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HomeMy WebLinkAboutCity of Tamarac Resolution R-93-137Temp. Reso. #6571 3 s CITY OF TAMAAkC, FLORIDA 3 RESOLUTION NO. R-93- �3 A RESOLUTION AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE AN AGREEMENT AND COVENANT RUNNING WITH THE LAND (HOLD r HARMLESS AGREEMENT) WITH LENNAR HOMES, INC., FOR A FENCE IN A RECORDED UTILITY EASEMENT FOR THE LOMBARDY PROJECT; AND PROVIDING AN EFFECTIVE DATE. 9 30 32 33 34 33 ]6 37 16 33 22 23 24 25 26 27 29 29 )0 32 13 34 3S BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: That the appropriate City Officials are hereby authorized to execute an Agreement and Covenant Running With The Land (Hold Harmless Agreement) with Lennar Homes, Inc., for a fence in a recorded utility easement for the Lombardy project, a copy of said agreement being attached hereto as "Exhibit 1". SECTION 2: That the City Clerk is hereby authorized and directed to record said agreement in the public records of Broward County. SECTION 3: This Resolution shall become effective immediately upon adoption. PASSED, ADOPTED AND APPROVED this o<�7 day of az4,1993. ATTEST: ��. CAROL A. EVANS CITY CLERK MAYOR I HEREBY CERTIFY that I have DIST 1: approved this Resolut' n as . DIST.2: t form n DIST. 4: �1 ©1ST. : ITCHELL S. CITY ATTO i L. BENDER MAYOR RECORD OF COUNCIL VOTE C� AGREEMENT AND COVENANT RUNNING WITH THE LAND FOR LOMBARDY THIS COVENANT effective this 9 day of 1993, by and between LENNAR HOMES, INC, having an address of 7600 Nob Hill Road, Tamarac, Florida 33321 (hereinafter referred to as "Developer'), and CITY OF TAMARAC. FLORIDA, having an address of 7525 N.W. 88th Avenue, Tamarac, Florida 33321 (hereinafter referred to as "Tamarac"). WITNESSETH: WHEREAS, Developer is the owner of a parcel of land in the City of Tamarac, County of Broward and State of Florida described in Exhibit (A) attached hereto and hereby incorporated herein by reference; and WHEREAS, Developer is building a subdivision on said property and in the course of said construction will erect a fence on a Utility Easement which is recorded by plat in Plat Book 150 Page 10 of the public records of Broward County, Florida. WHEREAS, said fence is described on the site plan for Lombardy prepared by Carnahan & Proctor Associates and dated, a copy of which is on file with Tamarac. WHEREAS, Tamarac requires that Developer hold Tamarac harmless against any expense of removal of said fence. NOW, THEREFORE, in consideration of the premises and the mutual covenants herein contained, the parties hereto hereby agree as follows: 9 1. Developer shall remove said encroachment at such time as Developer shall be required to do so by Tamarac or any lawful titleholder to said easement, LA kq3-13 � 0 2. Developer shall hold Tamarac harmless from and indemnify Tamarac against all claims, liability and expenses arising from the aforesaid encroachments, including the expense of removing and relocating same. 3. Developer shall place a plaque on the fence and shall state as follows: "This fence may be ordered removed by the City of Tamarac as no cost to the City should its removal become necessary to repair any utility lire. The cost of removal shall be be borne by Lennar Homes, Inc., its successors and assigns". 4. This Agreement contains the entire Agreement between the parties • relating the subject matter hereof. No amendment shall be binding unless reduced to writing and executed by both parties hereto. 5. This Agreement shall run with the land and bind Developer, its agents, heirs, successors and assigns and subsequent owners of the aforesaid described real estate. r: IN WITNESS Presents to be WHEREOF, the parties hereto have caused these executed on the day and year indicated below: Signed, sealed and delivered in the presence of: ATaiLJ4 Martin L. Lefs az=c0==ec Secret Asais tan (Corporate Seal) STATE OF FLORIDA COUNTY OF BROiWARD SS DMLOPEAidWNER ; jLennnarr HoL,I�nc. By: / Michael .7. Smo vice President I HEREBY CERTIFY that on this day, before me, an officer duly �authorixed in the State aforesaid and in the County aforesaid to take acknowledgments, Personally appeared Michael J. Smolak to me known to be the persons) described in and who executed the fdrecoing !.nstr-,;=ent and he acknowledged before me under oath that he executd the same. and WITNESS ray hand and official seal this 2np day of T= 19 9.3 2-Y7� Gc CL Z,c NARY PUBLIC, State of Florida at Large Laura A. Farrnaciari (Name of Notary Public: Print, Stamp, or Type as Commissio LAURA D. FORNACIARI Persona�ly MY COMMISSIONNCC213782 ( known s July27, 1996 Producedto me, or :�: -�:�: �xplRes: identifi cation s F�''sondIdr►w,Nab" PubkUnde,,,,ft m Type of S.D. Produced ( ) DID take an oath, or (=) DID NOT take an oath. Signed, sealed and delivered in the Presence of: ATTEST BY; JojrSn P . Ae11y ty Manager ATTEST: E y : Carol A. Evans, City Clerk STATE OF FLORIDA SS COUN^_� QF BROW,A� ACCEPTED BY CITY -OF TAMARAC, CITY OF TAB C By: H• E der, Ma or Date: /d 9l 9_�5 Johhn P . Kelly ity Manager Date: /d /may/ APProv a a By: Mit ellS Rraay : t, ;f Ci Atto ey I HERESY CERTIFY that On this day, "before me, ar_ officer duly authorized in the State aforesaid and in the Countv aforesaid to take acIClowledgments, Mersonally appeared + to nee kzcwn to be the rexsan (s ) desc, i bed in and who executed the foregoing instrument and � acknowledged before me that `7�y executed the same. WITNESS my hand and official seal this �f�av of 19 NOTARY Ptii3LxC, State of ��— Florida at Large ROTARY PUBLIC STATE OF FLORIDA MY COMMISSION EXP. t!OV. 6,19" BONDED THRU GENERAL Ips. UMD. (Name of Notary public: Print, Stamp, or TyFe as Commissioned) f ) Personally known to me, or Produced identification Type of I.D. Produced } DID take an oath, or (✓) DID. NOT take an oath. 0 C� 0 • EXHIBIT "A" LEGAL DESCRIPTION PARCEL "A" OF THE PLAT ENTITLED "LOMBARDY" 150 AT PAGE 10 OF THE PUBLIC RECORDS OF SAID LANDS SITUATE IN THE CITY OF TAMARAC, AND CONTAIN 14.372 ACRES, MORE OR LESS. cll/gen.1 'e, - C73 - / J- � I* AS RECORDED IN PLAT BOOK BROWARD COUNTY, FLORIDA. 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