HomeMy WebLinkAboutCity of Tamarac Resolution R-85-043Introduced by Temp. Reso. # 350.0
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CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R--85- '
A RESOLUTION APPROVING AN ASSIGNMENT OF EASEMENT
AND OPTION AGREEMENT BETWEEN LACA INVESTMENT COMPANY
AND WOODMONT CORPORATION FOR WOODMONT TRACT 64.
BE IT RESOLVED by the Council of the City of Tamarac, Florida:
SECTION 1: That the assignment of Easement and Option Agreement
between LACA Investment Company, assignor and Woodmont Corporation,
assignee, on Lots 1 and 2 of Woodmont Tract 64 is hereby approved.
SECTION 2: That the appropriate City officials are hereby
authorized to execute this document.
SECTION 3: This Resolution shall become effective immediately
upon its adoption.
PASSED, ADOPTED AND APPROVED this /,3 "ay of 1985.
0;0-fo
MAYOR
ATTEST:
I HEREBY CERTIFY that I have approved
the form and r�orrectness of this
Resolution. /' RECOr%r VF COUNCIL VOTE
MAYOR: KRAVITZ
DISTRICT4: V/MV/M STEIN
DISTRICTS: CAM STELZER
DISTRICT2: C/M MUNITZ
DISTRICTI: C/M BERNSTEIN
ASSIGNMENT OF EASEMENT AND OPTION AGREEMENT
THIS ASSIGNMENT
of Easement and
Option
Agreement
("Assignment") dated as
of the - day
of _,
198/4, by
and between LACA INVESTMENT
COMPANY
N.V. , a Netherlands
Antilles corporation
("Assignor") and
WOODMONT
CORP., a
Florida corporation ("Assignee"),
and the
City of Tamarac,
a
municipal corporation
("Tamarac").
PREAMBLE
The Assignor, on December 9, 1980, entered into an
Easement and Option Agreement with Tamarac, a copy of which
is attached hereto and made a part hereof as Exhibit "A"
("Agreement") providing Tamarac with the following rights or
powers:
1. An irrevocable easement to go onto Lots 1 and 2 of
WOODMONT TRACT 64, according to the plat thereof, as
recorded in Plat Rook 95, Page 40 of the Public Records of
Broward County, Florida ("Property") at any time after
thirty (30) days from the date of expiration of the permit
issued to Assignor and any renewal thereof in order to
remove or demolish the "temporary structure" consisting of a
1969 Plymouth Mobile Home, I.D. No. 60GV494312, Florida
Certificate of Title No. 3319198 ("Mobile Home") and an
asphalt parking area located on the Property, unless
previously removed by the Assignor.
2. An option to purchase said temporary structure.
3. Possession of a Two Thousand Dollar ($2,000.00)
cash bond covering the cost of removal or demolition of the
temporary structure, if required.
Assignee is the current owner of the Mobile Home
located on the Property. Assignee no longer desires to
utilize the Mobile Home as a sales and administrative
office. The Assignee desires to remove said Mobile Home,
SHERR, TIBALLI 6 FAYNE
1
including the temporary improvements located on the
Property, and restore the Property to its state existing
immediately prior to the placement and erection of the
temporary improvement.
Assignor is desirous of assigning its interest and
right to the Two Thousand and No/100 (S2,000.00) Dollar cash
bond, placed with Tamarac, to the Assignee.
The Agreement is assignable, the performance of the
duties thereunder are delegable, and the Assignee desires to
acquire the rights and is willing to perform the duties of
the Assignor thereunder.
Therefore, in consideration of the foregoing and the
sum of TEN AND NO/100 ($10.00) DOLLARS and other valuable
considerations, the receipt of which is hereby acknowledged,
the parties hereto agree as follows:
1. The Assignor hereby assigns to the Assignee all of
its interest in the Agreement with Tamarac dated December 9,
1980. The interest of Assignor being assigned includes, but
is not limited to, its interest in the Two Thousand Dollar
($2,000.00) cash bond and its proceeds as described above.
2. The Assignee hereby assumes and covenants to
perform all of the duties of the Assignor under the
contract.
3. Tamarac hereby consents to the assignment of the
Agreement.
This Assignment shall be construed in accordance with
and governed by the laws of the State of Florida.
-2-
SHERR, TIBALLI 8 FAYNE
IN WITNESS whereof, the parties have hereunto set their
hands and seals as of the day and year set forth below.
