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HomeMy WebLinkAboutCity of Tamarac Resolution R-89-190Temp. Reso. 1 2 3 4 5' i 8 9 10 11 12 13 14 15 16 1 17 20 21 22 FAN 24 25 26 27 28 29 30 1 32 33 34 35 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-89-- /90 A RESOLUTION OF THE CITY OF TAMARAC AMENDING RESOLUTION R-89-51; PROVIDING FOR AN AMEND- MENT TO SECTION 1 THEREOF FOR MARKETPLACE OF TAMARAC (RK PLAT); AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Marketplace of Tamarac revised final site plan was submitted to the City and the same was approved by the City of Tamarac City Council pursuant to Resolution Number R--89-51; and WHEREAS, the site plan approval was contingent upon certain requirements set forth in SECTION 1 of Resolution Number R-89-51, including time frames in which certain things were required to be accomplished by the applicant; and WHEREAS, the applicant has requested an extension of time in which to accomplish such matters, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF TAMARAC, FLORIDA: SECTION 1 : SECTION 1 of Resolution Number R-89-51 duly adopted on the 8th day of March, 1989, is hereby amended to read as follows: That the revised final site plan and related documents referenced above for The Marketplace at Tamarac attached hereto as Exhibit "A" is hereby approved subject to the following: 1. On or before duly October 1, 1989, RK Development Corp. shall notify the City Clerk in writing that 36 1 1 ,. r- r?, 5 �90.7, 1 2 3 4 1 7 8 9 10 11 12 13 14 15 16 17 wilco F4 ■ 22 23 24 25 26 27 28 29 p 1 32 33 34 35 36 the real estate closing for the subject property has taken place at which time the City Clerk shall record the subject Water and Sewer Developers Agreement, Blanket Public Safety Ingress/Egress Easement, Water Retention Agreement, Median Maintenance Agreement, Water/Sewer Easement and special Warranty Deed for the vacated right-of- way on the south side of N.W. 57th Street for the Marketplace at Tamarac. Developer shall also supply City Clerk with an updated Title Opinion prior to City Clerk recording the subject docu- ments. At the same time the Finance Director shall release from escrow for deposit in the appropriate City account(s) the check(s) from RK Development Corp. for fees, including, but not limited to, for Water and Sewer, Drainage, Beautification and Road Impact Fees, all required for the Marketplace at Tamarac project. If a mortgage is placed on the subject property prior to the recordation of the documents referenced above, RK Development Corp. will provide the City Clerk with new Agreements executed by the Mortgagee evidencing the Mortgagee's consent and recognition that in the event of foreclosure the mortgagee will continue to recognize the rights of the City in accordance with the terms of the Agreements; or 2. On or before auly October 1, 1989, RK Development Corp. shall notify the City Clerk in writing that the closing will not take place and all required documents and funds held in escrow shall be returned to RK Development Corp. and the approval of the revised final site development plan submitted by RK Development Corp. and this develop- ment Order shall automatically be null and void 0 with no vested rights. 1 2 3 4 S 8 9 10 11 12 13 14 15 16 17 21 22 23 24 25 26 27 28 29 30 1 32 33 34 35 36 3. If neither of the conditions outlined in paragraphs 1 or 2 has occurred by August November 1, 1989 then the final site development plan submitted by RK Development Corp. shall automatically be null and void with no vested rights to RK Development Corp. nor any other person or entity and all required documents, agreements, deeds, and funds held in escrow shall be returned to RK Development Corp. SECTION 2 . This Resolution shall become effective immediately upon its passage. PASSED, ADOPTED AND APPROVED this_day of , 1989. ATTEST: --� CAROL A. EVANS CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. 4?'COC�1)6A RICHARD DOODY CITY ATTORNEY RE60 . AMEND 8 9 -- 51 K NORMAN ABRAMOWITZ MAYOR RECORD OF COUNCIL VOTE MAYOR ABRAMOWIT" DISTRICT 1: C/M ROHR DISTRICT 2: C/M STELZER DISTRICT 3: C/M HOFFMAN DISTRICT 4: V /M BLENDER