HomeMy WebLinkAboutCity of Tamarac Resolution R-92-024Temp. Reso. # 6228
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R--92- 424 -
A RESOLUTION AUTHORIZING THE APPROPRIATE
CITY OFFICIALS TO EXECUTE AN AGREEMENT AND
COVENANT RUNNING WITH THE LAND OFFERED BY
CORAL PALMS LTD., A.K.A. BRITISH COLONIAL
RESORT VILLAS PERTAINING TO THE
CONSTRUCTION OF A WALL ADJACENT TO A
UTILITIES EASEMENT WITH A DEEP SANITARY"
SEWER AT THE COLONY COVE PROJECT LOCATED
ON THE EAST SIDE OF NORTHWEST 88 AVENUE,
NORTH OF LAGOS DE CAMPO BOULEVARD; 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 and Covenant Running with the
Land offered by Coral Palms Ltd., A.K.A. British Colonial Resort
Villas pertaining to the construction of a wall adjacent to a
utilities easement with a deep sanitary sewer at the Colony Cove
project located on the east side of Northwest 88 Avenue, north of
Lagos de Campo Boulevard, a copy of said document being attached
hereto as "Exhibit 1".
SECTION 2: That the City Clerk is hereby authorized and
directed to record said document in the public records of Broward
County.
SECTION 3: This resolution shall become effective
immediately upon adoption.
PASSED, ADOPTED AND APPROVED thisc�&'�*2ay of ,1992.
ATTEST:
CAROL A. EVANS
CITY CLERK
I HEREBY CERTIFY tha have
approved this Re so Lion as
TCHELL S. KRA
CITY ATT NEY
..WITZ
MAYOR
RECORD OF COUNCIL VOTE
MAYOR ABRAMOWff Z
DISTRICT 1: C/M KATZ
DISTRICT 2:
DISTRICT 3: O/W G,I AS, -,ER
DISTRICT 4: V/M RFNI]FR
AGREEMENT AND
COVENANT RUNNING WITH THE LAND
FOR: COLONY COVE
THIS COVENANT made this day of�� 199 ?by and
between BRITISH COL6NIAL RESORT VILLAS, having an address of 6421 „Congress
Avenue Suite 107 Boca Raton Florida 33487 (hereinafter referred 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").
WITNESSETH
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
said construction has erected a wall adjacent to a Utility Easement which is recorded in O.R.
Book 5237 Page 58.
WHEREAS, said wall is described on the "as -built" plans for Colony Cove prepared by
Darby and Way, Inc. and dated, a copy of which is on file with Tamarac,
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 British Colonial Resort Villas, 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.
S. 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 WIJEREOF, the parties hereto have executed this Agreement as of the day
and year first set forth above
Signed, sealed and
delivered in the presence of:
Abttp
WIT SS Bete C. e�A
WITNESS
Angela Bailey
STATE OF FLORIDA
COUNTY OF BROWARD
SS
CORAL PALMS LTD., A.K.A.
BR.ITISH COLONIAL RESORT VILLAS
6421 Congress Avenue
Suite 107
Boca Raton, Florida 33487
RRITISH COLONIAL RESORT VILLAS ASSOCt
. fLORIDA PROLIMITED PARTNERSHIP
414FESSIONAL EQUITIESAiES,
GE S, INC.
B . V r U
ALEX C. CANON, VICE PRESIDENT
(SEAL IF CORPORATION)
I HEREBY CERTIFY that on this day, before me, an Officer duly authorized
in the State aforesaid and in the County a oresaid to take acknowledg
meets, personally Appeared Alex C. Cameron,V. .of Florida Professional Equities, Inc.
to me known to be the person described in and who executed the foregoing
instrument and �_ acknowledged before me that I
executed the same.
WITNESS my hand atnd official seal in the County and State last aforesaid
this .gjday of A.D. , 19 ( .
terry u is
My Commission Expires:
Notary puti`k State of Ffarirla
My COmM."Hien Exp1rss April 26, 1994
{ond►d Thru Trey ruin . Inturence Int.
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ATTEST:
ACCEP ED BY CITY -OF TAMARAC,
By:
�� 1,
dMMANAG34ER
. KeHy: lT rman Abramowitz,
MAYOR
ATTEST:
By:
Carol A, vans,
CITY CLERK
STATE OF FLORIDA )
COUNTY OF BROWARD ) SS
Date:
By:
Date:
Appr7Tn,ICITYAT
By:
RNEY
I HEREBYCERTIFY that on this day, �he State aforesaid and in the Counbefore me, an Officer duly authorized in
t► aforesaid to take ackn wled
ersonally appeared q g-ments
to me known to be the arson described in nd who execu �the6AQ
going instrument and acknowledged before me that
the same, executed
WITNESS my hand ;Ind official ppal at Fort Lauderdale, Broward County,
Florida, this fe_2 day' of
19 9
�,��
Not y Public
My Commission Expires:
NOTARY PUBLIC, STATE OF FLORIDA.
MY COMMISSION EXPIRES: JUNE 26, 1993.
r C'Y1JEp TMRU NOTARY PUBLIC UNL)aR WRITgRw.
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DESCRIPTION.
A portion of Parcel "L" of the Plat of WOODLAND LAKES according to
the Plat thereof, as recorded in Plat Book 71. Page 18. of the Public
Records of Broward County, Florida; LESS AND EXCEPT therefrom. the
COLONY WEST CLUBHOUSE PLAT, according to the Plat thereof, as recorded
in Plat Book 103, Page 36, of the Public Records of Broward County,
Florida.
Said lands situate, lying and being in Broward County, Florida.
Subject to all easements, reservations, and rights -of -way of record.
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