HomeMy WebLinkAboutCity of Tamarac Resolution R-90-2251 Temp. Reso. #5896
2 CITY OF TAMARAC, FLORIDA
3 RESOLUTION NO. R-90- ?Q tZ
4 A RESOLUTION AUTHORIZING THE APPROPRIATE CITY
OFFICIALS TO EXECUTE AN AGREEMENT AND COV-
ENANT RUNNING WITH THE LAND OFFERED BY ICON
DEVELOPMENT CORPORATION PERTAINING TO DUMP-
! STER ENCLOSURE, PARKING LOT LIGHTS AND POLES
AT CORAL CREEK/MISSION LAKES PROJECTt
AND PROVIDING AN EFFECTIVE DATE,
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TAMARAC, FLORIDA:
0 SECTION 1t That the appropriate City officials are
1 hereby authorized to execute an Agreement and Covenant Running With
2 The Land offered by ICON Development Corporation pertaining to
3 dumpster enclosure, parking lot lights and poles which may encroach
upon a utility easement at Coral Creek/Mission Lakes projects a
5 copy of said document being attached hereto as "Exhibit 1."
6 SECTION 2: That the City Clerk is hereby authorized
7 and directed to record said agreement in the public records of
B Broward County, Florida.
SECTION 3: This Resolution shall become effective upon
adoption.
PASSED, ADOPTED AND APPROVED this /d day of ,1990
ATTEST:
CAROL A. EVAMS
CITY CLERK
I HEREBY CERTIFY that I have
approved this Resolution as
to f
ALAX FvAMQF
CITY TO
TZ
MAYOR
RECORD OF COUNCIL VOTE
MAYOR____-ABRAMOWITZ
QA4,r_
DISTRICT l:
CIM ROHR�
DISTRICT2: _
CIM SCHUMANN _
DISTRICT 3: ,
V/M HOFFMAN
DISTRICT4: _
CIM BENDER ,
4
2
AGREEMENT AND COVENANT
RUNNING WITH THE LAND
FOR: CORAL CREEK aka MISSION LAKES
THIS COVENANT made this day of May, 1989 by and
between ICON DEVELOPMENT CORPORATION, a Florida corporation
(hereinafter referred to as "Developer"), and CITY OF TAMARAC, FLORIDA
(hereinafter referred to as "Tamarac").
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 an apartment complex on said
property and in the course of said construction has erected a dumpster
enclosure which may encroach upon a utility easement recorded in O.R. Book
9093, Page 989, and parking lot light poles which may encroach upon a
utility easement recorded in O.R. Book 9093, Page 989; and
WHEREAS, said parking lot lights and poles are described on the
as built" plans for Coral Creek aka Mission Lakes prepared by Craven -
Thompson & Associates, Inc., and dated z 3 -- S9a copy
of which is on file with Tamarac.
WHEREAS, Tamarac requires that Developer hold Tamarac
harmless against any expense of removal of said parking lot lights and poles.
NOW, THEREFORE, in consideration of the premises and the
mutual covenants herein contained, the parties hereto hereby agree as
follows:
I. Developer shall remove said encroachments or either of them at
such time as Developer shall be required to do so by Tamarac or any lawful
titleholder to said easements.
2. Developer shall hold Tamarac harmless from and indemnify
Tamarac against all claims, liability and expense arising from the aforesaid
encroachments, including the expense of removing and relocating same.
1
3• Developer shall place a note on the as built plans of the aforesaid
w project plans and shall state as follows:
These lighting poles may be ordered removed by the City of Tamarac at
no cost to the City should its removal become necessary to repair any
utility line. The cost of removal shall be borne by Icon Development
Corporation, its successors and assigns."
4. This Agreement contains the entire Agreement between the
parties relating the subject matter hereof. No amendment shall be bindin
unless reduced to writing and executed by both parties hereto, g
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.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement as of the day and year first set forth above.
WITNESS:
PA
a e
Paul Bilton
STATE OF FLORIDA
COUNTY OF BROWARD
ICON DEVELOPMENT CORPOR.6T,ION , , .
6262 d new. 3G.. .. ,
Mia i, Florid 33 55
do Zu ueta,"resident
I HEREBY CERTIFY that on this day, before me, an Officer duly
authorized in the State aforesaid and in the County aforesaid to take
acknowledgements, personallya e
ICON DEVELOPMENT CORPORATION to me known to bet of
cr
in and who executed the foregoing instrument and he acknowledged before
me that he executed the same.fore
WITNESS hand and official seal in the County and State last
aforesaid this day of
1989.
My Commission Expires: tary Public
NOTARY PLIOLT, STAT[ OF FLORIDA.
dMY COMt';'S81C"' NOV. 12, 1990.
OKYGU lhf.J !r'C,.,ti:' j:J r-,C U;-ILERWRITER*. �• I ..
;r
2
t
O
ACCEPTED BY CITY OF TAMARAC,
arman Abramowitz,
YOR
ATTEST:
By Oaroi�.A. Ev ns,
CITY CLERK
Date: 101161spo
Approvea-.4ks to_ form;
U=��r�
Alan-7. Ru
ACTING CIT ATTORNEY
STATE OF FLORIDA
COUNTY OF BROWARD
r
I HEREBY CERTIFY that on this day, before me, an Officer duly
authorized in the State aforesaid and in the County aforesaid
to take acknowledgments, personally appeared
44d a d {r to me known to be tperr �� '• /��ya�
de„ scribed in who executed the foregoing instrument and
2%Z4r "_' acknowledged before me that 7�
executed the same.
WITNESS my hand and official seal in the County and State
last aforesaid this /A'f1' day of ���
A.D. 19 9U .
1
NOTARY P IC, STATE OF FLORIDA
My Commission Expires:
i
NOTARY PUBLIC STATE OF IrLMIDA
MY COMM'SSION EXP, JUNE So1994
BONDED THRU GENERAL INS. Upp.
MAST-DOC
BPSIEE
Revised 10/88
7/21/68, 12/88
06/05/90
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