HomeMy WebLinkAboutCity of Tamarac Resolution R-98-020Temp. Reso.#8061 November 6, 1997 1
CITY OF TAMARAC
RESOLUTION NO. R-98- Zd
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA, AUTHORIZING THE
APPROPRIATE OFFICIALS TO ACCEPT AND EXECUTE AN
AGREEMENT AND COVENANT RUNNING WITH THE LAND
(HOLD HARMLESS AGREEMENT) WITH SHANGRI-LA
ENTERPRISES, INC., FOR THE DRIVEWAYS ERECTED IN
A UTILITY EASEMENT IN THE SHANGRI-LA PROJECT
LOCATED ON THE SOUTH SIDE OF SOUTHGATE
BOULEVARD BETWEEN NW 818T AVENUE AND PINE
ISLAND ROAD; PROVIDING FOR CONFLICTS; PROVIDING
FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, Shangri-La Enterprises, Inc., developer of the Shangri-La Project
(attached hereto in map form as "Exhibit 1 ") located on the south side of Southgate
Boulevard between NW 81"Avenue and Pine Island Road constructed driveways in a
utility easement; and
WHEREAS, the developer, Shangri-La Enterprises, Inc., has offered an
Agreement and Covenant Running with the Land (Hold Harmless Agreement) to the
City of Tamarac; and
WHEREAS, the Developer shall hold the City harmless from any costs or
obligation to restore the driveways as a result of any repair or maintenance to the utility
easement or infrastructure; and
WHEREAS, the Director of Utilities recommends the acceptance and execution
of this Agreement and Covenant Running with the Land (Hold Harmless Agreement) for
the Shangri-La Project; and
Temp. Reso.#8061 November 6, 1997 2
WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be
in the best interest of the citizens and residents of the City of Tamarac to accept and
execute an Agreement and Covenant Running with the Land (Hold Harmless
Agreement) with Shangri-La Enterprises, Inc., for the driveways erected in a utility
easement in the Shangri-La Project.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA:
SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and
confirmed as being true and correct and are hereby made a specific part of this
resolution.
SECTION 2: That the appropriate City Officials are hereby authorized to
accept and execute an Agreement and Covenant Running with the Land (Hold
Harmless Agreement) with Shangri-La Enterprises, Inc., for the driveways erected in a
utility easement in the Shangri-La Project (attached hereto as "Exhibit 2") located on the
south side of Southgate Boulevard between NW 815t Avenue and Pine Island Road.
SECTION 3: That the City Clerk is hereby authorized and directed to
record said agreement in the public records of Broward County.
SECTION 4: All resolutions or parts of resolutions in conflict herewith are
hereby repealed to the extent of such conflict.
SECTION 5: If any clause, section, other part or application of this
Resolution is held by any court of competent jurisdiction to be unconstitutional or
Temp. Reso.#8061 November 6, 1997 3
invalid, in part or application, it shall not affect the validity of the remaining portions or
applications of this Resolution.
SECTION 6: This Resolution shall become effective immediately upon its
passage and adoption.
1998.
PASSED, ADOPTED AND APPROVED this 21� day of �Y�
ATTEST:
PATRICIA MARCURIO, CMC
ASSISTANT CITY CLERK
I HEREBY CERTIFY that I have
approvo this RESOLUTION as
to fo d
ITCHELL-&
CITY ATTO
Utilities:dawaml
1
JOE SCHREIBER
MAYOR
RECORD OF COMMIS
MAYOR SCHREIBER
DIST 1: COMM. McKAYE
DIST 2: V/M MISHKIN
DIST 3: COMM. SULTANOF
DIST 4;.. COMM ROBERTS
VOTE
EXHIBIT
•
•
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TEMP. RESO. # 8061
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SHANGRIL.DWG
SHANGRI-LA
AGREEMENT AND COVENANT RUNNING WITH THE LAND
(HOLD HARMLESS AGREEMENT)
EXHIBIT 2
Temp. Reso.#8061
• AGREEMENT AND COVENANT
RUNNING WITH THE LAND
•
FOR: SHANGRI-LA AT WOODMONT (Development's Name)
THIS COVENANT made this 28 day of7anuary 1998 by and between
Shangri-La Enterprises, Inc. having an address of c/o Gasperoni Real Estate, Inc., 2501 E.
