HomeMy WebLinkAboutCity of Tamarac Resolution R-78-186Introduced by:c7A.ri-tj-&/rNyuo�
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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
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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.
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