HomeMy WebLinkAboutCity of Tamarac Resolution R-2000-124Temp. Reso. #8922
January 27, 2000 1
CITY OF TAMARAC
RESOLUTION NO. R-2000-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA, AUTHORIZING THE
APPROPRIATE OFFICIALS TO ACCEPT AND EXECUTE A
UTILITY EASEMENT ENCROACHMENT AND HOLD
HARMLESS AGREEMENT WITH ORITT/TRION
WOODMONT, LTD., FOR THE LANDSCAPING LOCATED IN
A UTILITY EASEMENT IN THE WALGREENS AT
WOODMONT SHOPPES PROJECT LOCATED ON THE
SOUTHWEST CORNER OF UNIVERSITY DRIVE AND NW
82"d STREET; AUTHORIZING AND DIRECTING THE CITY
CLERK TO RECORD SAID AGREEMENT IN THE PUBLIC
RECORDS OF BROWARD COUNTY; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Oritt/Trion Woodmont, Ltd., owner of the Walgreens at Woodmont
Shoppes Project (attached hereto in map form as "Exhibit 1 ") located on the southwest
corner of University Drive and NW 82"d Street has landscaping located in a utility
easement; and
WHEREAS, the owner, Oritt/Trion Woodmont, Ltd., has offered a Utility
Easement Encroachment and Hold Harmless Agreement to the City of Tamarac; and
WHEREAS, the Owner shall hold the City harmless from any costs or obligation
to restore the landscaping as a result of any repair or maintenance to the utility
easement or infrastructure; and
WHEREAS, the Interim Director of Utilities recommends the acceptance and
execution of this Utility Easement Encroachment and Hold Harmless Agreement for the
Walgreens at Woodmont Shoppes Project; and
WHEREAS, the City Commission of the City of Tamarac, Florida, deems it to be
Temp. Reso. #8922
January 27, 2000 2
in the best interest of the citizens and residents of the City of Tamarac to accept and
execute a Utility Easement Encroachment and Hold Harmless Agreement with
Oritt/Trion Woodmont, Ltd., for the landscaping located in a utility easement at the
Walgreens at Woodmont Shoppes Project.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA:
SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and
confirmed as being true and correct and are hereby made a specific part of this
resolution.
SECTION 2: That the appropriate City Officials are hereby authorized to
accept and execute a Utility Easement Encroachment and Hold Harmless Agreement
with Oritt/Trion Woodmont, Ltd., for the landscaping located in a utility easement at the
Walgreens at Woodmont Shoppes Project (attached hereto as "Exhibit 2") located on
the southwest corner of University Drive and NW 82"d Street.
SECTION 3: That the City Clerk is hereby authorized and directed to
record said agreement in the public records of Broward County.
SECTION 4: All resolutions or parts of resolutions in conflict herewith are
hereby repealed to the extent of such conflict.
SECTION 5: If any clause, section, other part or application of this
Resolution is held by any court of competent jurisdiction to be unconstitutional or
invalid, in part or application, it shall not affect the validity of the remaining portions or
applications of this Resolution.
1-1
SECTION 0:
passage and adoption.
Temp. Reso. #8922
January 27, 2000 3
This Resolution shall become effective immediately upon its
PASSED, ADOPTED AND APPROVED this aT day of
2000.
i
JOE SCHREIBER
MAYOR
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JENSON, CMC
CITY CLERK
ERTIFY that I have
RECORD OF COMMISSION VOTE
MAYOR SCHREIBER
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DIST 2. COMM. MISHKIN
DIST 3: COMM. SULTANOF
DIST 4: VIM ROBERTS
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WALGREENS AT WOODMONT SHOPPES
UTILITY EASEMENT ENCROACHMENT AND HOLD HARMLESS AGREEMENT
"Exhibit 2"
UTILITY EASEMENT ENCROACHMENT
AND
HOLD HARMLESS AGREEMENT BETWEEN
THE CITY OF TAMARAC
AND
ORITT/TRION WOODMONT, LTD.
