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HomeMy WebLinkAboutCity of Tamarac Resolution R-82-138Introduced by C/M Disraelly Temp. Reso # ,g / " 1 2 3 4 5 6 7 10 11 12 13 14 15 16 17 18 19 21 22 23 24 �J 26 27 28 29 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R- 82-138 A RESOLUTION APPROVING AN AGREEMENT WITH CRESTMARK CORPORATION PERTAINING TO WATER AND SEWER PAYMENTS; AND PROVIDING AN EFFEC- TIVE DATE. WHEREAS, the Developer of Banyan Lakes, Crestmark Corporation, has been undercharged for several connection charges and has also failed to pay certain other interest and Guaranteed Revenues charges; and WHEREAS, the Developer has requested that the City of Tamarac approve a proposal for the payment of these charges; and WHEREAS, the City Council has considered this Agreement and finds it to be in the best interests of the welfare of the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF TAMARAC, FLORIDA, AS FOLLOWS: SECTION 1: The Agreement dated the 12th day of May , 1982 between Crestmark Corporation and the City of Tamarac is hereby approved and the appro- priate officials of the City are hereby authorized to execute the Agreement on behalf of the City. SECTION 2: This Resolution shall become effective immediately upon its passage. PASSED, ADOPTED AND APPROVED this 12th day of May , 1982. ATTEST: I HEREBY CERTIFY that I have approved the form and correctness of this RESOLUTION. 32 CI 1 T_ ATTORI�IEY� 33 3^, 35 36 RECORD Of COUNCIL VOTE MAYOR: 42�� 9-.- DISTRICT l: DISTRICT 2- DISTRICT 3: DISTRICT 4: EXf11F 1 i'4 r-8a-13b AMENDMENT AGREEMENT THIS AGREEMENT made this /g _ day ofk , 1982 by and between CRESTMARK CORPORATION, Developer of Banyan Lakes, 6040 Bailey Road, Tamarac, Florida, hereinafter called "Developer", and the City o Tamarac, a municipal corporation of the State of Florida, hereinafter called "City": V I T N E S S E T N: WHEREAS, the parties entered into three Developer Agreements and Addendums thereto as follows: 1. An original Agreement dated April 11, 1979 for fifty ERCs; 2. An original Agreement dated October 20, 1980 for seventy-six ERC s' 3. An original Agreement dated July 8, 1981 for seventy-two ERCs; and WHEREAS, the Developer is in default with respect to provisions in the Agreements listed as (2) and (3) above; and WHEREAS, the Developer has petitioned the City for relief from default and amendment of the aforementioned Developer Agreements: NOW, THEREFORE, BE IT HEREBY AGREED AS FOLLOWS: 1. That' the Developer acknowledges to be in default on interest payable in the amount of $15,917.88 (copies of the computations are attached hereto as Exhibits A and B). The Developer agrees upon execution of this Agreement to pay said sum to the City of Tamarac. Further Developer agrees to pay the monthly interest charge on 102•ERCs as it is accrued and as it is billed by the Finance Department of the City of Tamarac. 2. A. Developer agrees that it is in default in the payment of Guaranteed Revenues pursuant to the Agreements and acknowledges that the sum due is $759.54. A copy of the computation is attached hereto as Exhibit "C". 8. The City agrees that with respect to the Developer Agreement dated July 8, 1981 (more particularly Paragraph K(4)), it will extend the time for paying the balance of the Contribution Charges for not less than 25% of the Units, to July 8, 1983, and extend the time for the payment of the balance of the Reserved Units to July 8, 1984. In no event, however, does the City waive the right to Guaranteed Revenues with respect to the Reserved ERCs; and the Developer agrees to make payments of the Guaranteed Revenues as provided for in the Agreement. For example, Guaranteed Revenues on the Reserved Units shall be due and payable no later than July 8, 1983. 9. Developer agrees that notwithstanding anything in the Developer Agreements to the contrary, that obligations established by the Developer Agreements and by this Agreement shall be a lien upon the lands which are the subject of the Agreements, and any one taking title to the land does so subject to these obligations. The Developer agrees that the Developer Agreements and this Agreement may be recorded in the Public Records of Broward County. 10. There is attached hereto as Exhibit "E" the legal description for Phase III of Banyan Lakes, which description covers undeveloped lands owned by the Developer and which are unencumbered by prior liens, and the Developer agrees that these premises shall stand as security for the payment of the obligations under this Agreement. 11. Developer agrees that the obligations of the Developer Agreements and of this Amendment Agreement may be enforced by the City of Tamarac in the same manner as a Mechanics Lien pursuant to the Mechanics Lien Law of the State of Florida. 12. Developer agrees that the obligations of the Developer Agreements and this Amendment there to may be enforced by the City of Tamarac by adding any obligation due hereunder to the Real Property Tax obligation of the Developer. 13. Developer agrees that any of the remedies set forth above may be enforced separately or cumulatively. 3. 14. The parties agree that in all other respects the Developer Agreements which are the subject of this Amendment are hereby confirmed in their entirety. