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HomeMy WebLinkAboutCity of Tamarac Resolution R-88-2481 2 CA C! 5 6 8 41 10 11 12 13 14 15 16 17 18 21 22 23 24 25 26 27 28 29 30 33 34 35 Temp. Reso. #5168 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-88-aZ�4' A RESOLUTION AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE A FOURTH AMEND- MENT TO THE NOVEMBER 17, 1986 DEVELOPERS AGREEMENT PERTAINING TO PAYMENT OF DEVELOP- MENT FEES AND EXTENSION OF THE SITE PLAN FOR CINNAMON WHARF (TRACT 37); AND PROVIDING 1-'�N EFFECTIVE DATE. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: That the appropriate City officials are HEREBY AUTHORIZED to execute a Fourth Amendment to the November 17, 1986 Developers Agreement pertaining to payment of development fees and extension of the site plan for Cinnamon Wharf (Tract 37), a copy of said Agreement being attached hereto as Exhibit 1. SECTION 2: That the appropriate City officials are hereby authorized to execute said Agreement on behalf of the City. SECTION 3: This Resolution shall become effective immediately upon adoption. PASSED, ADOPTED AND APPROVED this /41- day of 1988. NO N ABRAMOW TZ��� MAYOR ATTEST: ae—, L�_ I _e? X: � 0- _n , - CAROL A. EVANS CITY CLERK I HEREBY CERTIFY that I have approved this Resolution as too (form. GiS l RICHARD DOODY CITY ATTORNEY RECORD OF COUNCIL VOTE MAYOR ABRAMOWITZ (9-<-� DISTRICT 1: C/M ROHR DISTRICT 2: V/M STELZER DISTRICT 3: C/M HOFFMAN DISTRICT 4: C/M BENDER 0 �r r r �e • PARTIES: PURPOSE: DATE: FOURTH AMENDMENT TO NOVEMBER 17, 1986 DEVELOPER'S AGREEMENT TRACT 37 CORP. or assigns (hereinafter referred to 9373 West Sample Road as "TRACT 37" or Suite 203 "DEVELOPER") Coral Springs, Florida CITY OF TAMARAC (hereinafter referred to 5811 Northwest 88th Avenue as "TAMARAC") Tamarac, Florida 33321 TRACT 37 CORP. and TAMARAC have agreed to extend approval of the TRACT 37, CINNAMON WHARF site plan on the terms and conditions and for the consideration set forth in this Agreement for an additional twelve-month period dating from September 26, 1988. `4 , 1988 THE PARTIES AGREE: 1. The Subject Property. TRACT 37 and the CITY OF TAMARAC agree to enter into this Fourth Amendment to November 17, 1986 Developer's Agreement with respect to the following described subject property: The Plat of WESTWOOD 37, according to the Plat thereof recorded in Plat Book 125, Page 18 of the Public Records of Broward County, Florida. 2. Additional Extension of Develo er's Agreement. Under the terms and provisions of the Third Amendment to Developer's Agreement dated March 9, 1988, the Second Amendment to Developer's Agreement dated September 23, 1987, the Amendment to Developer's Agreement dated April 8, 1987, and the original Developer's Agreement of November 17, 1986, the approval of the Cinnamon Wharf Site Plan was extended through the close of business Monday, September 26, 1988, at which time, if TRACT 37 failed to tender payment of the impact and development fees set forth on Exhibit A to the November 17, 1986 Developer's Agreement LAW OFFICES MYLES J. TRALINS, PROF'E55IONAL ASSOCIATION SUITE 1350 MIAMI CENTER, 100 CHOPIN PLAZA, MIAMI, FLORIDA 33131.. TELEPHONE (305) 358.4461 JK- 98-aY9 0 the site plan approval was to have automatically been deemed null and void. In recognition of TRACT 37's requirement for an additional extension of time, TAMARAC and TRACT 37 agree that site plan approval shall be extended in four (4) successive quarters during the period from September 26, 1988 through September 25, 1989, by TRACT 371S tendering to the CITY for each such quarter the sum of $� 1 LAN Lo . 5(o _ ._, consisting of quarterly payments for guaranteed revenues due pursuant to the Water and Sewer Developer's Agreement of November 12, 1986 in the sum of $ (o!Cja _SC ._, and quarterly payments for interest calculated at ten (10%) percent on impact and development fees scheduled on Exhibit "A" attached to the November 17, 1986 Developer's Agreement in the sum of $ Said quarterly payments shall be due and paid before the close of business on the following dates: 1. on approval of this Amendment by the City Council for the quarter commencing September 27, 1988; 2. December 26, 1988; 3. March 27, 1989; 4. June 26, 1989. The CITY'S receipt of each such quarterly payment in advance on the above -stated dates shall automatically cause the site plan for Cinnamon Wharf to remain valid and binding through close of business on the dates when the next scheduled quarterly payment is due. The parties affirmatively acknowledge that in the event that any such quarterly payment is not made, then the site plan approval shall automatically be deemed to be null and void as of the close of business of the date said payment is required to be made. The parties further agree that should TRACT 37 pay impact and development fees in the amounts set forth in Exhibit "A" to LAW OFFICES MYLES J. TRALINS, PROFESSIONAL