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HomeMy WebLinkAboutCity of Tamarac Resolution R-88-072Temp. Reso. #4273. 1 2 3 k 5 8 .9 10 11 I 12 13 14 15 16 17 20 21 22 23 24 25 26 27 28 29 33 34 35 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R--88-- 7-�2- A RESOLUTION AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE A THIRD AMENDMENT TO NOVEMBER 17, 1986, DEVELOPER'S AGREEMENT PERTAINING TO PAYMENT OF DEVELOPMENT FEES AND EXTENSION OF THE SITE PLAN FOR CINNAMON WHARF (TRACT 37); AND PROVIDING AN LEEECTIVE DATE,_ BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TAMARAC, FLORIDA: �ECIIOj_1i That the appropriate city officials are HEREBY AUTHORIZED to execute a Third Amendment to November 17, 1986, Developer's 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 111. '�E= ON-2i 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. lk PASSED, ADOPTED AND APPROVED this � day of , 1988. ATTEST: &±--4 zm&a-�,� _ CAROL E. BARBUTO CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. 11 RICHARD DOODY CITY ATTORNEY BERNARD HART MAYOR MAYOR: HART DIST. 1: C/M ROHR GIST. 2: C/M STELZER CAST. 3: C/M HOFFMAN _ DIST. 4: V/M STEIN THIRD AMENDMENT TO NOVEMBER 17, 1986 DEVELOPER'S AGREEMENT PARTIES: 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 PURPOSE: 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 six-month period dating from September 25, 1987. DATE: March !3 , 1988 THE PARTIES AGREE: 1. The Subject Property. TRACT 37 and the CITY OF TAMARAC agree to enter into this Third 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 A reement. Under the terms and provisions of 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 Friday, March 25, 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 the site plan approval was to have automatically been deemed null and LAW OFFICES MULES J. TRALINS, PROFESSIONAL AS550CIATION SUITE 1350 MIAMI CENTER, 100 CHOPIN PLAZA, MIAMI, FLORIDA 33131 . TELEPHONE (305) 356.4461 R PA void. Notwithstanding the same, TRACT 37 requires an additional six --month extension of time in order for certain modifications to the site plan be completed, and TAMARAC has agreed to extend the time for payment of the impact and development fees and has agreed to keep the site plan for Cinnamon Wharf valid and binding. Accordingly, TAMARAC and TRACT 37 hereby agree to further extend the Developer's Agreement and approval of Cinnamon Wharf site plan through the close of business Monday, September 26, 1988, in consideration for payment to TAMARAC by TRACT 37 of the sum of Twenty --Four Thousand Eight Hundred Sixty -Eight and 75/100 ($24,868.75) Dollars as guaranteed revenues, pursuant to the provisions of the Water and Sewer Developer's Agreement dated November 12, 1986 as between the City and Trison Development Corp. on behalf of Tamarac Seventy Seventh Street, Ltd. Further, TAMARAC hereby acknowledges receipt from TRACT 37 of the sum of Twenty Thousand Two Hundred Eighty -Nine and 00/100 ($20,289.00) Dollars, which sum represents interest calculated at ten (10%) percent on the applicable fees and charges set forth in the November 16, 1987 Developer's Agreement, and including current applicable water and sewer contribution charges, calculated through the close of business Monday, September 26, 1988. Accordingly, TRACT 37's obligation to pay the impact and development fees set forth on Exhibit "A" to the November 17, 1986 Developer's Agreement is hereby extended until the close of business on September 26, 1988. It is expressly agreed and understood by TRACT 37 and TAMARAC that TAMARAC'S approval of TRACT 37's site plan is subject to payment of the impact and development fees in the amount set forth on Exhibit "A" to November 17, 1986 Developer's Agreement or pursuant to paragraph �. 