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Home My WebLink AboutCity of Tamarac Resolution R-82-1261 2 3 4 5 8 9 10 11 13 14 15 16 17 18 .21 22 23 24 25 26 27 28 29 30 i `33 t 34 35 36 Introduced bya/�� Temp. #2252 CITY OF TAMARAC, FLORIDA RESOLUTION 110. R-X2_yg:j14 A RESOLUTION APPROVING AN AGREEMENT WITH LINDSLEY, INC., PERTAINING TO THE PER- FORMANCE OF CERTAIN WORK ON PROPERTY LOCATED BETWEEN W. COMMERCIAL BOULEVARD AND N.W. 57 STREET, TMIARAC; AND PROVIDING AN EFFECTIVE DATE. 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 with Lindsley, Inc., concerning the performance of certain work on property located between West Commercial Boulevard and N.W. 57 Street, Tamarac, a copy of said Agreement being attached hereto as Exhibit "A". SECTION 2: This Resolution shall become effective upon adoption. PASSED, ADOPTED AND APPROVED thisAeday of , 1982. ATTEST: ASSISTANT CITY CLERK - I HEREBY CERTIFY that I have approved the form and correct- n ,.of this e lution. MAYOR: k ACT CITIIr ATTORN DISTRICT DISTRICT DISTRICT DISTRICT RECORD OF COUNCIL VOTE 0 J 09 AGREEMENT THIS AGREEMENT is made and entered into thisy day of� , *ONO 1982, by the CITY OF TAMARAC, a municipal corporation of the State of W Florida (hereinafter City); and LINDSLEY, INC., a Florida Corporation (hereinafter Developer); M I T N E S S E T N: FOR AND IN CONSIDERATION OF THE MUTUAL COVENANTS CONTAINED HEREIN, m a THE SUFFICIENCY OF WHICH IS HEREBY ACKNOWLEDGED, the parties hereto agree as v, follows: tU Ln 1. STATEMENTS OF FACT= --o (a) Developer owns the property described in Exhibit "A". m ``) (b) Developer desires to perform certain work on portions of the property described in Exhibit "A", said work being described in the application for revised site plan approval which has been filed with the City for Lindsley Home Care Center, Tamarac, Florida, revised drawing dated March 24, 1982. (c) The parties recognize that Broward County regulations do not require that a plat be approved for the work contemplated in subparagraph (b) above, however the City Code requires that an Exception Permit be issued by the City Council of the City to allow certain work to be done without platting. (d) The parties acknowledge that it is to their mutual advantage for the work contemplated to be done pursuant to this Agreement to M o m -n be accomplished pursuant to an Exception Permit to be issued by the City. (e) The parties acknowledge that certain work as enumerated Cr i� in this Agreement, must be performed by Developer in order to satisfy the co Cho development review requirements of the City, and that the performance of such work is a condition of and constitutes the consideration for the CT execution of this Agreement and the granting of the Exception Permit p) contemplated hereby. (f) The parties acknowledge that upon issuance of the Exception Permit permitting the Developer to make the changes to the property shown on the aforesaid Revised Site Development Plan referred to in subparagraph (b) above, that it shall not be necessary to plat those sections of the property in order to accomplish the work shown on those plans. The work to be performed is enumerated in Paragraph 4 below. 2. The Exception Permit to be granted by the City, and which shall specifically exempt the work contemplated by this Agreement from the requirements of platting, shall apply only to the work shown in the revised site plan and described in Paragraph 4 of this Agreement, and shall not apply to any other work to be performed on the property describe'ci in Exhibit "A". If the Developer, or any future owner of the property, desires to perform any other work for which approval of the City is required, then appropriate application shall be made to the City. Platting may be required by the City at that time. 3. In addition to all other approvals contemplated by this Agreement, the Exception Permit shall provide that the following items of work shall be permitted without the Developer being required to meet the requirements for platting, provided that all work shall, as therein described be accomplished in accordance with or pursuant to Exhibit "B" attached hereto. a. The planting of a 5' high Areca Palm hedge and mulch bed in a 3' wide planting area, with a 6" concrete