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HomeMy WebLinkAboutCity of Tamarac Resolution R-82-082I Introduced by Temp. #2224 1 1 CITY OF TAMARAC, FLORIDA 2 RESOLUTION NO. R-�vv�- �•Z 3 A RESOLUTION APPROVING STIPULATION NUMBER 11 TO CASE NO. 72-11731 WITH TRACT 76 CORP., AS TRUSTEE 4 UNDER TRUST AGREEMENT NO. 101 DATED DECEMBER 1, 1972, AND WITH MONTWOOD, INC., AND AUTHORIZING 5 APPROPRIATE CITY OFFICIALS TO EXECUTE SAME; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TAMARAC, FLORIDA: 8 SECTION 1: That Stipulation No. 11 to Case No. 72�-11731 with 9 TRACT 76 CORP., as Trustee under Trust Agreement No. 101 dated 10 December 1, 1972, and with Montwood, Inc., is hereby approved and 11 accepted, a copy of this document being attached hereto as 12 Exhibit "A". 13 SECTION 2: That the appropriate City officials are hereby 14 authorized to execute this document on behalf of the City. The City 15 Attorney is authorized and instructed to submit this Stipulation to 16 the Court for approval. 17 SECTION 3: This Resolution shall become effective immediately '8 upon adoption. +� PASSED, ADOPTED AND APPROVED this day of1982. 21 22 23 ATTEST: 24 ASSISTANT CITY CLERK 25 I HEREBY CERTIFY that I have 26 approved the form and correct- ness of this Resolution. 27 CITY ATTORNEY 1 2 33 34 35 36 MAYOR. DISTRICT DISTRICT DISTRICT DISTRICT MAYOR RECORD OF COUNCIL 40TE IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT, IN AND FOR BROWARD COUNTY, FLORIDA CASE NO. 72-11731 LEADERSHIP HOUSING SYSTEMS, INC., and SIMON ZUNAMON, as Trustee, Plaintiffs, VS. STIPULATION 11 THE CITY OF TAMARAC, a municipal corporation, Defendant. COMES NOW TRACT 76 CORP., a Florida corporation, as a Plaintiff, and as a successor in interest to Plaintiff, SIMON ZUNAMON, as Trustee under the provisions of that certain Trust Agreement dated December 1, 1972, and known as Trust No. 101, as the fee simple titleholder to the area commonly known as The Woodmont Country Club, as virtue of that certain Trustee's Deed recorded December 20, 1979, in O.R. Book 8630, Page 133 of the Public Records of Broward County, Florida, as "Owner"; and MONTWOOD, INC., a Florida corporation, as a Plaintiff, and as a successor in interest to Plaintiff, SIMON ZUNAMON, as Trustee under the provisions of that certain Trust Agreement dated December 1, 1972, and known as Trust No. 101, by and through their undersigned counsel, and the Defendant, CITY OF TAMARAC, by and through its undersigned counsel, as directed and approved by the City Council of the City of Tamarac, and file this their Stipulation and state as follows: WHEREAS, during the course of the reconstruction of The Woodmont Country Club following the fire which took place on or about January 1, 1981, Owner, together with MONTWOOD, INC., with the permission of the City, installed a triple - wide trailer (in an area otherwise designated on the Site Plan as parking) which trailer was used for the administra- tion offices of The Woodmont Country Club and Montwood, Inc. during the reconstruction period; and WHEREAS, the Owner, together with MONTWOOD, INC., desires to continue to use the triple -wide trailer as a s,%les, management, and information center in its current location on an interim basis not to exceed three (3) years. NOW, THEREFORE, it is agreed by and between the parties as follows: 1. Montwood, Inc., has previously submitted to the City a detailed plan for the construction of a soccer field, including irrigation upon lands owned by the City, a copy of said plans as prepared by Keith and Schnars, P.A., on , 1982, is attached hereto as Exhibit "1." 2. The City hereby approves the detailed plan for the construction for the soccer field as previously submitted (Exhibit "1") and agrees that Montwood, Inc., without the sivo necessity of further permit approval, may commence prepara- tion and construction of said soccer field and irrigation system on the real property owned by the City, the legal description of said City property being attached hereto as Exhibit "2." 