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HomeMy WebLinkAboutCity of Tamarac Resolution R-90-2251 Temp. Reso. #5896 2 CITY OF TAMARAC, FLORIDA 3 RESOLUTION NO. R-90- ?Q tZ 4 A RESOLUTION AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE AN AGREEMENT AND COV- ENANT RUNNING WITH THE LAND OFFERED BY ICON DEVELOPMENT CORPORATION PERTAINING TO DUMP- ! STER ENCLOSURE, PARKING LOT LIGHTS AND POLES AT CORAL CREEK/MISSION LAKES PROJECTt AND PROVIDING AN EFFECTIVE DATE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TAMARAC, FLORIDA: 0 SECTION 1t That the appropriate City officials are 1 hereby authorized to execute an Agreement and Covenant Running With 2 The Land offered by ICON Development Corporation pertaining to 3 dumpster enclosure, parking lot lights and poles which may encroach upon a utility easement at Coral Creek/Mission Lakes projects a 5 copy of said document being attached hereto as "Exhibit 1." 6 SECTION 2: That the City Clerk is hereby authorized 7 and directed to record said agreement in the public records of B Broward County, Florida. SECTION 3: This Resolution shall become effective upon adoption. PASSED, ADOPTED AND APPROVED this /d day of ,1990 ATTEST: CAROL A. EVAMS CITY CLERK I HEREBY CERTIFY that I have approved this Resolution as to f ALAX FvAMQF CITY TO TZ MAYOR RECORD OF COUNCIL VOTE MAYOR____-ABRAMOWITZ QA4,r_ DISTRICT l: CIM ROHR� DISTRICT2: _ CIM SCHUMANN _ DISTRICT 3: , V/M HOFFMAN DISTRICT4: _ CIM BENDER , 4 2 AGREEMENT AND COVENANT RUNNING WITH THE LAND FOR: CORAL CREEK aka MISSION LAKES THIS COVENANT made this day of May, 1989 by and between ICON DEVELOPMENT CORPORATION, a Florida corporation (hereinafter referred to as "Developer"), and CITY OF TAMARAC, FLORIDA (hereinafter referred to as "Tamarac"). 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 an apartment complex on said property and in the course of said construction has erected a dumpster enclosure which may encroach upon a utility easement recorded in O.R. Book 9093, Page 989, and parking lot light poles which may encroach upon a utility easement recorded in O.R. Book 9093, Page 989; and WHEREAS, said parking lot lights and poles are described on the as built" plans for Coral Creek aka Mission Lakes prepared by Craven - Thompson & Associates, Inc., and dated z 3 -- S9a copy of which is on file with Tamarac. WHEREAS, Tamarac requires that Developer hold Tamarac harmless against any expense of removal of said parking lot lights and poles. NOW, THEREFORE, in consideration of the premises and the mutual covenants herein contained, the parties hereto hereby agree as follows: I. Developer shall remove said encroachments or either of them at such time as Developer shall be required to do so by Tamarac or any lawful titleholder to said easements. 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. 1 3• Developer shall place a note on the as built plans of the aforesaid w project plans and shall state as follows: These lighting poles 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 Icon Development Corporation, its successors and assigns." 4. This Agreement contains the entire Agreement between the parties relating the subject matter hereof. No amendment shall be bindin unless reduced to writing and executed by both parties hereto, g 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. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first set forth above. WITNESS: PA a e Paul Bilton STATE OF FLORIDA COUNTY OF BROWARD ICON DEVELOPMENT CORPOR.6T,ION , , . 6262 d new. 3G.. .. , Mia i, Florid 33 55 do Zu ueta,"resident 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, personallya e ICON DEVELOPMENT CORPORATION to me known to bet of cr in and who executed the foregoing instrument and he acknowledged before me that he executed the same.fore WITNESS hand and official seal in the County and State last aforesaid this day of 1989. My Commission Expires: tary Public NOTARY PLIOLT, STAT[ OF FLORIDA. dMY COMt';'S81C"' NOV. 12, 1990. OKYGU lhf.J !r'C,.,ti:' j:J r-,C U;-ILERWRITER*. �• I .. ;r 2 t O ACCEPTED BY CITY OF TAMARAC, arman Abramowitz, YOR ATTEST: By Oaroi�.A. Ev ns, CITY CLERK Date: 101161spo Approvea-.4ks to_ form; U=��r� Alan-7. Ru ACTING CIT ATTORNEY STATE OF FLORIDA COUNTY OF BROWARD r 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 44d a d {r to me known to be tperr �� '• /��ya� de„ scribed in who executed the foregoing instrument and 2%Z4r "_' acknowledged before me that 7� executed the same. WITNESS my hand and official seal in the County and State last aforesaid this /A'f1' day of ��� A.D. 19 9U . 1 NOTARY P IC, STATE OF FLORIDA My Commission Expires: i NOTARY PUBLIC STATE OF IrLMIDA MY COMM'SSION EXP, JUNE So1994 BONDED THRU GENERAL INS. Upp. MAST-DOC BPSIEE Revised 10/88 7/21/68, 12/88 06/05/90 - 4 - BPSIEE R-50- 7-i o A-,� ?4 2 7'ff/ 6 S r rr VETEREN6 PARK -�--� _ s•�=:s::si•••�:i:r.•ii�:::-e:=�!(a:iai—i:�i ==:�.e�s• lL E L MARACA NES N64 _ 1 F 41 IWAY• ST J g +� a a su zs r. y. 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