curb, for the length of the property alongside Commercial Boulevard between driveway openings. = o M T! 0-r. ---.A b. The erection of a new wood storage fence at the end of the C ) Southeast wall, approximately 40' in length to hide the wood CO storage items with a chain -link fence for the balance of the East wall. 2. c. Curb the median on the South side of 57th Street for the length of the property. The median shall also be backfilled, sodded and landscaped. d. Where the island separates the driveway between Marshall's Shopping Center and Lindsley's, to extend curbs approximately 15' long to the East and West to prevent cross -over which is currently occurring and could result in accidents at that location. e. Provide for and install a new ground sign at the Southeast corner of the property according to the Beautification Code. f. Place wheel stops along all parking spaces for safety. g. Install a mansard roof on the East end of the South building for a portion of the way similar to the mansard on the Eastern and Northern boundaries. h. Install a five foot wide concrete sidewalk along N.W. 57th Street for the length of Developer's property. i. Paint building above seven feet in height white. j. No storage of any material will be allowed west of the building. k. Pay all required fees involved. 4. This Agreement may be recorded in the Public Records of Broward County, Florida by any party hereto. 5. In the event that it becomes necessary for either party hereto MO to go into Court to compel compliance with any of the terms of this m-n Agreement including the prevailing party shall be entitled to recover costs O and attorney's fees in connection with such proceeding. Cr CO CO .V_ O 3. OD 6. Any notices required to be provided pursuant to this Agreement shall be directed to the following: To the City: To the Developer: Attention of City Manager City of Tamarac 5811 N.W. 88th Avenue Tamarac, Florida 33321 Attention: R.L. Spaulding Director of Real Estate Lindsley, Inc. 8405 N.W. 53rd Street ' Miami, Florida 33166 Any notice mailed to the addresses shown in this paragraph shall be determined to have been received either on the date actually received, or if not received, when notice of non -delivery is received. The addresses shown in the paragraph may be changed by written notice provided to the other parties or their successors. 7. This Agreement shall be binding upon and inure to the benefit of the parties hereto, their respective heirs and successors, and shall run with the land. In the event that the Developer shall convey the property, or if it shall come into the ownership of any other person, party, corporation or entity, then the Developer shall be relieved of liability or obligation hereunder, and all of the same shall become the obligation(s) of the grantee or transferee of the property after the Developer demonstrated to City that notice of the terms and conditions of the Agreement have been furnished to and compliance consented to in writing by the transferee. IN WITNESS WHEREOF, the parties hereto have set their hands and 4. mo M _" n'n C� Un CS0 co -V_ CD UD .r. seal s the day and year fi rst above wri tten. ATTEST: ATTEST: / �7 CITY OF TAMARAC By r W , MAYOR This �_day of-�� `1.98 T zj Jam. �� •y ByCI MANPER �l�C�1iz :. This _J,_day 6Y 1982 DEVELOPER By This, J-(/ day 5. mo m-n 0-n tT� CS3 co STATE OF FLORIDA ) COUNTY OF BROWARD ) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the S ate and County aforesaid to take acknowledgments, personally appeared Lz0). to me known and known to me to be the person who executed the foregoing ins rument, and he acknowledged before me that he executed the same. WITNESS my hand and official seal in the State and County last aforesaid, this _i1% y _r NOTARY PUBLIC, STATE OF FLORIM." My Commission Expires: -� �LOI9E;l� QUDI:Ia SrAT6 OF FLOR I DA AT LARGE r ` cn ;ter MY COMMISSION EXPIRES APR 21 1984 G b !"A Utin-o'< ,ITCZS STATE OF FLORIDA ) COUNTY OF BROWARD ) I HEREBY CERTIFY that on this day, before me, an officer duly authorized i the State and County aforesaid to take acknowledgments, personally appeared to me known and known to me to be the person who a ecuted the foregoing instrument, and he acknowledged before me that he executed the same. WITNESS my hand and official seal in the State and County last aforesaid, this71 NOTARY PUBLIC, FL UR 1 9 ,:" '- My Commission Expires: .