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HomeMy WebLinkAboutCity of Tamarac Resolution R-85-043Introduced by Temp. Reso. # 350.0 1 r] 1 2 3 4 S 6 7' 8 9 10 11 12 13 14 15 16 17 18 19 20 71 22 23 24 25 26 27 28 29 30 31 32 33 34 Le"W�� 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. u -2- Ll I 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 — • 1 I 1 i My Commission Expires: tIOTARY PUBLIC STATE OF FLORIDA AT LARGE MY COMMISS1014 LY,HUS Aii, 2Y 1983 AD;4DJU IkIRU VjtI4L L Iryy urvucKwK11L4 rZ'M Ll� I K DLi�lc P Z7- n Ufa 75 , 0 yy ��e (��► LOCAT/OTC/ MAPJL 4 a 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. x 1 ' 4ICaT� �s ►dam ��/�,. A�'ss' Q w a�18 ,�,� "� pe ,�Aa 1670 AR oA11106 v A��p�r _ �5 � S7rgEEr Al 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 LOT,' /o-.ol 2, iV00,0WA/T 77FACT 64 Cl-ly oll Tomomc e,-0 ,ors Cac to/y, FkrrWo KEITN wwo BCMNARS, P.A. �f11Ci1Nl�FU■ � PLAf1[N�14■ � ■LMiV �1YOp� Pt. LwuwwR?ALw.PL. aurwr•►sLo s)rwa�PL. [7�6)7�-J11R4� � [7R7tl)AR9-ofM 4A►M11[IV SLUE.PL. oRALA, PL. R�t?�)7171e-7 J01 [s+06A.)"21-11M o^'M (/0V ?7th, Apm 8WMA[.. iN--W' POOL= r1& -x tl-Ia Moot oW A[. p=. MY CKD. MY Mo.