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed on the day and year first hereinabove written. ATTEST: ML i WA MM�i j. I •, 0 ATTEST: Man OMIKM CITY OF TAMARAC By ThisrYOR y of ,1982le MA �.r.Mr-&-.41 DEVELOPER By: President 4. r STATE OF FLORIDA ) ) SS: COUNTY OF BROWARD ) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and ount)afor a d o take acknowledgements, GcJ to me known and personally appearednstrument, and he known to me to be the person who execu orego ng acknowledged before me that he executed the same. WITNESSAF,--i5 hand �Q official seal in the State and County last aforesaid, this�9 • vy Commission Expires: �Y ELsma STA7E OF FLORIR 1 I ri pVJdl�S101`I AL E.VIO.. APR 2l 984 REl1 . fit.:-o,,"ITMS STATE OF FLORIDA ) ) SS: COUNTY OF BROWARD ) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the pSt:peand County of r s d to take acknowledgements, personally appeared , to me known and known to me to be the person wno,,plecuted the foregoing 1 nstrument, and he acknowledged before me that he i<ecuted the same. WITNESS hand and> off ci al seal in the State and County last aforesaid, this • EU9Ll_a STATE OF FLORIDAVTMEPUBLIU, b AIL OF FLUI ry Commission Expirft:CD' MI�slON EXE1115 A?,R 211984 ZQ V U CWRAC INIS, Ur:�:�'•:'. ?TfRS STATE OF FLORIDA*'., ) ) SS: COUNTY OF BROWARD ) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgements, personally appeared Raymond J. Bruscino of CRESTMARK CORP..; well known to me to be the President of CRESTMARK CORP., who acknowledged before me that he executed the same as the act and'deed for the said Corporation for the uses and purposes therein expressed. WITNESS my hand -and official seal in the State and County last aforesaid, this //i d'�• t1y commission expires: kIOTAw PUSLIC STA i c OF FCORIC. XT [MG# NY CO! "*"' i `S I OP! LXD i kcS JUP!: 7 B�tiu,� l:in:� c:ti.Yti� i;�s. 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WORK ORDER * N? 4312 DATE LOCATION: 1619 T L.aw ct c L Lai.► _ QLAQ DESCRIPTION: y twit 13 �O Rn1s`�2 L tMuLc-1 A34- 6-^Cp cr An"• to Yqw-cL c-ab.e¢ WORK PERFORMED:Q-5en, um &..LL 16 ISSUED TO: jbt,.y t��c By: �. COMPLETED: -L INSPECTED BY: L, G_ CHARGE TO: a 2c,4.i-,*etsZk a-go2Ck. cl AUTHORIZED BY -SIGNATURE MISC. CHARGES MATERIAL: s Sa PRICED BY: Labor: $ `� c INVOICE B . Other: s DATE: Sub Total $ FILED: O.H. i H t OTHER: TOTAL: $ mmn `F C IT UWAOUC UTILMESS .TEST WORK ORDER No 431/3 - DATE I/G / e L LOCATION: ae. ��a L d (c �•_ �, Uj1 ,�DESCRIPTION: 40631C Pimico_ teatQjU,t8 �PU'fT2 ra n `I're� A •'Sew►. � _ rD t 1 r.,�/- l� Q A p � '� � � � C Pc ¢- L. cx ttcc y {'c a.'t ug WORK PERFORMED- Foy - ISSUED TO: COMPLETED: 2-h & ��Z INSPECTED BY: L- CHARGE "TO: MISC. CHARGES MATERIAL: Labor s �8s9 S Ottw: s Sub Total : OH.&H s TOTAL: : PRICED BY. INVOICE By/ - DATE: FILED: OTHER: i I i . 9 1jl::;c'k1I'll Ion: BANYAN LAKES PHASE III All of Parcel "A" of "Banyan Lakes" according to the Plat thereof, as recorded in Plat Dook 102, Page 18 of the Public Records of brow.trd County, Florida, less the following described Parcel: Iivajinninq sit the Northeast corner of said "Banyan J.akos"= thence N. *90 02' 02" W, alonq the North line of said "Banyan Lakes", a distance of 869.44 feet to Lite MaNterly right of way of N. W. to l►+t Avent►el ther►c a R. 44e 21' 58" W. a distaneu of 35.4E feet; themco S. Oo Ot,' 02" E. continuing along said Easterly right of way line, a distance of 976.33 feet= thence S. 810 00' 00" E, is distant, of 94.63 feet; thence N. 1890 53' 58" F., a distance of 52.43 feet to in intersection with the are of as circular curve to the right, having a radius of 108.00 feet :and whose radius bears S. 010 22' 24" W. from the last described point; thence Southarly along the arc of said curve having a central angle of 270 30' 14", an arc distance of 51.84 feet; thence N. 640 23. 53" E, a distance of 137.76 feet to a point of curve; thence Easterly along the are of a circular curve to the left, i►.,vinct a radius of 287.00 feet, a central ancjlu of 380 00, 13"0 :,tt -are distance of 190.36 feet to as point of reverse curve; t 1►tsr►ev c:c»►t inue Easterly along Lhe are of a ei rcular curve to the riyl►t having a radius of 73.00 feet, it central angle of 47e 3t,' 20", an arc distance of 60.G5 feet to a point of tan- gency; thence S. 660 00' 00" E, a distance of 123.62 feet to a point of curve= thence Easterly along the urc of a circular curve to the right, having a radius of 118.Q0 feet, a central angle of 410 59' 43", an arc distance of 86.49 feet; thence N. 400 09' 30" E, a distance of 44.61 feet,'to a point of curve; thence Northerly along the arc of a circular curve to the left, having a radius of 79.00 feet, a central angle of 19c► 14' 06", an are distance of 26.52 feet; thence N. 890 53' Se" E, a distance of 148.53 feet to an intersection with the Fast line of said "Banyan Lakes"; thence N. 00 06' 02" W, along the east line, a distance of 928.61 feet to the Point of beginning. Said lands situate..in 8roward County, Florida. Contatntng 10.06 acres, more or less. CERTIFICATION: T do hereby certify.to the Bank of Coral Springs, 'that the above legal description and acreage computation is true and correct to the best of my knowledge and belief. Acreage added 6-18-80 Certification Revised: 6-24-80 ors W. Cau fie d,PL.S Registered Land Surveyo 01930 State of Florida _�� EXHIBIT "E"