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Home My WebLink AboutCity of Tamarac Resolution R-98-061Temp. Reso.#8088 December 15, 1997 1 CITY OF TAMARAC RESOLUTION NO. R-98- & / 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 THE CENTRE AT WOODMONT CONDOMINIUM ASSOCIATION, INC., FOR THE SIGN THAT WAS ERECTED IN A UTILITY EASEMENT ON THE CENTRE AT WOODMONT SITE LOCATED ON THE SOUTHWEST CORNER OF UNIVERSITY DRIVE AND NW 78T" STREET; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Centre at Woodmont Condominium Association, Inc., owner of the Centre at Woodmont Site (attached hereto in map form as "Exhibit 1 ") located on the southwest corner of University Drive and NW 781h Street erected a sign that encroaches in a utility easement; and WHEREAS, the owner, the Centre at Woodmont Condominium Association, Inc., has offered an Agreement and Covenant Running with the Land (Hold Harmless Agreement) to the City of Tamarac; and WHEREAS, the Owner shall hold the City harmless from any costs or obligation to restore the sign encroaching in the Utility Easement caused 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); Iand Temp. Reso.#8088 December 15, 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 the Centre at Woodmont Condominium Association, Inc., for the sign constructed in a utility easement on the Centre at Woodmont Site. 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 the Centre of Woodmont Condominium Association, Inc., for the sign erected in a utility easement on the Centre at Woodmont Site (attached hereto as "Exhibit 2") located on the southwest corner of University Drive and NW 78' Street. SECTION 3: That the Assistant 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. ISECTION 5: If any clause, section, other part or application of this ITemp. Reso.#8088 December 15, 1997 3 Resolution is held by any court of competent jurisdiction to be unconstitutional or 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. PASSED, ADOPTED AND APPROVED this /I day of lq4UL ii PRI-3 ATTEST: PATRICIA MARCURIO, CMC ASSISTANT CITY CLERK I HEREBY CERTIFY that I have appFoyed this RESOLUTION as te(fort-A. 1 A /I l h Alin 11 0A 1ra. fin Utilities:dav/aml 4 �2 JOE SCHREIBER MAYOR RECORD OP COMMISSION VOTE MAYOR --LC- H—RE113ER Arl.- DIST 1: 'c COMM. McKAYE DIST 2: __4 WM MISHKIN TKIN DIST 3: - COMM- Rl 11 TANnc DIST 4:--90--MMR0BERTS rp I EXHIBI I i 0 A lie TEMP. RESO. #8088 m's s "' N LAKES SOUTHGATE BLVD S DU T-H--IATE B, 85 CT DON ISOUTHGATE GARDENS CARTER'S CHEVRON SOUTHGATE APTS <E 84 ST 64 ST __a4 -T 84 ST 0 L TARGET z LY >, 83 ST 83 ST �D Li z mu > > z AMOCO F- > CT 0 4� SUNFLOWEI TR51 "ANK NAMER. Z a CASSIA 82 ST C T ly- TR53 WOODMONT ly Li SHOPPES j�j > z� �'N vl- L j 0 > ei CT z -f0- < > 41 <E Fl� > c) 81 ST c" 81 ST —j CL LD kl� rw� >u< _j c: co m eO PL LLJ :�t u- 90 c 7, <Ll 80 CT TR54 c:l Z LJ <1: Lr) CY U Li _j ERN CIR 79 ST SITE > 10 ,z > I- LOCATION < < TR56 m HE THGATE > Q� co co c2v 7 9 S T 78 CT AVALON Ppvc E Li C ESTATES 78 CT LAN S E C, 3 Lij 79 PL o,- > Li z 77777 /8 S T I "yw I <r u > EY n0 CENTER LLJ AT WOODWONT CD Ln 7r C) r, 72 ST 78 ST Lj 77 ST p R i) TAMARAC > ELEM < Li 77 1 WEST �00 17 SCHOOL /> > I- <r < -u m r", D iim 7 (D C T cu 76 DR 7 CD C T A S,BELL ly F D Cyj Li --- TR77) ST T ---TT- T CY PL Z r 773 u r-7 -r ,-ENT\WDMT..DW(� THE CENTER AT WOODMONT AGREEMENT AND COVENANT RUNNING WITH THE I.AND ( HOLD HARMLESS AGREEMENT ) EXHIBIT 2 Temp. Reso.