ON FORMS PROVIDED BY THE DISTRICT. THE PERMITTEE HAS THE OPTION OF REPORTING ACTUAL WITHDRAWAL FIGURES, IN GALLONS, OR OF SUBMITTING A REPORT OF THE AREA IRRIGATED, IN ACRES, AND THE AMOUNT OF TIME IRRIGATION WITHDRAWALS WERE MADE. DURING PERIODS IN WHICH THERE IS NO DECLARED WATER SHORTAGE WITHDRAWALS GREATER THAN THOSE ESTIMATED BY THE DISTRICT (MONTHLY AND ANNUAL) MAY BE REPORTED (USING THE PERMITTED FACILITIES ONLY) WITHOUT VIOLATION OF THE CONDITIONS OF THE PERMIT. 3. SOURCE CLASSIFICATION FOR WITHDRAWAL IS SURFACE WATER. 4. USE CLASSIFICATION IS LANDSCAPE. 5. THIS PERMIT SHALL EXPIRE ON OCTOBER.15, 1988. 6. THIS PERMIT REPLACES DISTRICT PERMIT NO. 06-00089-W ISSUED OCTOBER 7, 1976. 7. WATER WITHDRAWALS SHALL BE MADE FROM INTERNAL LAKES VIA 6-750 GPM PUMPS. NOTE: AT NO TIME SHALL MORE THAN 3 PUMPS BE IN OPERATION AT THE SAME TIME. ;�u= rn-" C'] I" t�0(�0 177 4 / -Z F-3 12 N, Ile 1p" I i �1�7,1 I L 4L Ae� T1 Ff F 1,7 —�Z, I ell IIj :, i L= EXHIBIT 7 Im W. LEADERSHIP ENTITIES - TAMARAC PROPERTIES PARCEL'DESCRIPTION Parcel B/Apts./SGate Boulevard Lot 1 - Block 12 Univ. & S.Gate Blvd. Treehouse-Apt. Site Commercial Blvd. & 441 Treehouse - Commercial Site Parcel 8A NW 80 Ave. Portion Parcel 44 NW 88 Ave. Parcel R - Corner McNab & NW 88 Ave. Tract 2 Tract 4 Tract 6 Tract 7 Tract 8 Tract 10 Tract 11 Tract 12 Tract 17 Tract 28 Tract 35 Tract 36 Tract 37 Tract 41 Tract 42 EXHIBIT 8 APPROXIMATE ACREAGE 10.0 1.3 14.5 3.85 11.0 14.0 9.5 9.1 3.3 40.0 7.0 5.0 3.0 21.0 4.8 5.2 7.3 6.8 32.1 14.3 4.0 10.3 zwl�o rn-M c-j-n DO c� A t tor N Ab . PARCEL DESCRIPTION APPROXIMATE ACREAGE Tract 43 3.9 Tract 46 7_02 A portion Sec. 8 - Golf R4A/R1B Course & Lake Area 65-80 South Easterly Portion B-1 Tract 11 5.0 0 Introduced by: § Temp. # 1 3S 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 ]6 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 CITif OF TAMARAC, FLORIDA RESOLUTION NO.R f-- /If J A RESOLUTION AU7riORIZING EXECUTION OF AN AGREEMENT TO COMPROMISE:, SETTLE, RELEASE AND DISCHARGE ALL CLAIMS AND OBLIGATIONS BETWEEN LEADERSHIP HOUSING, INC., ITS PARENT COMPANY, ITS AFFILIATES, ITS SUBSIDIARIES, AND OTHER RELATED ENTITIES AND THE CITY OF TAMARAC; FOR ALL CITY OFFICERS AND EM- PLOYEES TO BE AUTHORIZED TO TAKE ANY ACTIONS REQUIRED IN SAID AGREEMENT; AND FOR TAMARAC TO ACCEPT ALL UNDERTAKINGS SET FORTH IN SAID AGREE- MENT. WHEREAS, Leadership Housing as direct descendent of the Behring Corp. was the prime developer in the City of Tamarac; and WHEREAS, over the years Leadership left many loose ends to be tied up, and f WHEREAS, Leadership Housing wishes to address all and resolve virtually all outstanding problems within the City of Tamarac, and WHEREAS, Leadership Housing has agreed to enter into an Agreement to compromise, settle, release and discharge all claims and obligations with the City of Tamarac, and WHEREAS, the Tamarac City Council has determined that entry into said Agreement is in the best interests of the people of Tamarac. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: That the appropriate city officials are hereby authorized,on behalf of the City, to execute the attached Agreement to compromise, settle, release and discharge all claims and obligations between Tamarac and Leadership Housing, Inc., its parent company, its affiliates, its subsidiaries and other related entities. All city officers and employees are authorized to take any actions required in said Agreement and the City of Tamarac shall accept all undertakings set forth in said Agreement. SECTION 2: This Resolution shall be effective upon its adoption. PASSED, APPROVED AND ADOPTED this3.ar- day ATTE` r �H r CITY Cup-, I HEkEECERTIFY that I have approved the form atMAYOR: _ correctness of this RESOLUTION DISTRICT 1: DISTRICT 2 CITY ATTORNEY DISTRICT 3: DISTRICT a: RECORD OJ COUNCIL VOTE A