THIS AGREEMENT made this 52 T day of jbI9,4k 2000, by and
between the CITY OF TAMARAC, a municipal corporation With principal offices located
at 7525 NW 88t" Avenue, Tamarac, Florida 33321 (hereinafter called CITY) and ORITT
TRION WOODMONT, LTD., a Florida limited partnership with principal offices located at
5310 N.W. 33'd Avenue, Suite 219, Fort Lauderdale, Florida 33309, (hereinafter called
the DEVELOPER/OWNER), for the purpose of holding the CITY harmless for the
removal or destruction of landscaping and/or structures located on
DEVELOPER/OWNER's property and within utility easements held by the CITY.
WHEREAS, DEVELOPER/OWNER is owner of a parcel of land in the City of
Tamarac, Broward County, Florida, more particularly described in Exhibit A, attached
hereto and incorporated herein by reference; and
WHEREAS, DEVELOPER/OWNER has constructed or will construct landscaping
and/or structures as part of its development of the parcel described in Exhibit A within
utility easement(s) described in Exhibit B, attached hereto and incorporated herein by
reference, and recorded in Plat Book 132, Page 43 of the Broward County public
records; and
WHEREAS, said existing landscaping and/or structures are described on the site
plan for Walgreens at Woodmont Shoppes prepared by Schnars Engineering
Corporation dated 10/18/99 a copy of which is on file with the CITY and attached hereto
and incorporated herein by reference as Exhibit C; and
WHEREAS, CITY is grantee of the utility easement(s) described above and has
an obligation to maintain and repair utility lines in order to serve the citizens of the City of
Tamarac; and
WHEREAS, DEVELOPER/OWNER agrees to hold the CITY harmless for any
expenses incurred by the CITY's use of the utility easement(s) resulting in the
destruction and/or removal of said existing and/or future landscaping and/or structures;
and
NOW, THEREFORE, in consideration of the promises and mutual covenants
herein contained, the parties hereto agree as follows:
1. The foregoing recitals are true and correct and incorporated herein by this
reference.
2. DEVELOPER/OWNER agrees to immediately remove at its own expense
any encroachment located within the CITY's utility easement once notified by the
CITY of such encroachment.
3. DEVELOPER/OWNER shall hold harmless and indemnify the CITY from
and against all claims, liability and expense arising from the aforesaid
encroachments, landscaping and/or structures, including the expense of
removing, relocating, restoring and replacing same.
4. CITY shall be held harmless by DEVELOPER/OWNER and shall not be
responsible for the damage, destruction or replacement of irrigation lines within
the utility easement(s).
5. CITY shall be entitled to make emergency repairs to utility lines within the
easement(s) without prior notice to DEVELOPER/OWNER if giving notice would
be of detriment to the health, safety and welfare of the citizens of Tamarac.
6. DEVELOPER/OWNER agrees that any structures placed within the utility
easement shall be limited to minor structures only, such as a sign, fence, or slight
encroachments of concrete. No drainage structures, including, but not limited to,
detention or retention basins, shall be permitted within the utility easement(s).
• 7. DEVELOPER/OWNER agrees that landscaping within the utility
easement(s) shall be limited to bushes, shrubs and flowers, and that no trees
shall be placed within the utility easement(s).
8. DEVELOPER/OWNER shall place a 1' by 1' sign or plaque on the site of
the landscaping or structure, which shall state the following: "This structure may
be ordered removed by the City of Tamarac without notice and at no cost to the
City should its removal become necessary to repair any utility line. The cost of
removal shall be borne by DEVELOPER/OWNER its successors and assigns."
9. DEVELOPER/OWNER shall not place encroachments within the utility
easement(s) unless specifically provided for in this Agreement.
10. This Agreement contains the entire agreement between the parties
relating to the subject matter hereof. This Agreement shall not be amended
unless in writing and signed by the parties hereto.
