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HomeMy WebLinkAboutCity of Tamarac Resolution R-78-186Introduced by:c7A.ri-tj-&/rNyuo� Temp. # 1/3011,2 D 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R- 7,P- A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH WOODMONT APARTMENT HOMES- 67A, INC. PERTAINING TO MAINTENANCE AND USE OF CANAL RIGHT-OF-WAY BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF TAMARAC, FLORIDA, THAT: SECTION 1: The appropriate City officials are authorized to enter into an agreement with Woodmont Apartment Homes- 67A, Inc. wherein said Association would perpetually maintain certain canal right-of-way which has not been excavated and indemnify and hold harmless the City for any or all loss, cost or expense incurred by the City arising out of or due to the main- tenance of land by the Association, its agents or employees and/or due to the use of said land by the owners and lessees of Condominiun Parcels in said Condominium, members of their families and servants residing in said Condominium Parcels and the guests and invitees of the foregoing. SECTION 2: This Resolution shall be effective immediately. PASSED, APPROVED AND ADOPTED this I_DAY OF �— ,1978. ATTEST: &4-CITY CLERK I HEREBY CERTIFY THAT I have approved the form and correctness of this RESOLUTION CITY ATTORNEY RECORD OF COU CHI VOTE MAYOR W. FALCK 69 VIM K MASSARO �P CIIA H. WIENER �*yQ C/M I.M. DISRAELLY C/O M. KEU--tf - --- SZnrs instrument Was Prepared By: \ UEL HY SILVERGLATE EsQuire COURSHON & BERK, F.A. T'm atac University Dri�% tam�rac, Florida 33321 r!•_VVVUfl: *Tin THIS AGREEMENT made this 31st day of October , 1978, by and between WOODMONT APARTMENT HOMES-67A, INC., a Florida corporation not -for -profit, having its principal place of business in the City of Tamarac, County of Broward, State of Florida, hereinafter sometimes called "ASSOCIATION," and CITY OF TAMARAC, a political subdivision of the State of Florida, of the County of Broward, State of Florida, hereinafter sometimes called "CITY". WITNESSETH: WHEREAS, CITY is the owner of the land, lying and situated in the City of Tamarac, County of Broward, State of Florida, described on Exhibit "A", attached hereto and made a part hereby by reference; and WHEREAS, said land has heretofore been dedicated for canal purposes; and WHEREAS, ASSOCIATION is the entity that is responsible for the operation of WOODMONT APARTMENT HOMES-67A, a Condominium, according to the Declaration of Condominium thereof, as recorded in Official Records Book 7091, at Page 368, of the Public Records of Broward County, Florida, and amendments thereto, said Condominium being situated on land that is contiguous to the land described on said Exhibit "A"; and WHEREAS, ASSOCIATION, in accordance with the provisions of Section 718.114, Florida Statutes, and Article 11 of its Article of Incorporation, has the power, inter alia, to enter into agreements, to acquire leaseholds, memberships and other possessory or use interests in lands or facilities, more particularly described therein, for the use or benefit of the owners and lessees of Condominium Parcels in said Condominium; and WHEREAS, ASSOCIATION believes that it will be a benefit to the owners and lessees of Condominium Parcels in said Condominium to have the land described in said Exhibit "A" remain in its present state and not be utilized by CITY for canal purposes; and WHEREAS, CITY is agreeable to same, provided that ASSOCIATION 1 11 will perpetually maintain said land and will hold harmless and indemnify CITY for any and all loss, cost or expense, incurred by CITY, arising out of or due to the maintenance of said land by ASSOCIATION, its agents or employees and/or the use of said land by the owners and lessees of Condominium Parcels in said Condominium, members of their families and servants residing in said Condominium Parcels and the guests and invitees of the foregoing; and WHEREAS, ASSOCIATION is agreeable to same. NOW, THEREFORE, in consideration of the covenants herein contained and other good and valuable consideration, the parties hereto agree as follows: 1. The land described on Exhibit "A", attached hereto and made a part hereof by reference, will remain in its present state and not be utilized by CITY for canal purposes. 2. ASSOCIATION will perpetually maintain said land and will hold harmless and indemnify CITY for any and all loss, cost or expense, incurred by CITY, arising out of or due to the maintenance of said land by ASSOCIATION, its agents or employees and/or the use of said land by the owners and lessees of Condominium Parcels in said Condominium, members of their families and servants residing in said Condominium Parcels and the guests and invitees of the foregoing. 3. This Agreement shall constitute a covenant running with the said land and shall be binding upon the undersigned, their successors and assigns. IN WITNESS WHEREOF, the undersigned have signed and sealed this instrument on the day and year first above written. Signed, sealed and delivered in the presence of: Signed, sealed and delivered in the presence of: ASS -y- C'T� -2- WOODMONT APARTMENT HOMES-67A, INC., a Florida corporation not -for - profit BY 6S . WO:ZA. s_ ent r� ;SEAL) Attest: LEE A. PERRY, s4,dbretary CITY OF TAMARAC BY o (' \ &Q- 't) Wa er al k - Mayor STATE OF FLORIDA ) ) SS. COUNTY OF BROWARD ) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared S.J. WORKMAN and ZEE A. PERRY as President and Secretary, respectively of WOODMONT APARTMENT HOMES-67A, INC., a Florida corporation not -for -profit, well known to me, and that they severally acknowledged executing the foregoing instrument in the presence of two subscribing witnesses freely and voluntarily under authority duly vested in them by said corporation and that the seal affixed thereto is the true corporate seal of said corporation. WITNESS my hand and official seal in the County and State last aforesaid this 31st day of October , 1978. Notary Publite, State of Florida My commission expires: at large WTARY PUBLIC STATE (X FLORIDA AT LARM MY COMMISSION EXPIRES NOV 21 1981 80NDW THRU GENERAL INS . L"ERWRI7= STATE OF FLORIDA ) ) SS. COUNTY OF BROWARD ) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared WALTER W. FALCK, known to me to be the MAYOR of the CITY OF TAMARAC, and that he acknowledged executing the same in the presence of two subscribing witnesses freely and voluntarily under authority duly vested in him by said CITY OF TAMARAC. WITNESS my hand and official seal in the State and County last aforesaid, this da, 01y of AZ2=c- �te�r _ - 1978. My commission expires: Notary Public, Sfate of Florida at Large MY, Commission Expires June 7, 1981, Bonded 6 -- Y MinceY Agency r-1 -3- Notary P lic, State o Florida at large EXHIBIT "A" All that portion of land area, lying within the canal right-of-way, as recorded in Official Records Book 6450, at Page 688, of the Public Records of Broward County, Florida, that is adjacent to the westerly and northern boundaries of WOODMONT TRACT-67A, according to the Plat thereof, recorded in Plat Book 92, at Page 1, of the Public Records of Broward County, Florida. 1