Commercial Boulevard, Fort Lauderdale, Florida 33308, herein referred to as "Developer", and the
CITY OF TAMARAC, FLORIDA having an address of 7525 NW 88th Avenue, Tamarac, Florida
33321, hereinafter referred to as "Tamarac"
WITNESSETH:
WHEREAS, Developer is 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 residential units on said property and in the course
of said construction erected driveways within a Utility Easement which is recorded in O.R. Book
24499, Page 905 of Broward County and per the plat recorded at O.R. Book 162, Page 42, records
of Broward County; and
WHEREAS, said driveways are described on the site plan for Shangri-La at
Woodmont prepared by Louis Barrera, a copy of which is on file with Tamarac; and
WHEREAS, Tamarac requires that Developer hold harmless against any expense of
removal of said driveways.
NOW, THEREFORE, in consideration of the premises and mutual covenants herein
contained, the parties hereto agree as follows:
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.
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.
Page 1
E
C7
3. Developer shall place a plaque on the site and shall state as follows: "This
structure 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 Shangri-La
Enterprises, 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 or Owner, its
agent, heirs, successors and assigns and subsequent owners of the aforesaid described real estate.
Page 2
• IN WITNESS WHEREOF, the parties hereto have caused these presents to be
executed on the day and year indicated below:
•
E
Signed, sealed and
delivered in the presence of:
ATTEST:
EIv:t,--
S. Noe, Jr.,
M,Itaager
ACCEPTED BY CITY OF TAMARAC
GRANTEE
By: 29A���
Joe4chreiber,
M or
Date: January 28, 1998
ATTEST:
By: Aa S. Noe, Jr.,
Patricia Marcurio, CIVIC i Manager
Asst. City Clerk
Date: January 28 1998
STATE OF FLORIDA
SS
COUNTY OF aROwARD:
Date: January 28, 1998
A ro a as form
Y�
itch II Kraft,
ci y rney
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 Joe Schreiber Robert S. Noe Jrto me known to be the person(s)
described in and who executed the foregoing instrument and they acknowledged
before me and under oath that they,., executed the same.
WITNESS my hand and official seal this 28 day of January , 1998
OFFICIAL NOTAPIY SEAL
Ede _
ri PHYLLIS POLIKOFF
COMMISSION NUMBER
4C
CC390392
MY COMMISSION EXP.
SEPT 231998
x) Personally known to me, or
) Produced identification
�iI4- 24 6ZZ
NOTARY PUBLIC, St of Florida
at L;�rge
IIX
(Namd of Notary Public: Print, Stamp, or
Type as Commissioned)
( ) DID take an oath, or ( x) DID NOT take an oa hype of I.D. Produced
IN WITNESS WHEREOF, Owner has hereunto set his hand and seal on the day and
year first above written.
ATTEST: SHANGRI-L NTERPWSES,-WC.
i
!E�ro: BY: eroni M'estate, Inc.,
Ma gent
By:
\Sarn Gaspero i -MV ,- -Pre sCden
Type Name Marilyn Gasperoni
Corporate Secretary
(Corporate Seal)
STATE OF FLORIDA
COUNTY OF BROWARD
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 Sam
Gasperoni, President of Gasperoni Real Estate, Inc., Managing Agent for Shangri-La Enterprises,
Inc., to me known to be the person(s) described in and who executed the foregoing instrument and
he acknowledged before me that he executed the same.
WITNESS my hand and official seal this )0 day of LOV6-Vter
1997.
f4OTA1k'f PVBL.JQr,,t.,4 Z a at Large
1".), C" ;K;'! !G E ' CC3S34ZXPIRES
arl20.'S
Print," Stamp, or Type name of Notary of Public
Personally known to me, or
Produced identification N/4
Type of I.D. Produced
DID take an oath, or DID NOT take an oath
0
AFFIDAVIT SHALL BE COMPLETED WHEN MORTGAGEE SIGNATURE IS N T
APPLICABLE
I, Sam Gasperoni, do hereby affirm that I am the President of Gasperoni Real Estate,
Inc., Managing Agent for Shangri-La Enterprises, Inc., and that I have executed a Hold Harmless
Agreement with the City of Tamarac for Shangri-La at Woodmont project and that Shangri-La
Enterprises, Inc. is the Owner of the property covered by said Hold Harmless Agreement.
