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HomeMy WebLinkAboutCity of Tamarac Resolution R-78-140Proposed by: : Temp. Reso.L2_J0 1 2 3 4 5 6 71' 8' 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 I'I I 27 28 29 30 31 32 33 34 CITY OF TAMARAC, FLORIDA RESOLUTION NO. - .P-/410 A RESOLUTION APPROVING AND AUTHORIZING EXECUTION OF A COVENANT FROM LaFORET AT WOODMONT HOMEOWNERS ASSOCIATION FOR MAINTENANCE OF PORTIONS OF THE RIGHT-OF-WAY PAVED WITH BOMANITE. WHEREAS, LaForet at Woodmont Homeowners Association has re- quested acknowledgement of an executed covenant for maintenance of the right-of-way paved with bomanite; and WHEREAS, the City Engineer and City Attorney have reviewed said covenant and have found same to be sufficient from both an engineer- ing and legal standpoint; and WHEREAS, the City Council wishes to approve and authorize the Mayor to execute said covenant. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF TAMARAC, FLORIDA- SECTION 1: That the covenant executed by LaForet at Woodmont Homeowners Association is hereby approved. The Mayor is hereby authorized to execute same, copy of which is attached as Exhibit "A"a PASSED, ADOPTED AND APPROVED THIS day September, 1978. 04 MAY ATTEST: I AA��??y CITY CLERK I HEREBY CERTIFY that I have ap- proved the form and correctness of this RESOLUTION. CITY ATTORNEY. RECORD OF COUNCIL VOTE MAYOR W. FALCK 941,P V/M H. MASSARO C/M H. WIENER C/M I.M. GISRAELLY CAv M. KEI.cH n �w C O V E N A N T J KNOW ALL MEN BY THESE PRESENTS, that the undersigned LA FORET AT WOODMONT HOMEOWNERS ASSOCIATION, INC., hereinafter called the "ASSOCIATION" and MARWIN S. CASSEL, not personally but as Trustee under the provisions of a certain Trust Agreement dated September 3, 1977, known as WOODMONT LAND TRUST I, hereinafter called "OWNER", the owner of certain lands within WOODMONT TRACT 64, according to the Plat :thereof, as recorded in Plat Book 95, Page 40, of the Public Records of Broward County, Florida, do hereby covenant with the City of Tamarac, Florida, in consideration of "CITY'S" permitting "OWNER" to construct portions of Black Olive Drive as shown on revised Site Plan dated 3/3/78 as a bomanite road, that, "ASSOCIATION" or their successors in interest, will pay the entire cost of maintaining those portions of said right- -of-way paved with bomanite for a period of fifty years (50) from the date hereof_. Such construction and maintenance shall be performed in such manner and extent as may be required and approved by the Engineering Department of the City of Tamarac. If the bomanite surface does not serve as a safe skid resistent traffic surface as determined by the City Engineer, the "ASSOCIATION", or their successors in interest shall remove the bomanite pavement and replace it with acceptable asphalt pavement. It is acknowledged that the right-of-way to be paved with the bomanite was dedicated to the public in that Plat entitled WOODMONT TRACT 64 recorded in Plat Book 95 at Page 40 of the Public Records of Broward County, Florida. It is also acknowledged that failure of the "ASSOCIATION" or any of their successors in interest to promptly pay the cost of maintenance to the "CITY" entitles the "CITY" to remove the bomanite and repave the road at the sole cost .of the "ASSOCIATION" of the property at the time the bomanite is removed. The duty to pay the costs of maintenance would include without limitation, normal repair of damaged bomanite pavement, cleaning of pavement, and repaving of the bomanite to bring it to the same elevation as the rest of the street in the event that the entire street is repaved. At the option of the City Engineer, in lieu of resurfacing the bomanite pavement, the "ASSOCIATION" shall remove sufficient asphalt pavement needed to provide a smooth taper of the new asphalt re- surfacing to the existing bomanite. 