HomeMy WebLinkAboutCity of Tamarac Resolution R-86-433Introduced by: �%t%_, _ Temp. Reso. #.AQJ.
CITY OF TAMARAC, FLORIDA
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RESOLUTION NO. R-86- 73_3
A RESOLUTION APPROVING A SETTLEMENT AGREEMENT
BETWEEN THE CITY OF TAMARAC AND CARDINAL
INDUSTRIES, INC. WITH REFERENCE TO THE HIDDEN
HOLLOW APARTMENTS AND THE GREENVIEW APART-
MENTS; AUTHORIZING THE APPROPRIATE CITY
OFFICIALS TO EXECUTE THE SETTLEMENT AGREE
MENT; APPROVING THE SITE PLAN AND PLAT WHICH
ACCOMPANIES THE SETTLEMENT AGREEMENT; AND
WHEREAS, the City of Tamarac and Cardinal Industries,
Inc. entered into Litigation in respect to the development
standards for the development of Hidden Hollow Apartments and
Greenview Apartments in the City of Tamarac; and
WHEREAS, there is an appeal of the decision of the
Circuit Court of the Seventeenth Circuit for Broward County
presently pending in the Fourth District Court of Appeal; and
WHEREAS, the staff of the City and the representatives
of Cardinal Industries have been working toward resolving the
issues which were the subject of the litigation; and
WHEREAS, both parties now believe that the litigation
should be amicably resolved.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
CITY OF TAMARAC, FLORIDA:
FTi4K-.�: That the Settlement Agreement which is
provided as an exhibit to this Resolution is hereby approved.
SECTIf)N _.2.: That the appropriate City Officials are
hereby authorized to execute this Settlement Agreement and
the Consulting City Attorney is authorized and instructed to
submit this Settlement Agreement to the Court.
SECTION 3: The Site Plans and Plats which are attached
to the Settlement Agreement are hereby approved.
E TI ,_ : This Resolution shall become effective
immediately upon adoption
PASSED, ADOPTED AND APPROVED thisday of , 1986.
_4LMRZI�_4 4HAR
MAYOR
ATTEST:
CAROL E . BARBUTO MAYOR: HART
ASSISTANT CITY CLERK
DIST. 1: C/W MASSARO �--
I HEREBY CERTIFY that I have DIST. 2: V/M STEL.?F.R
approved the form and correct-
ness of this RESOLUTION. DIST. 3: C/M GOTI ESMAN �.�.
DIST. 4: C/M STEIN
A. RANT A EG�TE
CITY ATTOR EY
1
2049112586/t
k f P
SETTLEMENT AGREEMENT
Parties: The City of Tamarac, a (the "City".)
Florida Municipal Corporation
5811 N.W. 88th Avenue
Tamarac, Florida 33321
Cardinal Industries, Inc., an ("Cardinal")
Ohio Corporation authorized to
ido business in Florida, on
behalf of Hidden Hollow
Apartments, Ltd., Hidden Hollow
Apartments II, Ltd. and
Greenview Apartments, Ltd.
P.O. Box U
Sanford, Florida 32772
Purpose: By virtue of this Settlement Agreement, the parties
intend to resolve their disputes regarding the
development of the subject properties so that
the litigation between the parties can be
terminated and so that CARDINAL can commence
the development of the subject properties within
the CITY upon the terms and conditions set forth
herein.
Date: November , 1986
-The parties agree:
1. HIDDEN HOLLOW APARTMENTS.
With respect to Hidden Hollow Apartments (Tracts 41
and 42), CARDINAL has submitted its preliminary site plan,
landscape plan and preliminary plat (dated 10/16/86). The
information disclosed on said preliminary documents is
incorporated herein by reference. The CITY'S Staff Review
Committee has reviewed the preliminary documents and all
of their comments dated 10/21/86, except as otherwise noted
hereinbelow, shall be complied with by CARDINAL and
incorporated into its final site plan, plat and other related
final submittal documents. Except as specified in the
Staff comments to be complied with by CARDINAL, the
information, layout and other matters shown on or addressed
by the preliminary submittal documents are hereby deemed
accepted and approved by the CITY. The character, size
and square footage of CARDINAL'S modular housing units
(in all respects substantially the same as CARDINAL'S
Southgate Apartments development in the CITY) are hereby
accepted and approved by the City.
Fire Department Comment #8 has been addressed by
CARDINAL to the satisfaction of the Fire Department and
no further changes in that regard are required.
With respect to Site Plan Comment #5, the parking
spaces but not necessarily the "turnaround" at the end
of the isles will be set back from the front property line
in accordance with Code.
2. GREENVIEW APARTMENTS.
With respect to Greenview Apartments (Tract 2), CARDINAL
has submitted its preliminary site plan, landscape plan
and preliminary plat (dated 10/16/86). The information
disclosed on said preliminary documents is incorporated
herein by reference. The CITY'S Staff Review Committee
has reviewed the preliminary documents and all of their
comments dated 10/21/86, except as otherwise noted
hereinbelow, shall be complied with by CARDINAL and
incorporated into its final site plan, plat and other related
final submittal documents. Except as specified in the Staff •
comments to be complied with by CARDINAL, the information,
layout and other matters shown on or addressed by the
preliminary submittal documents are hereby deemed accepted
and approved by the CITY. The character, size and square
footage of CARDINAL'S modular housing units (in all respects
_ substantially the same as CARDINAL'S Southgate Apartments
development in the CITY) are hereby accepted and approved
by the City.
