HomeMy WebLinkAboutCity of Tamarac Resolution R-78-140Proposed by:
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Temp. Reso.L2_J0
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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