0� 1 Furthermore, it is acknowledged that the "CITY'S" execution of this Covenant is not a waiver of its rights to specially assess for any road. improvements or other assessments authorized by law that it makes in the future, nor is it a limitation upon the City's ability to make any other lawful changes on the property for road or other improvements. This Covenant shall run with the land and shall be binding upon all future owners of the property described in Exhibit 1 attached hereto and made a part hereof. This Covenant may be cancelled by the "CITY" unilaterally or with the written consent of the "CITY" and all owners of the property described in Exhibit 1. "CITY" agrees that at such time as the "OWNER" turns over the area to the Homeowner's Association, whose ultimate members will be the owners of lots in WOODMONT TRACT 40, which Associa- tion shall have the obligations hereunder relative to the main- tenance of the right-of-way areas paved with bomanite, the cost for all of which will be proratably paid by such lot owners as required by restrictions encumbering the lots in WOODMONT TRACT 64, that the "TRUSTEE OWNER" hereunder shall be relieved of any and all obligations under this Covenant. DATED THIS %Piday of SN,hf��., , 1978. Signed, sealed & delivered hin the presence of: Secretary AP/ to "CASSEL LAFORET �W%,Vlc "CASSOCIAT ,. By: Presiden RS (SEAL) 4R'IN S. CASSEL, t person- ally but as Truste under the provisions of a c rtain Trust Agreement dated 9/ /77, and known as Woodmon Land Trust I - 2 - "OWNER" LAW OFFICES CASSEL & CHOTINER, MIAMI, FLORIDA • TEL. 371-7592 ACKNOWLEDGMENTS TO COVENANT CONTINUED CIT WeR."EMOMM,24A. "I i 21=510 aw Z 4: ARMA MA STATE OF FLORIDA ) ) SS: COUNTY OF BROWARD ) BEFORE ME personally appeared CARL R. TRAUGER and STANLEY N. HALPERN as President and Secretary of LAFORET AT WOODMONT HOME- OWNERS ASSOCIATION, INC., a corporation not for profit organized under the Laws of the State of Florida, who did acknowledge before me that they executed the foregoing Covenant for the pur- poses and uses therein contained. WITNESS my hand a d of icial seal at the above State and County this day of , 1978. MyNComm u1�,�(S� gpojFx�?,r tP� MY CON°,MISSION EXPIRES APRIL 5 1980 --e&Qvc9 -;WRi j-�IF2nL INC. UNDERWRITERS: STATE OF FLORIDA COUNTY OF DADE V1Al\1 1 V1JL1V / , TATE OF FLORIDA AT LARGE �k*ieisie***irir*iric*ic*ic**iric9rit% ) SS: BEFORE ME, the undersigned authority, personally appeared MARWIN S. CASSEL, as Trustee aforesaid, who did acknowledge before me that he did execute the foregoing Covenant for the purposes and uses therein contained. WITNESS m hand an fficial seal at the above State and County thisday of - , 1978. RY PUBLIC TATE OF FLORIDA AT RGE My commmission expires: NOTARY PUOQUC STAiL Gi'� FROR;DA AT LARGF MY COMMISSION !XNRES ANM 5 1980 BONDED THRU GENERAL INS. UNDERWRITERS. - 3 - LAW OFFICLS CASSEL & CHOTINER, MIAMI, FLORIDA • TEL. 371-7592 ACKNOWLEDGMENTS TO COVENANT CONTINUED: I / lk STATE OF FLORIDA ) ) SS: COUNTY OF BROWARD ) BEFORE ME, the undersigned authority, personally appeared !'ii� • rA- L e, X , as 1q4 V n of THE CITY OF TAMARAC, a Florida Municipality, who did acknowl- edge before me that he did execute the foregoing Covenant for the purposes and uses therein set forth. WITNESS my hand an official seal at the above State and County, this / V day of 1978. NO- ARY PUBLIC S� ATE OF FLORIDA AT LARGE My commission expires: Nofary Pubfic, Mate of PGriwu at Laic e .My Ccmmissicn Expires rune 7, 1931 Bonded by N"H'Icey Anertcy - 4 - LAW OFFICES CASSEL 6 CHOTINER, MIAM1, FLORIOA I TEL. 371-7592