Fire Department Comment #8 has been addressed by
CARDINAL to the satisfaction of the Fire Department and
no further changes in that regard are required.
With respect to Site Plan Comment #9 and 21, CARDINAL
will provide right-of-way easement if required. With respect •
to Site Plan Comment #16, CARDINAL will provide documentation
(Settlement Agreement between the CITY and Leadership
Housing, Agreement between CITY and HLR, Inc. and
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correspondence from former City Attorney) showing that
seawalls, bulkheads and the like, if required, are not
CARDINAL'S responsibility.
The CITY shall vacate the right-of-way through Tract
2 pursuant to CARDINAL'S previous request.
3. SETTLEMENT PROCEDURE.
When the parties have accepted and executed this
Settlement Agreement they shall request that the Fourth
District Court of Appeal abate consideration of Case No.
86-1246. Upon the approval of CARDINAL'S final development
plans, CARDINAL shall dismiss the subject Appeal (each
party to bear its own fees and costs).
This Settlement Agreement shall be tendered to the
lower Court as a Stipulation between the parties which
may be enforced as provided by law in connection with the
submittal and approval of CARDINAL'S final development
documents, permitting of the developments and the issuance
of certificates of occupancy for same.
4. SCOPE OF SETTLEMENT.
This Settlement Agreement is in lieu of and supersedes
the development standards and requirements of the various
Court Orders in Case No. 72-11731 CZ, the development
standards and requirements contained in any Declaration
of Restrictions or restrictive covenants. between the parties
(including CARDINAL'S predecessors in title) as to the
subject properties and the development standards and
requirements of the Tamarac City Code in so far as any
of the foregoing are inconsistent with the terms of this
Agreement.
5. FEES/BONDS.
• CARDINAL shall be credited with all fees previously
tendered to and received by the CITY for the subject
properties. CARDINAL shall pay Ninety -Five ($95.00) Dollars
per unit for the units located upon Tract 41 as its
=10
recreation fee. Engineering inspection fees shall be pursuant
to Resolution R-85-340 (effective 10/23/85 and as may be
revised by the CITY from time to time) for all of the subject
properties. Water and Sewer Developer Agreements shall
be entered into by the parties utilizing the forms •
customarily provided by the CITY and for which CARDINAL
shall make all required payments for all of the subject
properties. CARDINAL shall pay beautification/landscape
review fees for all of the subject properties in accordance
with current CITY requirements. CARDINAL shall provide
on site or elect to pay for water retention pursuant to
Ordinances 79-47 and 80-26 (and as may be revised by the
CITY from time to time) for all of the subject properties.
No other fees are to be required by the CITY for the subject
properties or approval of the final development plans and
related documents.
Public Improvement Bonds are required and shall be
provided pursuant to Section 24-6 of the City Code. .
6. WAIVER OF TIME LIMITATION FOR APPROVED SITE PLAN.
CARDINAL anticipates that it will initially construct
the Greenview Apartments development. Inasmuch as the CITY
has requested that both developments not be constructed
simultaneously, it hereby waives the one (1) year limitation
for issuing building permits upon final site plan approval
for Hidden Hollow Apartments and the expiration periods
for said permits; but, in any event, the building permits
issued for Hidden Hollow Apartments (or Greenview depending
upon which development is constructed first) shall be
utilized within eighteen (18) months of final approval
of the development by the CITY.
7. 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
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•
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.
8. WAIVER.
The failure or delay of either party to exercise or
enforce any rights, powers or remedies hereunder, or under
any of the aforesaid instruments, or other documents, shall
not operate as a waiver of such rights, powers and remedies.
All 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.
9. 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.
10. LEGAL REPRESENTATION.
Each of the parties have received independent legal
advice as to the nature and obligations of this complete
Settlement Agreement and each party has been fully informed
of its respective legal rights, obligations and duties
as well as liabilities by its respective attorneys.
11. 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.
12. RELEASE OF ALL CLAIMS.
Each party, except as otherwise provided for in this
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Agreement, releases the other from all claims, liabilities,
debts, obligations, actions, and causes of action of 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.
13. RECORDATION.
This Agreement shall be recorded in the public records
of Broward County, Florida.
14. GOVERNING LAWS.
This Agreement shall be governed by and construed
in accordance with the laws of the State of Florida.
15. SURVIVAL OF REPRESENTATIONS.
The representations, warranties, indemnifications
made by the parties herein shall survive this Agreement
and closing hereon.
16. 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.
17. 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.
18. SUCCESSORS AND ASSIGNS.
This Agreement 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.
0 Me
CI
11
Witnesses:
STATE OF FLORIDA
COUNTY OF r!
HIDDEN HOLLOW APARTMENTS,
LTD. _.