11. This Agreement shall run with the land and bind DEVELOPER/OWNER,
its agents, heirs, successors and assigns, and any subsequent owners of the
parcel described in Exhibit A.
12. Venue for any actions resulting from this Agreement shall be Broward
County, Florida. This Agreement shall be governed by the laws of the State of
Florida as are now and hereinafter in force.
•
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IN WITNESS WHEREOF, the parties have made and executed this Utility
Easement Encroachment and Hold Harmless Agreement on the respective dates
under each signature. CITY OF TAMARAC, through its Mayor and
ORITT/TRION WOODMONT, LTD, through KENNETH T. BARBER, President
of, Trion Woodmont, Inc., sole general partner to Oritt/Trion Woodmont, Ltd. duly
authorized to execute same.
ATTEST:
L. �J VC41-�111�
Marion Swenson
Interim City Clerk
as to form and I
MitcUll S. Kraft,
CITY OF TAMARAC
Schreiber, Mayor
Date:
Jeffery Miller, City Manager
•
IN WITNESS WHEREOF, Developer has hereunto set his hand and seal on the day
and year first above written.
IT
Type Name
Corporate Secretary
(Corporate Seal)
STATE OF FLORIDA
COUNTY OFSS
DEV OPER
By:
Type Name Kenneth T. Barber
President
Trion Woodmont, Inc.
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the
State afore aid and in the County aforesaid to take acknowledgments, personally
appeared. ; '' to me known to be the person(s)
described in and who executed the foregoing instrument and _ ;A r, acknowledged
before me anrt u misr that— AL_ executed the same.
WITNESS my hand and official seal this 'QS day of _ r\ a j2- i L
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( �') Personally known to me, or
( ) Produced Identification
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NOTARY PUBLIC, State of Florida
at Large
0 1 a (Y) "�
(Name of Notary Public: Print, Stamp,
or type as Commissioned)
Type of I.D. Produced
( ) DID take an oath, or ()) DID NOT take an oath.
"Exhibit A"
LEGAL DESCRIPTION:
PARCEL A, Or "PORTOBELLO", ACCORDING TO THE PLAT THEREOF, AS
RECORDED IN PLAT BOOK 132. AT PAGE 43, OF THE PUBLIC RECORDS
OF BROWARD COUNTY, FLORIDA.
0
"Exhibit A"
•
SOUTHGATE BOULEVARD
N.W. 82nd STREET
PROJECT '
LOCATION
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"Exhibit B"
SKETCH AND LEGAL DESCRIPTION
POLICE LAND SURVEYORS, INC.
PLS3 5381 NOB HILL ROAD
-n SUNRISE, FLORIDA 333351
TELEPHONE: (954) 572--1777 FAX 1--)`4) 572--1778
CERTIFICATE OF AU iHORIZATION N , LE3870
E—MAIL: surveys0pulicelandsurv�-,ynrs om
LEGAL DESCRIPTION:
A PORTION OF PARCEL "A" OF "PORTOBELLO" ACCORDING TO THE
PLAT THEREOF AS RECORDED IN PLAT BOOK 132 AT PAGE 43 OF THE
PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHWEST CORNER OF SAID PARCEL "A"; THENCE
RUN NORTH 89 DEGREES 47 MINUTES 44 SECONDS EAST ALONG THE
NORTH LINE OF SAID PARCEL "A" FOR A DISTANCE OF 28D.00 FEET
TO A POINT; THENCE RUN SOUTH 00 DEGREES 12 MINUTES 16
SECONDS EAST FOR A DISTANCE OF 10.00 FEET TO THE POINT OF
BEGINNING; THENCE RUN NORTH 89 DEGREES 47 MINUTES 44
SECONDS EAST FOR A DISTANCE OF 15.00 FEET TO A POINT;
THENCE RUN SOUTH 00 DEGREES 12 MINUTES 16 SECONDS EAST FOR
A DISTANCE OF 20.00 FEET TO A POINT; THENCE RUN SOUTH 89
DEGREES 47 MINUTES 44 SECONDS WEST FOR A DISTANCE OF 15.00
FEET TO A POINT; THENCE RUN NORTH 00 DEGREES 12 MINUTES 16
SECONDS WEST FOR A DISTANCE OF 20.00 FEET TO THE POINT OF
BEGINNING.