3. During the course of construction and the initial maintenance of the soccer field and irrigation system, both Montwood, Inc. and the City will have intermingling responsi- bilities outlined as follows: A. Montwood, Inc. will: (1) prepare a detailed plan for construction of the soccer field and irrigation system (Exhibit "1"); ,16-0 (2) stake out the sub -grade elevations for the soccer field in accordance with the plan previously approved by the City; (3) following the completion of the sub -grading of the soccer field by the City, or others, Montwood, Inc. will haul in sufficient top soil to fine grade the W45 soccer field in accordance with the plans previously approved by the City. (4) install the irrigation system in accordance with the plan previously approved by the City, including the electrical connection of the irrigation pump; and (5) grass by sprigs the soccer field in accor- dance with the plan previously approved by the City; (6) fertilize and maintain the soccer field until September 1, 1982; (7) provide technical assistance in training City maintenance personnel to maintain the soccer field and irrigation system during the month of August, 1982. B. The City will: (1) upon reasonable notice and request from Montwood, Inc., subgrade, or cause to be subgraded, the soccer field, appurtenant areas and swales in accor- dance with the plans previously approved by the City to a tolerance of +1"; (2) cause its qualified employee(s) to be avail- able for training by Montwood, Inc.'s personnel at reasonable times and places during the month of August, 1982, in order to assure continued maintenance of the soccer field and irrigation system in a proper fashion; (3) provide any and all permits and easements necessary for the construction and maintenance of the pump, and irrigation lines and soccer field, without cost to Montwood, Inc.; (4) cause Florida Power and Light Company to provide sufficient power to the irrigation pump location to meet the electrical requirements of the pump as specified in the plan as previously approved by the City;; (5) provide security during the construction and maintenance period; and -3- (6) provide insurance coverage throughout the construction and maintenance period and particularly to insure the risk of loss due to vandalism. 4. MONTWOOD, INC. is hereby authorized to continue to operate a sales, management and information center from its current location on an interim basis, subject to permit renewals. 5. MONTWOOD, INC., pursuant to the Ordinances of the City, has applied for a permit to conduct a sales, management and information center which permit shall be renewable semi- annually through March 15, 1985. The permit shall be renewed subject to MONTWOOD, INC'S payment of the permit fees as set forth on Schedule "A" attached hereto, the amount of which shall be determined based upon a certification by MONTWOOD, INC., pursuant to the terms of this Stipulation 11 addressed to the City certifying the number of residential units within the Woodmont Development for which MONTWOOD, INC. f-19' shall conduct a sales, management and information center for the succeeding semi-annual period. In determining the number of units contained within the certification, MONTWOOD, INC. shall delete from its certification units which have been sold or under bona fide contract, and units contained within developments having their own permitted sales and information centers. 6. MONTWOOD, INC. hereby certifies that as of the Lday of March, 1982, the total number of residential units for which MONTWOOD, INC. shall conduct a sales, management and information center for the succeeding period is as f of lows: 266 residential units as enumerated on Exhibit "3" 7. The appropriate City official is hereby directed to issue a permit to MONTWOOD, INC. permitting MONTWOOD, INC. to conduct its operation as a sales, management, and -4- information center within the triple -wide trailer in its current location, and to authorize MONTWOOD, INC. to install directional signage substantially similar to routed wood signage previously approved by the City within the Woodmont Development directing traffic to this location. A list of said signage is attached as Exhibit "4." MONTWOOD, INC., upon completion of the soccer field and irrigation system, pursuant to the terms of the plan as previously attached as Exhibit "1", shall be entitled to 105 residential unit credits against the payment of local park and recreational fees, as otherwise provided by the City as it applies to this property. This credit for payment of local park and recreational fees shall be allocated as designated in writing by MONTWOOD, INC. at the time of City site plan approval of any of the remaining lands owned by MONTWOOD, INC. within the City. This provision shall not be construed as granting any vested rights in MONTWOOD, INC. for the approval of any �. site plan or development plan within the City. 9. MONTWOOD, INC. reserves the right at any time to terminate its operation of a sales, management and information center or to elect not to renew its permit in which event MONTWOOD, INC. agrees upon termination of its operation of the sales, management and information center to remove the triple -wide trailer from its current location within sixty (60) days from the date of termination of its permit. 