HomeMy WebLinkAboutCity of Tamarac Resolution R-83-3471
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Introduced by: Temp. # 2938
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. - f f Y7
A RESOLUTION APPROVING AMENDED STIPULATION NO. 15
CONCERNING A LANDSCAPING PLAN FOR TRACT 22 AND
AUTHORIZING THE MAYOR AND CITY ATTORNEY TO EXECUTE
SAID STIPULATION ON BEHALF OF THE CITY OF TAMARAC;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Tamarac has considered
Amended Stipulation No. 15 with respect to the landscaping of Tract 22,
NOW, 'IIIEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TAMARAC, FLORIDA:
SECTION 1: The Amended Stipulation No. 15 as presented is
hereby approved.
SECTION 2:. The Mayor of the City of Tamarac and the City
Attorney are hereby authorized to execute the said Amended Stipulation No. 15
on behalf of the City of Tamarac.
SECTION 3: This Resolution shall become effective immediately
upon its adoption.
PASSED, ' 1 O' E11 AND APPROVED this
Of` . 1,1983.
ATTEST:
ASSISTANT CITY CLF,RFi
I HEREBY CERTIFY that I have
approved the form,,on�d correct-
ness of this RESCUTION.
:��A
MAYOR
RECORD OF COUNCIL VOTE
MAYOR FALCK �2
DIST. 1: GIW KRAVITZ:
DIST. 2: V/M MASSARO:
DIST. 3:C/M STELZER:
DIST. 4: CfM KRANTZ��_
d
„ ,art r�cN T It
�y
IN THE CIRCUIT COUW OF THE
SEVERIEMM JUDICIAL CIRCUIT OF
FLORIDA, IN AMID FOR 8MARD
COUNTY
CASE NO: 72-11731
LEADERSHIP HOUSING SYSTEMS, INC.
and SIMON ZUNAMON, as Trustee, .
Plaintiffs,
- vs. -- amm
(Approving Amended
THE CITY OF TAMARAC, a municipal STIPULATION NO. 15)
corporation,
Defendant.
THIS COURT having considered that document entitled Amended
Stipulation No. 15 executed and entered into between Southeast Shopping Centers,
Corp., a Florida General Partnership and the Defendant, The City of Tamarac,
dated December 30 1983 , it is hereby
OFDERED AND ADJU)GED, that the terms of the Amended Stipulation are
hereby adopted and approved as if set forth verbatim herein, and the parties
are directed to comply with all terms and conditions set forth therein.
Amended Stipulation No. 15 shall supercede the provisions of Stipulation No. 15
which was approved by this Cowart in an October 14, 1983 Order. This Court
shall retain jurisdiction to enforce compliance with this Order.
DONE AND �, in Fort Lauderdale, Florida, this / Y
Of 1984.
LOUTS
CIACfJIT COURT JUDGE
Copies furnished Counsel:
Jon M. Henning, Esquire
Gerald M. Higier.
I
I
LEADERSHIP HDUSING SYS'.C'EPJ1S , INC.
and SIMCN ZUNAMON, as Trustee,
Plaintiffs,
- VS. -
jUE CITY OF TAMARAC, a
municipal corporation,
Defendant
IN THE CIRCUIT CDUR'T OF THE SEVENTEENTH
JUDICIAL CIRCUIT OF FLORIDA, IN AND FOR
BRDWARD COUNTY.
CASE NO: 72-11731
ANTED STIPULATION N0, 15
IT IS HWEBy STIPULATED by and between counsel for Southeast
Shopping Centers, Corp., 1541 Sunset Drive, Suite 300, Coral. Gables,
Florida, 33143, and Council for the City of Tamarac, Florida:
1. This is an Amendment to a Stipulation between Robert J.
Bishop, Trustee, and the City of Tamarac, dated June 16, 1978.
July 5, 1978.
2. A Final Judgment approving the Stipulation is dated
3. Southeast Shopping Centers, Corp., is a successor in
title to Robert J. Bishop, Trustee, as to Tract 22, referred to in part of
that June 16, 1978 Stipulation.
4. The parties to this Stipulation hereby agree to delete
the following language from t$ection 4.D. of that June 16, 1978
Stipulation:
"As a part of the landscape plan of this park area
buffer zone, there shall be a continuous six foot
(61) high berm covered in acceptable grass or
ground cover, and the berm shall have a planted
area along the top. The buffer will be developed
with a one (1) to four (4) slope on both sides,
and there shall be one (1) row of trees 30' on
center maximLn on each side of the berm, in a
staggered pattern."
11
L�
-1
AMENDED STIPULATION NO. 15
In place of said deleted language, it is agreed that the landscaping
of said Tract 22 shall be installed and maintained in conformance with
the attached landscaping plan which was approved by the Tamarac City
Council by Resolution No. R-83 -144 on May 25, 1983. Nineteen (19)
Black Olive trees are being added as indicated on the attached plan
and the existing hedge is to be relocated to the top of the berm as
a continuous hedge from Southgate Boulevard, South as indicated. The
remaining provisions of Section 4.D. are unaltered and still in effect.
5. As to all other parts of the said Stipulation, they
are hereby confirmed and shall continue to full force and effect with
respect to Tract 22, (referring to the June 16, 1978 Stipulation).
6. Stipulation No. 15, approved by the Court on
October 14, 1983, is hereby superceded by this Amended Stipulation
No. 15.
7. The parties agree that the Court shall enter a Final
Order incorporating the terms of this Amended Stipulation and we do
further stipulate that the Court shall retain jurisdiction to the
parties hereto, their successors in interest, and the subject matter
of this Stipulation, for the purposes of enforcement of its Order entered
pursuant to this Stipulation.
DATED, this a 17`
r
W S
WITNESS
DATED, this 13
day of 1
1983
DATED, this O 'ram
day of /) i_ c
1983
CITY ATTORNEY - THE CITY OF TAMARAC
Attorney for Defendant/Appellant
5811 Northwest 88th Avenue
Tamarac, Florida, 33321
Phone: (305) 72
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