(CONTAINING: 300 SQUARE FEET).
NOTES:
1) THIS SKETCH DOES NOT REPRESENT A FIELD SURVEY.
2) BEARINGS ARE BASED ON THE NORTH LINE OF PARCEL "A" BEING N89'47'44"E.
N.W. 82nd STREET
500'12'16"E N89'47'44" E
rvay 4i 44 It 140u.uu 10.00'
— POINT OF COMMENCEMENT --- POTNT�17-
N.W. CORNER PARCEL "A" BEGINNING
NOO'12'16"W
20.00' --/
FILE- TRION VENTURES, INC.
SCALE: 1" - 100'
RDER NO.: 38674E
ATE: DECEMBER 7, 1999
WATER MAIN EASEMENT
UNIVERSITY DRIVE AND N.W. 82nd ST
FOR: TRION VENTURES, INC.
500'12 16 E
20.DO, EXISTING 10' UTILITY
589'47'44"W EASEMENT BY PLAT
15.00'
PARCEL "An
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John F. Pulice, Reg. Land Surveyor #2 1, State of Florida
Michael Charles Flynn, Reg. Land Surveyor #3281, State of Florida
Jay Keri, Reg. Land Surveyor #5721, State of Florida
"Exhibit B"
SKETCH AND LEGAL DESCRIPTION
_ PULICE LAND SURVEYORS, INC.
PLsj 5381 NOB HILL ROAD
SUNRISE, FLORIDA 33351
TELEH'�-.-%;-. (954) 572-1777 FAX: �954) 572-1 778
_-,-:FICATE OF AUTHORIZATION NO. LB387
MAIL: surveys (g�pulicelandsurveyors.com
LEGAL DESCRIPTION:
A PORTION Or -ARCEL "A" OF "PORTOBELLO" ACCORDING TO THE
PLAT THEREOF A: RECORDED IN PLAT BOOK 132 AT PAGE 43 OF THE,
PUBLIC RECOPD:• CF BROWARD COUNTY, FLORIDA. BEING MORE
PARTICULARL7 ,ESCRIBED AS FOLLOWS:
COMMENCE Al THE SOUTHEAST CORNER OF SAID PARCEL "A THENCE
RUN SOUTH 89 DEGREES 47 MINUTES 44 SECONDS WEST ALONG THE
SOUTH LINE OF SAID PARCEL "A" FOR A DISTANCE OF 100.00 FEET
TO A POINT; THENCE RUN NORTH 00 DEGREES 12 MINUTES 16
SECONDS WEST FOR A DISTANCE OF 10.00 FEET TO THE POINT OF
BEGINNING; THENCE RUN SOUTH 89 DEGREES 47 MINUTES 44
SECONDS WEST FOR A DISTANCE OF 15.00 FEET TO A POINT;
THENCE RUN NORTH 00 DEGREES 12 MINUTES 16 SECONDS WEST FOR
A DISTANCE OF 70.00 FEET TO A POINT; THENCE RUN NORTH 89
DEGREES 47 MINUTES 44 SECONDS EAST FOR A DISTANCE OF 15,00
FEET TO A POINT; THENCE RUN SOUTH 00 DEGREES 12 MINUTES 16
SECONDS EAST FOR A DISTANCE OF 70.00 FEET TO THE POINT OF
BEGINNING.
(CONTAINING: 1050 SQUARE FEET).
NOTES:
1) THIS SKETCH DOES NOT REPRESENT A FIELD SURVEY.
2) BEARINGS ARE BASED ON THE SOUTH LINE OF PARCEL "A" BEING S89'47'44"W.