There are no mortgages held on the property which is the subject of said Hold
Harmless Agreement.
FURTHER AFFIANT SAYETH NOT.
SHANGRI-
BY: ast
:5
STATE OF FLORIDA
COUNTY OF BROWARD
Sam Gasperoni,
Inc.
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 Sam
Gasperoni, President of Gasperoni Real Estate, Inc., Managing Agent for Shangri-La Enterprises,
inc., to me known to be the person(s) described in and who executed the foregoing instrument and
he acknowledged before me that he executed the same.
WITNESS my hand and official seal this I L day of I OV(� rri)-e--f
1997.
NQ.'FAR'Y PL�BLIG,_State,.ofFPorida at Lar e
Print, Stamp, or Type name of Notary of Public
(Personally known to me, or
( ) Produced identification T\I
Type of I.D. Produced
( ) DID take an oath, or (�h DID NOT take an oath
EXHIBIT A
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•
r MCLAUGIILIN ENGINEERING CO.
Telephone (954) 763.7611 . 'I'clecupicr (954) 763-7615
400 N. E. Thir"renue l`ort_I.audcrdale florid:, 33301
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SKETCH AND DESCRIPTION
WC'A rYON MAP
Nor TO -<ALE
rV0('ArFs m,)k1-v,7,f11co4Ae
A portion of Tract 21 of FLORIDA FRIUT LANDS CO. SUBDIVISION NO. 2 of Section 33, Township 48 South, Range
41 East, according to the plat thereof recorded in Plat Book 1 of Page 102. of the Public Records of Palm Beach County,
Florida, together with a portion of Tracts 3 and 4 of FORT LAUDERDALE TRUCK FARMS SUBDIVISION of Section 4,
Township 49 South, Range 41 East, according to the plat thereof recorded in Plat Book 4, Page 31, of the Public Records
of Broward County, Florida; all being more particularly described as follows:
Commencing at the Southwest corner of said Section 33; thence S 87"39'57" E, along the South line of said Section 33,
a distance of 53,05 feel to the Point of Beginning of this description; thence S 0°09'03" E, a distance of 392.86 feet;
thence S 89°33'35" E, a distance of 400.00 feel, thence N 0°09'03" W, a distance of 435.00 feet, thence N 89°33'35" W
along the South Right -of -Way line of Southgate Boulevard and being a fine286.00 feet South of and parallel with as
measured at right angles to the South Right -of -Way line of the Central and Southern Florida Flood Control District C-14
Canal, a distance of 400.00 feel; thence S 0"09'03" E, a distance of 42.14 feet to the Point of Beginning.
The above described land now K-o— 4, -11of the plat of SHANGRI LA AT WOODMONT, according to the plat thereof
recorded in Plat Book 162, Page 42. of the public records of Broward County, Florida.
Certified correct. Dated at Fort Lauderdale, Florida, this 2nd day of September, 1997.
Revised this 5th day of September, 1997, to add the plat of SHANGRI IA AT WOODMONT.
NOTES: McLAUGHLIN ENGINEERING CO.
(1) THIS IS NOT A SURVEY.
(2) This sketch reflects all easements and rights -of -way as shown on the above _
referenced plat. The subject property was not abstracted for other easerents �� eraaughlin
road reservations or rights -of -way of record by McLaughlin Engineering Co. Registered Land Surveyor No 5269
(3) Description Furnished by client. Slate of Florida
(4) Bearings are assumed and refer to South 87-39'57" East for the South line of Section 33.
(5) S.W.=Southwest, R/W=Right•of-Way, (L = Centerline, P.O.B.=Point of Beginning, P.O C.=Point of Commencement,
SO.FT.=Square Feet, A=Acres, &=And, U.E.=Utility F,asemenl.
(6) THIS DRAWING IS NOT VALID UNLESS SEALED WITH AN EMBOSSED SURVEYORS SEAL,
Fu:w DWK NO. N/Jr4
JOd Oknt:K No.