Signed, sealed and delivered
1 th ce of:
As to As s ira nor
�sr c,• y c�c�e.��
ASSIGNOR:
LACA INVESTMENT C PANY
N.V., � Neth rgan s
Antilles car o at'�n
By
OS PILNK V'c4 President
Attest
Dated_ December 28, 1984
ASSIGNEE:
WOODMONT CORP., A
Florida orporat}on
By _r
P�2e-Sr /
Att�t
Dated
City of Tamarac, a
Municipal corporation
"09?i •d . -.209 Ile-_
By
Attest
A-s/t-b Tamarac r y ig-; r')"Olve y
Dated
SHERR, TIBALLI 8 FAYNE
1
A
STATE OF FIDRIDA
COUNTY OF DADE
The foregoing instrument was acknowledged before me
this 28th day of December , 1984, by OSCAR PILNIK 01
a s Vice President , and ------------ , as
respectively, of LACA INVESTMENT
COMPANY N.V., a Netherlands Ant' les corpor tion, on behalf
of said corporation
otary P is
My Commission Expires:
r NOTARY PLIKIC STATF OF F! OR!DT,
STATE OF MY Co!111r11i =
COUNTY OF
The foregoing instrument was acknowledged before me
this day of 19by
--yr---
as and
as respectively. of WOODMONT,
CORP., a Florida corporation, on behalf of said corporation.
Notary Public
My Commission Expires:
STATE OF
COUNTY OF
The foregoing instrument wasz acknowledged before me
this day of ��� 198 , by
as , a nd
as resp,6ctiv6ly, of CITY OF
TAMARAC,' a Municipal corporation, on behalf of said
corporation.
Nota-fy Public
My Commission Expires:
-4-
WTART PUPLIC STATE OF FLOAIDA
MY COMMISS:C'! EXP, APR 21,19A8
p01OLU THf'U GL4ERAL 19S. U".
SHERR, TIBALLI tB FAYNE
EASEMENT AND OPTION AGREFMrNT
THIS EASEMENT AND OPTION AGREENI :NT made and entered .into this
day of December, 1980, by and between LACA INVFSTMFTI P COMPANY N.V.,
a Netherlands Antilles corporation, hereinafter referred to as
"Grantor"; and the CITY OF TAMARAC, a municipal corporation of the State
of Florida, hereinafter referred to as "Grantee".
W I T N E S S E T H:
WHEREAS, Grantor is the owner of that certain real property,
legally described as Lots 1 and 2 of WOODMONT TRACT 64, according to the
plat thereof, as recorded in Plat Book 95, Page 40 of the Public Records
of Broward County, Florida, hereinafter referred to as the "Property",
and the personal property more fully described as a 1969 Plymouth Mobile
Home, Z.D. No. 60GV494312, Florida Certificate of Title No. 3319198,
which is located on Lots 1 and 2 of wOOOMONT TRACT 64, according to the
plat thereof, recorded in Plat Book 95, Page 40 of the Public Records of
Broward County, Florida; and
WHEREAS, Grantor has requested that Grantee issue a license
(the "Permit") to LACA INVESTMENT COMPANY N.V., a Netherlands Antilles
corporation, permitting Grantor, LACA INVESTMENT COMPANY N.V., a
Netherlands Antilles corporation, to occupy on Lots 1 and 2 of WOODMONT
TRACT 64 that certain 1969 Plymouth Mobile Home I.D. No. 60GV494312,
Florida Certificate of Title No. 3319198, including the temporary
improvements as located on Lots 1 and 2 of WOODMONT TRACT 64, according
to the plat thereof, recorded in Plat Book 95, Page 40 of the Public
Records of Broward County, Florida, said mobile home and temporary
improvements located therewith to be utilized as a sales and
administrative office for the sales and development of real property;
and
WHEREAS, Grantee has heretofore agreed to issue said permit if
Grantor shall grant to the Grantee an easement and option agreement
described as follows: (1) an irrevocable easement to go onto the
Property at any time after thirty (30) days from the date of expiration
of the Permit and any renewal thereof in order to remove or demolish the
Temporary Structure, unless previously removed by Grantor; (2) an
option to purchase said Temporary Structure for any purpose whatever for
the sum of TEN AND N0/100 ($10.00) DOLL\IZS in the event the Temporary
Structure is not removed from the Property by Grantor within thirty (30)
days of the expiration, revocation or termination of the Permit and any
renewal thereof; and (3) cash bond, in the amount of TWO THOUSAND AND
N0/100 ($2,000.00) DOLLARS, to cover the cost of removal or demolition
of the Temporary Structure, receipt of which said 7VU TI-TOUSAND AND
N0/100 ($2,000.00) DOLLARS cash bond is hereby acknowledged by Grantee,
Nor, THEREFORE, in consideration of the foregoing and the sum
of TEN AND N0/100 ($10.00) DOLLARS each to the other in hand paid,
receipt and sufficiency whereof is hereby acknowledged, the parties
hereto covenant and agree as follows:
1. Grantor by these presents does hereby give and grant to
Grantee, an easement over and upon Lots 1 and 2, W00DMCNT TRACT 64,
according to the plat thereof, recorded in Plat Book 95, Page 40 of the
Public Records of Broward County, Florida, hereinafter referred to as
the "Property" and the personal property more fully described as a 1969
Plymouth Mobile Home, I.D. No. 60GV494312, Florida Certificate of Title
No. 3319198, which is located on Lots 1 and 2, WOODMaNT TRACT 64,
according to the plat thereof, recorded in Plat Book 95, Page 40 of the
Public Records of Broward County, Florida, to take effect thirty (30)
days from the expiration, termination or revocation of the Permit, and
any renewal thereof, for the use of a temporary sales and administrative
office issued by Grantee to Grantor, for the purposes of removing or
demolishing the Temporary Structure if it has not already been removed
or demolished by Grantor. The easement terminates automatically upon
removal or demolition of the Temporary Structure.