3 of the Amendment to Developer's Agreement dated April 8, 1987, and in the event that TRACT 37 fails to tender such payment as LAW OFFICES MYLES J. TRALINS, PROFESSIONAL ASSOCIATION SUITE 1350 MIAMI CENTER, 100 CHOPIN PLAZA, MIAMI, FLORIDA 33131 • TELEPHONE (305) 358-4461 P, Ykr,-74--� 3 provided for herein, then the site plan approval shall, at that time, unless otherwise agreed in writing, automatically be deemed to be null and void. It is further agreed and understood • that in the event TRACT 37 pays impact and development fees in the amounts set forth in Exhibit "A" to November 17, 1986 Developer's Agreement as amended, prior to the close of business, Monday, September 26, 1988, then TRACT 37 shall receive pro-rata credit against the payment for said impact and development fees for the unused portion of the interest payment (extension fee) tendered herewith. 4. Adoption of All Other Conditions of November 17 1986 Developer's Agreement, as amended April 8, 1987. The parties hereby ratify, confirm and adopt all other terms and conditions of the November 17, 1986 Developer's Agreement, the Amendment to Developer's Agreement dated April 8, 1987, and the Second • Amendment to Developer's Agreement dated September 23, 1987, and re -incorporate the same by reference into this Third Amendment to November 17, 1986 Developer's Agreement. 0 TRACT 37 CORP., A Florida Corporati BY oI •�(iL M chael T 1 President LAW OFFICES MYLES J. TRALINS, PROFESSIONAL ASSOCIATION SUITE 1350 MIAMI CENTER, 100 CHOPIN PLAZA, MIAMI, FLORIDA 33131 • TELEPHONE (305) 358.4461 M /T- a - 7,-�, 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 my hand and official seal at Tamarac, said County and State, this day of March, 1988. NOTARY PUBLIC �STATE—OF FLORIDA AT LARGE My Commission Expires: NOTARY PUBLIC STATE OF FLORIDA RY CORRISSION Exp SEPT 17,1990 BONDED TNRU GENERAL INS. 0N0, Carol E. Barbuto 4ernarcl Hart City Clerk Mayor, City of Tamarac 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 BERNARD HART and CAROL E. BARBUTO, the Mayor and Assistant 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 March, 1988. NOTARY PUBLIC STATE OF FLORIDA AT LARGE My Commission Expires: NOTARY PURW STATE OF FLORIDA AY G�Ku•Y5SIS1 EAP SEPT 17,1990 800DED TRRU GENERAL INS. UND' This Instrument prepared by: MYLES J. TRALINS, ESQ. Myles J. Tralins, P.A. 100 Chopin Plaza, #1350 Miami, Florida 33131 Telephone: (305) 358-4461 0 11 40 LAW OFFICES MYLES J, TRALIN5, PROFESSIONAL ASSOCIATION SUITE 1350 MIAMI CENTER, 100 CHOPIN PLAZA, MIAMI, FLORIDA 33131 . TELEPHONE (305) 358-4461 �.� '��►!� DESCRIPTION I -?J-7., R A portion. of Tracts 17 and 18 of FLORIDA FRUIT tO't of the ectio 5. Township cn Reca ds of 49 uPalm a8eoch 1County described as follows: LANDS COMPANY SUBDIVISION NO. 2. as recorded in Plat Book 1. Page Florida being more particularly COMMENCING at the Southwest corner of said Section 5; thence North OQ' 06' 44- West along the West line of said Section 5. a distance of 3369.86 feet: thence North 89' 53' le' East. o distance of 20190E feet to othe fPOINT 435.4BEGINNING thence South Description; thence Sohis uth 69' 42' 19' East. OS 32' 02' West, a distance at 510.12 feet; thence South 470 19' 55' West. a distance of 392.60 feet to the Point of Curvature of a circular curve to the right; thence Southerly and Westerly. along the arc of said curve, having a radius of 3 feet. on arc distance of 266.83 feet to the Point of Tangency; thence S6 afe t. 16• Weyt, a distance of 419-89 feet to an intersection with the arc of a circular curve to the right, whose radius point bears South 89' OQ' 00' East. from the last described Point; thence Northerly and Easterly along the are 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 East.'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 oi thence North0200 17 On arc a distance of 372.79 feet to the Point of Tongency: distance of 110.00 het to the POINT OF BEGINNING. Said lands situate ,lying and being in Broward County, Florida. Subject to a 20 foot Utility and Drainage Eosement along oil boundaries, said in Plot Book ofor 125. Pose 18.nce on boundries, also Public Records of Brawordwn 09 Countr Florida, 37* retarded a, Containing 14,258 Acres, more or less. LOCATION MAP N TS 0