• c ? '� i.iUiARY tuaLIC SiAIE Ur rLUKIuA AT LAKIi� MY COMMISSION EXP_IPES APR 21 1984- •• Z = = [C:_ Q 1 C"RAL INS, UNDERWRIIEW# t •_ STATE OF FLORIDA COUNTY OF BROWARD ) �� CO I HEREB CERTIFY that on this day, before me, an officer duly Ln authorized in the tA@6 Coun •y/ aforesaid to take acknowledgments, personally Oo �appeared U to me known and known to me to t e oregoi g instrument, and be the person w o execuVame. he acknowledged before me that he executed the WITNESS my • han �n�,Cfflcial seal in the thisY State and County lastaforesaid, PUBLIC, STATE My Commission Expires:7" °a OF FLORIDA NOTARY PUBLIC STATE OF FLORIDA AT LARGE MY COMMISSION EXPIRES MAR 13 1985 BONDED THRU GENERAL INS . UNDERWRITERS �� ••� 1li:i�1�1.E "A". attnched to and a part of Lawyers Title ln:..,rnnce Corporation Rind!-!r No'. B84795,2, rind marked for identification. A parcel of land lying in Tract 13 of the FORT LAUDERDALE TRUCK FARMS SUBDIVISION of Section 10, Township 49 South, Range 41 East, Broward County, Florida, being r,,ore particularly described as follc»as: Co- -nce at the Southwest corner of said Section 10; thence N. 0' DO, se i3., S3.01feat to s point; thence S. 89' 01' 27." F., »grallat With tt,n SM10% line of said Section 10, S53 feet to the Point of Beginning of this description; thence continue S. 89' Ol' 23" B., Along the last .iescribed'line, loo feet to a point; thence N. 0' 00' Sb" W., 300 f�"t to a point; thence N. 89' O1' 23" W., 100 feet to a point; thence S. 0" 00t 5611 E.0 �.� 300 feet to the Point of Beginning. (A/K/A Lot 6 in Block 4 of LYONS CMAMERCIAL SUBDIVISION, Unrecorded) AND A parcel of land lying in.Tract 13 of tha FORT LAUDERDALE TRUCK FAR?,G SUBDIVISION of Section 10, Township 49 South, Range 41 East, Broward County, Florida, being more particularly described as follows: Commence at the Southwest corner of said Section 10; thence N. 0' 00' S6" W., 53.01 feet to a point; thence S. 89' 01' 23" E., parallel with the South line of said Section 10, 453 feet to the Point of Beginning of this description; thence con tinl;e S. 89' O1' 23" E., along the last described line, 100 feet to a point; thence N. 0' 00' SAS" W., 300 %t to a point; thence N. 89" O1' 23" It., 100 feet to a point; thence S. 0' GO' S6" E., 300 feet to the Point of Beginning. (A/K/A Lot 7 in Block 4 of LYONS CONWRCIAL SUBDIVISION, Unrecorded) AND A parcel of land lying in Tract 13 of the FORT LAUDERDALE TRUCK FARiNS SUBDIVISION of Section 10, Township 49 South, Range 41 East, Broward County, Florida, being more particularly described as follows: Cornence a. the Southwest corner of said Section 10; thence N. 0' 00' S6" W., S3.01 feet to a point; thence S. 89' Ol' 23" E., parallel with the South line of said Section 10, 353 feet to the Point of Beginning of this description; thence continue S. 89" 01, 23" E.; along the last described line, 100 feet to a point; thence N. 0' 00' 5611 W., 30D feet to a point; thence N. 89' Oil 23" W., 100 feat to a point; thence S. 0" 00' 5611 E., 300 feet to the Point of Beginning. .(A/K/A Lot 8 in Block 4 of LYONS COWERCIAL SUBDIVISION, Unrecorded) AND A parcel of land lying in Tract 13 of the FORT LAUDERDALE TRUCK FARMS SUBDIVISION of Section 10, Township 49 South, Range 41 East, Br;ward County, Florida, being more particularly described as follows: Corsrence at the Southwest corner of said Section 10; thence N. 0' 00' S6" W., 53.01 feet to a point; thence S. 89' O1' 23" E., parallel with the South line of said Section 10, 253 feet to the Point of Beginning of this description; thence continue S. 89' O1' 23" E., along the last described line, 100 feet to a point; thence N. 0' 00' 56" W., 300 feet to a point; thence N. 89' 01' 23" W. , 100 feet to a point; thence S. 0' 00.1 S61' E.,, 300 feet to the Point of Beginning. m-q O "n (A/K/A Lot 9 in Block 4 of LYONS C016MRCIAL SUBDIVISION, Unrecorded) o ALL OF WE ABOVE LAMS SITUATE, LYING AND BEING IN BROWA D"CAtM, FLORIDA.t_T1 ,i � . •• • - � �: ., -- CSC co • EXHIBIT A 11 tt+ n , Neegotor s"O• I i / 90 WOOS" F � 4 v; '34 S :r t� ,•off w ' Tay .< o° I'' got woesOt�`�W�� ,t! 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