2. Grantor hereby gives and grants to the Grantee, an
irrevocable option to purchase said Temporary Structure for,any purpose
whatever for the sum of TEN AND NO/100 ($10.00) DDLLARS, in the event
that said Temporary Structure is not removed from the Property or.
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demolished within thirty (30) days of the expiration, termination or
revocation of the Permit and any renewal thereof. The option terminates
upon removal or demolition of the Temporary Structure by Grantor..
3. Grantor has heretofore posted a TVX) TFtOUSNJD AND NO/100
($2,000.00) DOLLAR cash bond, receipt of wlii.ch is hereby acknowledged,
to cover the cost of removal or demolition of the Temporary Structure by
Grantee, if required. Said cash bond shall be refunded to Grantor upon
the expiration, termination or revocation of the Permit, and any renewal
thereof, provided Grantor has removed the Temporary Structure within the
time provided aforesaid.
IN WITNESS WHEREOF, the Grantor and Grantee have hereunto set
their hands and seals as of the day and year first above written.
Signed in the Presence of:
a ct Q „A-"�Y
s to Grantee
As to Grantor
STATE OF FLORIDA
CITY OF TAMARAC,--N
By—
municipal corporation
:j
-X
Attest: ' L
LACA INVESTMENT COMPANY N.V., a Netherlands
Antilles corporation
By
Attest:( '
The foregoing instrument was acknow
day of m ber, 11180, by llJ
and as
respectively, of the CITY OF TAMARAC, a munig
of the corporation.
before me this
as Mayor
pal corpor Lion, on behalf
NOTARY PUBLIC -
My Commission Expires: -
140TARY {'UBLIC+ STATE OF FLORIb,1._AT )ARC
MY CU.'.",i'r11�ylON E1r1!,S APR 4
P01"L•LU •iIiRU GLi \ \I Ir!� 11Al".`ti'.V/ IT[PS
—3—
SPATE OF FLORIDA
• • w r• � r N
The foregoing instrument was acknowledged before me this lQ
clay of December, 1980, by 0.5cfRR /a/[ diK , as I'
and Go v c Lo FAR /,q , as pia
respectively of LACA INVESTMENT COMPANY N.V., a Netherlands AnL'ill.es
corporation, on behalf of said corporation.
e
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My Commission Expires:
tIOTARY PUBLIC STATE OF FLORIDA AT LARGE
MY COMMISS1014 LY,HUS Aii, 2Y 1983
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1. Reproductions of this Fiketch sre
not valid unless sealed with
rrbossed surveyor's seal. w� �r ��� a`J •�
Lands shown hereon were not
abstracted for Piahts-of-wav,
Fas"ments, Mnership, or other Q '� fj
Instruments of Record.
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I,ANP PFFCPIPTION:
Lots ] and 2, WOOPMONT TRACT f[ accordina to the Plat therrof, as recordet
In Plat Book 65, Pace 40, of the Public Pecords of Proware County, Florida.
Fail lands lvine in the City of Tar^arac, Proward Countv, Florida.
CEPTIFICATE:
we herebv certifv that the attached sketch of Survey of the hereon described
property is true and correct to the best of our knovledne and belief as
surveyed in the field under our direction in November, 19P0. we further
certify that this survey meets the minimum reouirements adopted by the
Florida Societv of Professional Lend Surveyors and the Florida Land Title
Association. There are no above around encroachments other than those shown
hereon, subject to the qualifications noted hereon.
KEITR AND SCHNAPS, P. A.
ENGINF.F.RS, PLANNERS t SURVEYORS
BY: Thom. Schnars, PLS
Plorida Ppoistration No. 2325
ICE V ►r►CPI)■
SME71CH DF SURVEY
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