HomeMy WebLinkAboutCity of Tamarac Resolution R-93-094Temp. Reso. # 6510
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CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-93- 914
A RESOLUTION AUTHORIZING THE APPROPRIATE
CITY OFFICIALS TO EXECUTE A HOLD HARMLESS
AGREEMENT WITH REGENCY HOMES, INC., FOR A
WALL LOCATED IN A UTILITY EASEMENT FOR THE
WOODMONT TRACT 67 PROJECT; 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 a Hold Harmless Agreement with
Regency Homes, Inc., for a wall located in a utility easement for
the Woodmont Tract 67 project, a copy of said agreement being
attached hereto as "Exhibit 1".
SECTION 2: That the City Clerk is hereby authorized ad
directed to record said agreement in the public records of Browarc
County, Florida.
SECTION 3: This Resolution shall become effective
immediately upon adoption. n
PASSED, ADOPTED AND APPROVED this l d y of 1993.
ATTEST: �% !
CAROL A. EVANS
CITY CLERK
I HEREBY CERTIFY that I
approved this Resol on as
t2-,f orm . -,-n
"M/1TCHELL S. IJWT
CITY ATTORN
MAYOR
DIST 1:
DIST. 2:
DIST. 3:
DIST. 4:
L. BENDER
MAYOR
RECORD of
11
AGREEMENT AND
COVENANT RUNNING WITH THE LAND
FOR: WOODMONT TRACT 67
THIS COVENANT made this y da 04!r�Z-1493oy and
between ' REGENCY HOMES, INC. having an address of 2825
University Drive, Coral Springs, FL 3304 ereinafter rcfrrred to as "Developer"), and
CITY OF TAMARAC, FLORIDA having an address of 7525 N.W_ 88 Avenue, Tamarac, Florida
33321 (hereinafter referred to as "Tamarac" j.
WTTNESSETH:
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
within
said construction has erected a wall ftw-te a Utility Easement which is recorded P.B. 118
Page 22.
WHEREAS, said wall is described on the site plan for Woodmnt Tract 67 prepared by
consul -Tech Engineering, Inc -and dated, a copy of which is on file with Tamarac.
0 WHEREAS, Tamarac requires that Developer hold Tamarac harmless against any expense
of removal of said wall
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NOW, THEREFORE, in consideration of the premises and the mutual covenants herein
contained, the parties hereto hereby 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.
3. Developer shall place a plaque on the wall 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 Regency 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.
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IN WITNESS
and .seal on/the
9
REOF, Grantor has hereunto set his hand
and year first ve w itten
)rporate Secretary
Steven M. Wallerstein
STATE OF FLORIDA
SS
COUNTY OF BROWARD
CORP TION-
By :
Pre' 'ident
Stevrn M. Wallerstein
(Corporate Seal)
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, personally appeared
Steven M. wallerstei,nto 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 sea/ this30
June , 1993• 7
( x ) Personally known to me, or
( ) Produced Identification
y of
NOTARY PUBLI�
Florida at L ge r_T'
NOTARY 21 L OF "RIDA
(Name of Notary
:. W w MR.22,1996
Print, Stamp, or Type as
Commissioned)
Type of I.D. Produced
( ) DID take an, oath, or ( x ) DID NOT take an oath.
930520
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BPSIEE
0
ATTEST
ATTEST: /J
By
Carol A. Evans,
City Clerk
o5-5�1'o
ACCEPTED BY CITY OF TAMARAC,
GRANTEE
By
H. BenKr,
Mayor
Date:
Date ���� 7
CITY OF TAMARAC App ,cr d a s o form
APPROVED AT MEETING OF 3- 1 - 3
Mit6hell S. Kraft,
City Attorney
STATE OF FLORIDA )
SS:
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
ffL•,�ljrnlu•,?�uc ariw f�r/i,�I'• to me known to be the person(s)
who executed the foregoing instrument, and acknowledged
before me that executed the same.
WITNESS my hand and official seal in the State and County
last aforesaid, this lg'PV'l day of
A.D. 19
NOTARY PUBLIC, State of Florida
at Large NOTARY PUBLIC STATE OF FLORIDA
MY COMMISSION EXP. NOV. 6,19%
_ BONDED THRU GENERAL, INS,,, N!_ 0"
(Name of Notary Public:
Print, Stamp, or Type as
/ Commissioned)
Personally known to me, or
( ) Produced Identification
Type of I.D. Produced
( ) DID take an oath, or (V/) DID NOT taken an oath.
MAST-DOC
BPSIEE
930520 - 4 - BPSIEE
0
�.- S3 '� f
Exhibit A
LOCATION SKETCH
NOT TO SCALE
LEGAL DESCRIPTION
BEING ALL OF PARCEL 'A PARCEL "B'; N. W. 87TH WAY AND N. W. 76TH
STREET AS SHOWN ON A PLAT OF "WOODMONT TRACT 67" RECORDED
IN PLAT BOOK 118, PAGE 22 BROWARD COUNTY PUBLIC RECORDS,
BRDWARD COUNTY, FLORIDA.
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