#8088 0 AGREEMENT AND COVENANT RUNNING WITH THE LAND FOR- The Centre at Woodmont Development Name THIS COVENANT made this 11 — day of March 19 98 by and between The Centre at Woodmont Condominium Association, Inc., having an address of 7707 N. University Drive, Tamarac, Fl. 33321 herein referred to as " Deve lope r/Owne r", 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/Owner 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/Owner is erecting a sign on said property and in course of said construction has constructed a sign within a Utility Easement which is recorded in O.R Book 14346 and Page 922 of Broward County; and WHEREAS, said sign is described on the site plan for The Centre at Woodmont prepared by Gutierrez Architects and dated March 1986, a copy of which is on file with Tamarac; and WHEREAS, Tamarac requires that Developer/Owner hold harmless against any expense of removal of said sign. NOW, THEREFORE, in consideration of the premises and mutual covenants herein contained, the parties hereto agree as follows: Developer/Owner shall remove said encroachment at such time as Developer/Owner shall be required to do so by Tamarac or any lawful titleholder to said easement. 2. Developer/Owner 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, is960726 1 holdharm.wpd 3. Developer/Owner 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 The Centre at Woodmont Condominium Association, 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 agents, heirs, successors and assi-gns-and subsequent owners of -the aforesaid described real estate. 0 1* 960726 2 holdharmmpd 1�1 IN WITNESS WHEREOF, Owner and year first above written. Witness Type Name j- Witness Type Name —211L STATE OF FLORIDA , hereunto set his hand and seal on the day (Owner) TJ4 hamerrive J tLQ : COUNTY OF F—AL)Cfelld 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 :�� Y.'�) to me known to be the psmons(s) described In an"ho executed the foregoing instrument and acknowledged before me that executed the same. WITNESS my hand and official seal this /ZE�d y of gore "tateofFI(),�da Or FO &Jy J�sfo"] No CC 501562 C0rn1nj.-'-j0' E , A 1,400.3 N ) XPIres i 2/3o/99 , No., ry Co. 4 Personally known to me, or ProdUced identification 414Y PUBLIC, St�fe of Florida at Large FSign'a'ture of Notary Public: Print, Stamp, or Type as Commissioned) Type of I.D. Produced ( ) DID take an oath, or (�'/)IDID NOT take an oath. 0 960726 3 holdharm-wod Ass't IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed on the day and year indicated below: Signed, sealed and ACCEPTED BY CITY OF TAMARAC delivered in the presence of: GRANTEE 4 T ST. s�- By: S. Noe, Jr., Joe �rc#reiber, K/Wager May6r' Date: March 11111998 ATT B Y. Patricia Marcurio City Clerk Date: March 11, 1998 STATE OF FLORIDA SS COUNTY OF BRowAm �1 'j- (�- n >f � S. Noe, Jr., Nit. inager Date: March 11, 1998 By:TLL__. MitWell S. Ki City Attorney 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 �Qhreiber & Robe-t S- Nop, Jr. to me known to be the person(s) described in and who executed the foregoing instrument and they acknowledged before me and under oath that _Lhey executed the same. WITNESS my hand and official seal this AL ,V� PU OFFICIAL NOTARY SEAL