ASSOCIATION SUITE 1350 MIAMI CENTER, 100 CHOPIN PLAZA, MIAM1, FLORIDA 33131• • TELEPHONE (305) 358-4461 r 3 0 1.1 the November 17, 1986 Developer's Agreement, as amended, at any time during the period when it has prepaid interest with respect to the same, that TRACT 37 CORP. shall receive pro-rata payment against the credit for said impact and development fees for the unused portion of the interest payment (extension fee.) tendered and paid. 3. Adoption of All Other Conditions of November 17, 1986 Developer's Agreement, as amended. The parties hereby ratify, confirm and adopt all other terms and conditions of the November 1.7, 1986 Developer's Agreement, the Amendment to Developer's Agreement dated April 8, 1987, the Second Amendment to Developer's Agreement dated September 23, 1987, and Third Amendment to Developer's Agreement dated March 9, 1988, and re- incorporate the same by reference into this Fourth Amendment to November 17, 1986 Developer's Agreement. Carol Evans City Clerk TRACT 37 CORP., A Florida Corporation BY Micha4 T611, resident 10*0KOIA&VAUAIfi;To o man Abramowitz 4 Mayor, City of Tamarac CITY OF TAMARAC APPROVED AT MEETING OF ze g LAW OFFICES MYLES J. TRALIN5, PROFESSIONAL ASSOCIATION SUITE 1350 MIAMI CENTER, 100 CHOPIN PLAZA, MIAM1, FLORIDA 33131• . TELEPHONE (305) 358.4461 1 4 STATE OF FLORIDA ) )SS COUNTY OF BROWARD ) I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid and in the County aforesaid, to take acknowledgments, personally appeared MICHAEL TOLL, PRESIDENT of TRACT 37 CORP., to me known to be the person described in and who executed the foregoing instrument as such officer of said corporation, and that he affixed thereto the official seal of said corporation. IN WITNESS WHEREOF, I hereunto set m hand and official seal. at Tamarac, said County and State, this y of September, 1988. 1 . Y My Commission Expires: 40TANY P4%jC STATE Of fLORIDA #y �fiNW1SSION UP. APR 29,199D jp4ULD INRU GENERAL INS. UND. ! STATE OF FLORIDA ) )SS COUNTY OF BROWARD ) OF FLORIDA I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the state aforesaid and in the County aforesaid, to take acknowledgments, personally appeared NORMAN ABRAMOWITZ and CAROL EVANS, the Mayor and City Clerk of the City of Tamarac, respectively, to me known to be the persons described in and who executed the foregoing instrument as such individuals, and they acknowledged before me that they executed same. IN WITNESS WHEREOF, I hereunto set my hand and official seal at Tamarac, said County and State, this / day of September, 1988. NOTARY PUBLIC STATE. OF FLORIDA AT LARGE My Commission Expires: NOTARY RUSLIC STRTE Of MAJOR NY COR"ISS1ON EXP SEPT 17,1980 RONCEO TURD GENERAL INS' UNO. This Instrument was Prepared By: Myles J. Trali.ns, P.A. 100 Chopin Plaza, #1350 Miami, Florida 33131 Telephone: (305) 358-4461 C� • LAW OFFICES MYLES J, TRALINS, PROFESSIONAL ASSOCIATION SUITE 1350 MIAMI CENTER, $00 CHOPIN PLAZA, MIAMI, FLORIDA 33131• • TELEPHONE (305) 356-4461 1 .;;�,!� DESCR IPTION A portion, of Tracts 17 and 18 of FLORIDA FRUIT Of Section 5, Township 49 South. Range 41 East, 102 of the Public Records of Palm Beach County described as follows: LANDS COMPANY SUBDIVISION NO. 2, as recorded in Plot Book 1, Page Florida being more particularly COMMENCLNG at the Southwest corner of said Section 5; thence North 00- 06' 44' West along the West tine of said Section 5. a distance of 3369.86 feet; thence North 89r 53, 16' East, a distance of 2097.53 feet to the POINT OF BEGINNING of this Description; thence South 6V 42' 19' East, a distance of 435.41 feet; thence South 03. 32' 02' West, a distance of 510.12 feet; thence South 4T t9' 55' West, a distance of 392,60 feet to the Point of Cwvotufe at a Circular curve to the right; theP Southerly and Westrriy, along the arc of said curve. having a radius'of 35feet, an arc distance of 266.83 feet to the Point of Tangency; thence So89. 53' 16• Weat. o distance of 419.89 feet to an intersection with the arc of a circular curve to the right, whose `radius point bean South $9' 00' 00' East, from the lost described point; thence Northerly and Easterly along the arc of said curve, having a radius of 730.00 feet, an arc distance of 590.31 feet to the Point of Tangency; thence North 47, 19' 55' Eost,'a distance of 130.00 feet to the Point of Curvature of a circular curve to the left: thence Easterly and Northerly alongq the arc of said curve, having a radius of 790.00 feet, an arc distance of 372.79 feet to the Point of Tongenc ; thence North 20. 17' 41' East. a distance of 110.00 feet to the POINT OF BEGINNING. Said lands situate , lying and being in Braward County, Florida. Subject to a 20 foot Utility and Drainage Easement along all boundaries, said in Platent air Book alsoa125, Page 18, Public Records ofor maintenace on f Browordwcounty, n as ,Flor Florida. CT 7recorded Containing 14.258 Acres, more or less. i LJ LOCATION MAP NTS 0