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HomeMy WebLinkAboutCity of Tamarac Resolution R-90-12831 2 3 1 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 i %D- /mod" ' r 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. �►A A. p L '�' pLfJ11C STAT( (pA Page 2 of 3 f - I if 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 r� H s z Z .� c S � rSs Q � 1 W c S c �.iF as J m d u Im Ovfi� � 4w ��� •o .Vv-4 qrNNLnM UfNNNNVO N r•1 N r•► c<` ► ► rl r .CA O W 4a 1, a pc� u 4 cn � H W au m W Q v o Z 0 Q N •�• � W W a n� tG7• _ • e o r If� __