HomeMy WebLinkAboutCity of Tamarac Resolution R-90-12831
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Temp. Reso. #5788
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-90- Zagg
A RESOLUTION AUTHORIZING THE APPROPRIATE CITY
OFFICIALS TO EXECUTE AN AGREEMENT AND COVENANT
RUNNING WITH THE LAND WITH BUILD TO SUIT
PARTNERS PERTAINING TO THE DEVELOPMENT OF
WALGREENS WOODMONT SHOPPESI 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 with Build To Suit
Partners pertaining to the development of Walgreens Woodmont
Shoppes, copy of said Agreement and Covenant being attached hereto
as "Exhibit 1".
SECTION- 2: That the City Clerk is hereby authorized and
directed to record said Agreement and Covenant in the public
records of Broward County, Florida.
SECTION 3: This Resolution shall become effective upon
adoption.
PASSED, ADOPTED AND APPROVED this 9 day of 1990.
NORMAN ABRAMOWITZ
MAYOR
ATTEST:
-'CAROL A. EVANS
CITY CLERK
I HEREBY CERTIFY that I have
approved this Resolution as
to form—.1 �7
Alan 1% Ruf\
Interim City torney
RECORD OF COUNCIL VOTE
MAYOR ABRAMOWITZ
DISTRICT 1:
CIM ROHR
DISTRICT 2:
C/M SCF UMANN
DISTR{CT 3:
VIM HOFFMA.N
DISTRICT 4:
CIM SEND7R
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AGREEMENT AND COVENANT RUNNING
WITH THE LAND
This Agreement and Covenant Running with the Land made this
�Z3 ,day of 1990, by and between BUILD TO SUIT
PARTNERS, a Florida 41eneral partnership (hereinafter referred to
as "Developer"), in the City of Tamarac, Florida (hereinafter
referred to as "Tamarac").
W I T N E S S E T H
WHEREAS, Developer shall be the owner of a parcel of land in
the City of Tamarac, County of Broward in the State of Florida,
more particularly described in Exhibit "A" attached hereto and
incorporated herein by reference (the "Property"); and
WHEREAS, Developer is building a retail/office center on the
Property and in the course of said construction shall erect
certain improvements which may encroach upon a utility easement,
recorded in Plat Book 132, at Page 43, of the Public Records of
Broward County, Florida; and
WHEREAS, Said improvements are described on the "Site" Plan,
prepared by Mark Saltz & Associates and dated March 27, 1990, a
copy of which has been filed with Tamarac; and
WHEREAS, Tamarac requires that Developer hold Tamarac
harmless against expense of removal of said improvements.
NOW, THEREFORE, in consideration of TEN AND 00/100 ($10.00)
DOLLARS paid in hand by Tamarac to Developer, and in
consideration of the premises and mutual covenenants herein
contained, the parties hereto agree as follows:
1. The foregoing recitals are hereby confirmed and
ratified as being true and correct and incorporated herein.
2. Developer shall remove said encroachment at such time
as Developer shall be required to do so by Tamarac or by any
lawful title holder to said utility easement.
3. Developer shall hold Tamarac harmless from and
indemnify Tamarac against all claims, liability and expense
arising from the aforesaid encroachment, including the expense of
removal and relocating the same.
4. This Agreement contains the entire Agreement between
the parties relating to the subject matter hereof. No Amendment
shall be binding unless reduced to writing and executed by both
parties hereto.
Page 1 of 3
5. This Agreement shall run with the land and bind the
Developer, its agents, heirs, successors and assigns and
subsequent owners of the aforesaid described Property.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement as of the day and year first set forth above.
BUILD TO SAXT P NERS, a
Florida ener partnership
BY:
�3ARRY ROS , a general partner
CITY OF TAMARAC, FLORIDA
5811 N.W. 88th Avenue
Tamara , Florida 33321
BY:
May r
Dul Authorized Officer
I HEREBY CERTIFY that I have
approved the form and correctness
of thiis docume
City kmvk eY �.�•
STATE OF
�) SS.:
COUNTY OF
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 BARRY
ROSS to me known to be the person described in and who executed
the foregoing instrument and he acknowledged before me that he
executed the same.
WITNESS my hand and official seal in the County and State
last aforesaid this 5 day of 1990.
NOTARY PUBLIC
My Commission Expires:
FOC1AL NOTA:rL
8W.
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L '�' pLfJ11C STAT( (pA
Page 2 of 3
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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
NORMAN ABRAMOWITZ, Mayor, City of Tamarac, to me known to be
the person described in and who executed the foregoing
instrument and he acknowledged before me that he executed the
same.
WITNESS my hand and official seal in the Count and
State last aforesaid this -Z3,,�-�day of 19
/ -10 �E.l,
NOTARY PUB C
My Commission Expires:
dotary Public, State of Florida at Large
'Ay Commission Expires June 15, 1991
Bonded thru Huckleberry & Associates
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 ALAN
F. RUF, Interim City Attorney, City of Tamarac, to me known
to be the person described in and who executed the foregoing
instrument and he acknowledged before me that he executed the
same.
WITNESS my hand and official seal in the County and
State last aforesaid this t�<- day of 199
\ Z4 i.c p � � - LeZC� C' '
NOTARY PUB IC
My Commission Expires:
Notary Public, State of Florida at Large
My Commission Expires June 15, 1991
Bonded thru Huckleberry & Associates
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