As 'i--en t•-- of
CAIDINA'h INDUSTRIES, INC.,
General Partner
HIDDEN HOLLOW APARTMENTS,
II, LTD.
Y
As-esi-dent--of
CAR15INAL INDUSTRIES, INC.,
General Partner
GREENVIEW 4PARTMPNTS,'i'
As si-dent -,of
i
CAR NAL INDUSTRIES, INC., W
General Partner
CITY OF TAMARAC, a municipal
subdivision of the State
of Florida
Mayor
ATTEST:
By: _C' 2
Cityf Clerk
ATTEST:
By: -JIY
City Man
I HEREBY CERTIFY that on this day personally appeared
before me, an officer duly authorized to administer oaths
and _ take ack ldt
- �gwegemens, as �.e----►det of CARDINAL INDUSTRIES, INC., General
Partner, to me well known and known to be to be the person
who executed the foregoing Settlement Agreement and he
acknowledged that he signed and executed the same for the
purposes therein stated.
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed my official seal at said County
and State. this "2..-6, day of 1986.
My commission expires:
STATE OF FLORIDA
COUNTY OF BROWARD
Notary Public State of Florida
at large.
i1�'OTAV rUn' « STD. f- C7F
I HEREBY CERTIFY that on this day personally appeared
before me, an officer duly authorized t.�? administer oaths
and take acknowledgements, the MAYOR,0TY CLERK and CITY
MANAGER of the CITY OF TAMARAC, FLORIDA to me well known
-7-
STATE OF FLORIDA
COUNTY OF r!
HIDDEN HOLLOW APARTMENTS,
LTD. _.
As 'i--en t•-- of
CAIDINA'h INDUSTRIES, INC.,
General Partner
HIDDEN HOLLOW APARTMENTS,
II, LTD.
Y
As-esi-dent--of
CAR15INAL INDUSTRIES, INC.,
General Partner
GREENVIEW 4PARTMPNTS,'i'
As si-dent -,of
i
CAR NAL INDUSTRIES, INC., W
General Partner
CITY OF TAMARAC, a municipal
subdivision of the State
of Florida
Mayor
ATTEST:
By: _C' 2
Cityf Clerk
ATTEST:
By: -JIY
City Man
I HEREBY CERTIFY that on this day personally appeared
before me, an officer duly authorized to administer oaths
and _ take ack ldt
- �gwegemens, as �.e----►det of CARDINAL INDUSTRIES, INC., General
Partner, to me well known and known to be to be the person
who executed the foregoing Settlement Agreement and he
acknowledged that he signed and executed the same for the
purposes therein stated.
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed my official seal at said County
and State. this "2..-6, day of 1986.
My commission expires:
STATE OF FLORIDA
COUNTY OF BROWARD
Notary Public State of Florida
at large.
i1�'OTAV rUn' « STD. f- C7F
I HEREBY CERTIFY that on this day personally appeared
before me, an officer duly authorized t.�? administer oaths
and take acknowledgements, the MAYOR,0TY CLERK and CITY
MANAGER of the CITY OF TAMARAC, FLORIDA to me well known
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and known to be the persons who executed the foregoing
Settlement Agreement and they acknowledged that they signed
and executed the same for the purposes therein stated.
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed my official seal at Tamarac, said County and State,
this day of ,1986.-
Notary P� State of Florid -a
at large.
My commission expires:
W13
NOTARY PUBLIC STATE OF FLOpIDA
NY COMMISSION EXP SEPT 17,1,80
BONDED TNRU GENERAL INS. yNp,
is
40
CERTIFICATE OF CORPORATE RESOLUTION
I, JUELLEN A. BOYD, the duly elected and acting Assistant
Secretary of CARDINAL INDUSTRIES, INC. (the "Company"), an Ohio
corporation, do hereby certify that at a special meeting of the
Board of Directors of the Company, duly called and held on the
25th day of November, 1986, at which a quorum was present and
acting throughout, the following Resolution was duly adopted
which has not been altered, modified or rescinded and which is in
full force and effect:
BE IT HEREBY RESOLVED: That ALFRED J. MONTBRIAND
be and is hereby authorized to execute, on behalf
of CARDINAL INDUSTRIES, INC., as general partner
of HIDDEN HOLLOW APARTMENTS, LTD. and HIDDEN HOLLOW
APARTMENTS II, LTD., Florida limited partnerships,
that certain Settlement Agreement by and between
the CITY OF TAMARAC and CARDINAL INDUSTRIES, INC.,
bearing Case No. 72-11731CZ.
I further certify that the foregoing Resolution remains in
full force and effect, has not been rescinded nor modified, and
conforms with the Charter and By -Laws of the Company.
IN WITNESS WHEREOF, I have hereunto set my hand as Assistant
• Secretary and affixed the Company's Corporate Seal, by order of the
Board of Directors, the 25th day of November, 1986.
CARDINAL INDUSTRIES, INC.,
an Ohio corporation
i _
j`UELLEN A. BOYD, Assistant Secretary
ATTEST:
Z_
ICHAE4 E. GRAY, Vice --Present