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HomeMy WebLinkAboutCity of Tamarac Resolution R-82-1611 2 3 4 5 6 �8 9 10 11 12 13 14 15 16 _7 18 Ll 11 22 23 24 25 26 27 28 29 30 I -" 33 34 35 36 Introduced by C 10/ CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-82-//1 Temp. # 2286 A RESOLUTION APPROVING STIPULATION NUMBER 13 TO CASE NO. 72-11731 WITH F & R BUILDERS, INC. AND AUTHORIZING APPROPRIATE CITY OFFICIALS TO EXECUTE SAME; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: That Stipulation No. 13 to Case No. 72-11731 with F & R Builders, Inc., is hereby approved and accepted, a copy of this document being attached hereto as Exhibit "A". SECTION 2: That the appropriate City officials are hereby authorized to execute this document on behalf of the City. The City Attorney is authorized and instructed to submit this Stipulation to the Court for approval. SECTION 3: This Resolution shall become effective immediately upon adoption. PASSED, ADOPTED AND APPROVED this day of , 1982. ATTEST: ASSISTANT CITY CLERK. I HEREBY CERTIFY that I have approved the foa�m and correctness of this Resolu�lion. ATTO i WICE-MAYOR RECORD OF COUNCIL VOTE MAYOP6 DISTRICT 1: DISTRICT 2: DISTRICT 3: DISTRICT 4: No Text L) IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA CASE NO. 72-11731 "J" WEISSING LEADERSHIP HOUSING SYSTEMS, + INC., and SIMON ZUNAMON, as Trustee, + Plaintiffs, + VS. THE CITY OF TAMARAC, a municipal corporation, Defendant. + STIPULATION NO. 13 COMES NOW, FAR BUILDERS, INC., a Florida corporation, its successors and assigns, ("F&R") 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 its undersigned counsel, and the CITY OF TAMARAC ("City") by and through its undersigned counsel, as directed and authorized by the City Council of the City, and file this their Stipulation Number 13 and agree and state as follows: 1. The purpose of this Stipulation Number 13 is to further clarify and modify the rights and obligations of F&R and the City with respect to the development of the real property described on Exhibits "C", "D" and "E" of Stipulation Number 12 (herein referred to as the Real Property). Except to the extent modified herein, all of the rights and obligations of F&R, to develop the Real Property and all of the rights and obligations of the City with respect to the development of the Real Property shall remain unchanged and shall continue to be determined b t he Orders of the court enumerated in Paragraph 3 of Stipulation Number 9. y 2• One sentence in the form of a third paragraph shall be added to the end of section 20 of Stipulation Number 9 (as amended by section 1 Stipulation Number 12) which shall rovid�a: of City all rights, title or ownership i P F&R hereby transfers to the p n the above -mentioned 140 unconstructed dwelling units." 3. Attached hereto as Exhibit "A" is the Restrictive Covenant referred to in section 20 of Stipulation Number 9 (as amended by section Stipulation Number 12) a copy of which 7 of shall be recorded in the Official Records of Broward County. 4. F&R covenants to restrict itself, its successors and assigns for the next ninety-nine (99) years in the use of the parcel described in ��E" of Stipulation Number 22 to those uses Exhibit presently allowed in districts zoned B-5 according to City Code Section 28-168 through Section 28-171.08 amended by Supplement No. 13 in January of 1982). Attached here (as "B" is a Restrictive Covenant a � as Exhibit COPY of which shall be recorded in the Official Records of Broward County, which is intended to establish sh that 5. Both parties acknowledge a 9 tYpo9raphical error and amend the legal description on sheet fl of Exhibit "D" to Stipulation Number 12 in part, on lines 21 and 22 should be. which, " distance of 239.05 feet . ," ' •thence S. 09° 18' 03" E., a (instead of 329.05 feet). 6. The five percent (5%) referred to in subsection 4(a) of Stipulation Number 12 is further defined as "five percent (5% revenues derived from subscribers for service". ) of gross 7. F&R is the successor in title to Leadership Housing, Inc. and the present owner of the Real Property. is 2. 8. The parties agree that the Court may retain jurisdiction of this Agreement to enforce any and all provisions contained in this Stipulation. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed on the day and year indicated below. law ATTEST: Signed., sealed and delivered in the resence of: t� 3. CITY OF TAMARAC By � This .2.�_day of ,1982 : 5on 0%, � ge"o-0, r Attorney . 811 N.W. 88th Aven reTamarac, Florida 33ZL// 305-722-5900 Th i s,22_day of 6��_0Z 91982 F&R BUILDER C. By At g& BUILDERS, INC. 95 5 North Kendall Drive Miami, Florida 3317 305-274-2500 This ;,�.,( day of _�,��.. ,1982 No Text