10. This Stipulation may be filed in the above -captioned cause by any party, ex-parte, for the entry of an appropriate order ratifying and confirming the terms hereof. TRACT 76 CORP., a Florida corporation, AND MONTWOOD, INC., a Florida corporation, BY: TIBALLI & FAYNE Post Office Box 5648 Fort Lauderdale, FL 33310 753-5 13 By Its Counsel EXECUTED this day of March, 1982 CITY OF TAMARAC 5811 N.W. 88 Avenue Tamarac, FL 33321 7 -59 �\ Alan FJ Ruf Acting City Atto ney EXECUTED this day of March, 1982 -5- EXHIBIT 2-a X-PORTION OF SECTION 6. TOWNSHIP 49 SOUTH, RANGE.41 EAST, BROWARD COUNTY. FLORIDA AND TOGETHER WITH A PORTION OF FLORIDA FRUIT LANDS COMPANY SUB- DIVISION NO. 2 OF SECTION 5, TOWNSHIP 49 SOUTH, RANGE 41 EAST ACCORDING TO TtiE PLAT THEREOF, AS RECORDED IN PLAT BOOK 1. PAGE 102 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, BEING MORE FULLY DESCRIBED AS FGLLO:YS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 6t'THENCE S 00006'44 " E, ALONG THE EAST LINE OF SAID SECTION 6, A DISTANCE OF 3274.80 FEET TO THE POIN OF BEGINNINGS THENCE S 60'29'53 " E. A DISTANCE OF S4.53 FEET= THENCE S 40*27 22 " W, A DISTANCE OF 575.19 FEET= THENCE S 08'32'Z2 " W. A DISTANCE OF 33S.0 FEET 70 AN INTERSECTION WITH THE ARC OF A CIRCULAR CURVE TO THE RIGHT, WHOSE RADIUS POINT BEARS. N 08032022 " E. FROM THE LAST DESCRIBED POINT= THENCE WESTERLY AND NORTHERLY. ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 1600.0 FEET, AN ARC DISTANCE OF 45.10 FEET TO THE POINT OF TANGENCY= THENCE N 79'50' 4400 4. A DISTANCE OF 571.66 FEET TO AN INTERSECTION WITH THE ARC OF A CIRCU- LAR CURVE TO THE RIGHT. WHOSE RADIUS POINT ©EARS S 78052*09 " E. FROM THE LAS DESCRIBED POINTi THENCE NORTHERLY AND EASTERLY, ALONG THE ARC OF SAID CURVE :HAVING A RADIUS OF 2347.00 FEET, AN ARC DISTANCE OF 752.53 FEET TO THE POINT OF TANGENCY; THENCE N 29030'07 " E. A DISTANCE OF 342.76 FEET= THENCE S 60' 29053 " E. A DISTANCE OF 634.24 FEET TO THE POINT OF BEGINNING. CONTAINING 1'.218 ACRES, MORE OR LESS. "AND SITUATE. LYING -AND BEING IN'BROWARD COUNTY, FLORIDA. ti� EXHIBIT 2-b A Pon!:ON OF SECTION 6. TOWNSHIP 49 SOUTH. RANGE 41 EAST, BROWARD COUNTY. iLORIDA AND TOGETHER WITH A PORTION OF FLORIDA FRUIT LANDS COMPANY SUB- L):V•ISION NO. 2. OF SECTION 5. TOWNSHIP 49 SOUTH, RANGE 41 EAST ACCORDING 0 HE PLAT THEREOF, AS RECORDED IN PLAT BOOK 1. PAGE 302 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, BEING MORE FULLY DESCRIS90 AS FDAL0WS: ' LOMIMENCItNG AT THE NORTHEAST CORNER OF SAID SECTION 61.THENCE S 00*06144 " E. ALONG THE EAST LINE OF SAID SECTION 6, A DISTANCE OF 3357.22 FEET TO THE PO:NT OF 8EGINNINGt THENCE N 40027*22 " E. A DISTANCE OF 72.90 FEETS THENCE S 22*50*25 " E. A DISTANCE OF 765.82 FEET TO AN INTERSECTION WITH THE ARC OF A CIRCULAR CURVE TO THE RIGHT, WHOSE RADIUS POINT BEARS N 1205002S " W. FROM T%E LAST DESCRIBED POINT= THENCE SOUTHERLY AND WESTERLY, ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 1600,00 FEET, AN ARC DISTANCE OF 597.03 FEET•= 7tiENCE N 08'32122 " E. A DISTANCE OF 335.00 FEET= THENCE N 40027*22 " E. A DISTANCE OF 602.29 FEET TO THE POINT OF BEGINNING, CONTAINING 6.549 ACRES. ^OR£ OR LESS. SAID LAID SITUATE, LYING AND BEING IN BROWARD COUNTY. FLORIDA. ;cc) m-n • c» v� _ • o0 to tv a c� nm to t� h • 3 � Q V ~— 0r o 0 scoot Vl a0 �1 N Q elf 14.118 ACRES v Q Li V AC QES - o 9 , - 4 -�-. 0 .v 5Cc. 6-4q--41 =-- h EXHIBIT 2-a & b —• i � � V � � O ./ z r EXHIBIT "3" RESIDENTIAL UNITS AVAILABLE FOR SALE WITHIN WOODMONT AS OF MARCH 15, 1982 Woodmont Tract 50 - 36 residential units .�.. Woodmont Tract 57 - 118 residential units y Woodmont Tract 60 - 49 residential units Woodmont Tract 62 - 15 residential units Woodmont Tract 63 - 22 residential units Woodmont Tract 72B - 26 residential units Also available for sale, but having their own sales and information centers are residential units within Woodmont Tracts 47, 54, 64, 68, 70, 71 and 74/75. EXHIBIT "4" Ten (1) routed wood "sales center and information", 16" x 6' boards, installed on existing directional sign boards within the Woodmont development, marked "A" on the attached map Twelve (12) routed wood "sales center and information", 24" x 6' with 6" x 6" legs, installed in new locations within the Woodmont development, marked "B" on the attached map 611 ATTACHMENT TO EXHIBIT "4" TO STIPULATION 11 Builder Site and Location Map, 1 14. 11� �1)tInciii t j i I I r Iic,irin� srrE so - SITE 48 i. SITE 47 S SITE 49 5 \ Q "/A SITE 5 1 SITE SITE 64 - irl F ,, A �t�Nt10'�E Doc