LI POL 6e� PHYLLIS POLIKOFF SSION NUMBER T 0* C 0 9 COMMISSION NUMBER �i�� CC3'90392 P C �MMJS� 10 V , �0 N _ X oMmISSION EXP c- o.0 �--,SPT 23 1998 (XX) Personally known to me, or ( ) Produced identification 11day of Ma ch 1998 A I'TO-5TARY PUBLIC, Stb* of Florida at Large -- Phyllis Polikoff (Name of Notary Public: Print, Stamp, or Type as Commissioned) Type of I.D. Produced DID take an oath, or ( X ) DID NOT take an oath. 0 960726 4 holdharm.wpd V I r11 L hereby affirm that I am the )�-)r P's) 4W"�-�of _��eof ,z4 —and that I have executed gi Hold Harmless Agreement with the City of Tamarac for __L1zJ.0 project and that I am the owner of the property covered by said Hold Harmlegs Agreement. There are no mortgages held on the property which is the subject of said Hold Harmless Agreement. 0 WRTHER A AYETH N JL (Signature) This ay of STATE OF FLORIDA SS COUNTY OF 1 HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State afqrssaid and In the County aforesaid to take acknowledgments, personally appeare, E, , , to me knpwn to be the person(s) d,:11 described in and Who executed the foregoing instrument andq±�._ acknowledged before me and under oath that&�_'- executed the same, WITNESS my hand and official seal this day of OV '40tary Public, :Aate Of Flodda , 20nimission No, CC 501562 Y Commizion Expires 12/30/og 1-8 -3-No Jing C W/Fersonally know to me, or ( ) Produced identification ( ) DID take an oath, or ( ) DID NOT take an r 0 960726 NOTAKY PUBLIC, State of Florida at Large (Namb of Notary Public: Print, Stamp, or Type as Commissioned) . Type of I.D. Produced holdharrn.wpd 0 EXHIBIT A DES CRIP TI ON: A PORTION OF FORT LAUDERDALE TRUCK FARM SUBDIVISION OF SECTION 4, TOWNSHIP 49 SOUTH, RANGE 41 EAST, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 4, PAGE 31, OF THE PUBLIC RECORDS OF B-R'OWARD COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 4, THENCE NORTH DOD 12' 16" WEST, ALONG THE EAST LINE OF SAID SECTION 4, A DISTANCff OF 3264.10 FEET; THENCE -SOUTH 89D 47' 44" WEST, A DISTANCE OF 60,00 FEET TO THE POINT OF BEGINNING OF THIS DESCRIPTION, SAID POINT BEING FURTHER DESCRIBED AS BEING ON THE WEST RIGHT-OF-WAY LINE OF UNIVERSITY DRIVE; THENCE CONTINUE SOUTH 89D 47' 44" WEST, A DISTANCE OF 680.00 FEET; THENCE NOR`TH ODD 12'16" WEST, 400.00 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF -NORTH-WEST 78T_H STREET, AS RECORDED IN OFFICIAL RECORDS BOOK 6450, PAGE 688 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA; THENCE NORTH 89D 47' 44" EAST, ALONG THE SAID SOUTH RICHT-OF-WAY LINE, A DISTANCE OF 655.00 FEET TO A POINT OF CURVATURE OF A CIRCULAR CURVE TO THE RIGHT; THENCE EASTERLY AND SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OR 25.00 FEET, AN ARC DISTANCE OF 39.27 FEET TO THE POINT OF TANGENCY- THENCE SOUTH ODD 12' 16" EAST, ALONG THE WEST RIGHT-OF-WAY LINE OF UNIVERSITY bRIVE, ALSO BEING 60.00 FEET WEST OF AND PARALLEL WITH, AS MEASURED AT RIGHT ANGLES TO, THE EAST LINE OF SAID SECTION 4, A DISTANCE OF 375.00 FEET TO THE POINT OF BEGINNING. SAID LANDS LYING IN THE CITY OF TAMARAC, BROWARD CUUNTY, FLORIDA,- AND CONTAINING 6-2412 ACRES, MORE OR LESS. 1�1 I I III z c/) 0 C� 0 00 co CD 0 4�- 0 CO ;u F9 n N OOD 12' 16" W 400.00' rm on Q0 CD N OOD 12' 16" W 375.00' UNIVERSITY DR, NORTH SCALE : 1" loo I 00 CA 0) 1 CD 0 > (A N) �o �D Cn 0 NJ 0 0 CD CD CD