N.W. 82nd STREET
PARCEL TA„
N 89'47' 44"E
15.00'
S_OO'1 2.ICE
70.00
N00'12'16"W
EXISTING 10' UTILITY 70.00'
POINT ,-�F
EASEMENT BY PLAT �
BEGINNING
_ ._..___--—----- — I--- — ——
S$9'4744'W
100.00'
S89'47'44"WJ
NOO'10'16- W
15.00'
— 10.00
TRION VENTURES, INC.
SCALE: 1" - 100' 1
lamORDER NO.- 38674A
ATE: DECEMBER 7, 1999 '
WATER MAIN EASEMENT "' • 7
UNIVERSITY DRIVE AND N.W. 82nd ST.
POINT OF
COMMENCEMENT
S.E. CORNER
PARCEL "A"
i
John F. Pulice, Reg. Land Surveyor #2691, State of Florida
Michael Charles Flynn, Reg, Land Surveyor #3281, State of Florida
Jay Keri, Reg. Land Surveyor #5721, State of Florida
FOR: TRION VENTURES, INC.
"Exhibit B"
SKETCH AND LEGAL DESCRIPTION
PULICE LAND SURVEYORS, INC.
5381 NOB HILL ROAD
SUNRISE, FLORIDA 33351 +
TELEPHONE: (954) 572-1777 " FAX: (954) 572-1778
CERTIFICATE OF AUTHORIZATION NO. LB3870
E—MAIL: surveys0pulicelandsurveyors.com
LEGAL DESCRIPTION:
A PORTION OF PARCEL "A" OF "PORTOBELLO" ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT
BOOK 132 AT PAGE 43 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
THE WEST 30.00 FEET OF SAID PARCEL "A"
TOGETHER WITH:
THE NORTH 10.00 FEET OF SAID PARCEL "A" I
TOGETHER WITH:
THE SOUTH 10.00 FEET OF SAID PARCEL "A"
TOGETHER WITH:
THE EAST 10.00 FEET OF SAID PARCEL "A"
TOGETHER WITH:
THE NORTHEAST 10.00 FEET OF SAID PARCEL "A".
(CONTAINING: 23,286 SQUARE FEET)
N.W. 82nd STREET
0
l N89'47'44'E 530.00'
0 N
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or------------
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PARCEL "A"
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of 88747'44"W 560.00'
NOTES: 2
1) THIS SKETCH DOES NOT REPRESENT A FIELD SURVEY.
2) BEARINGS ARE BASED ON THE NORTH LINE OF PARCEL "A"
BEING NORTH 89 DEGREES 47 MINUTES 44 SECONDS EAST.
FILE. TRION VENTURES, INC.
SCALE: 1' - 100'
ORDER NO.- 38992
rTE* FEBRUARY 4, 2000
P RIMETER UTILITY
EASEMENTS
FOR: TRION VENTURES, INC.
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J hn F. Pulice, Reg. Land Surveyor #2691, State of Florida
Michael Charles Flynn, Reg. Land Surveyor #3281, State of Florida
Jay Keri, Reg, Land Surveyor #5721, State of Florida
"Exhibit 0
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CORPORATE RESOLUTION
I, the undersigned Secretary of TRION WOODMONT, INC., a corporation organized
and existing under the laws of the State of Florida, the general partner of ORITT/TRION
WOODMONT, LTD., a Florida limited partnership.
DO HERBY CERTIFY that at a meeting of the Board of Directors of said corporation,
duly held on t'6* , 1999, a quorum being present, the following resolutions were
adopted and that the saiS resolutions have been entered upon the regular minute book of said
corporation, are in accordance with the by-laws and are now in full force and effect, to -wit:
RESOLVED, that KENNETH T. BARBER, signing singly, is hereby authorized singly,
unless otherwise indicated above, to borrow money and to obtain credit for this
corporation or for others from MELLON UNITED NATIONAL BANK f/k/a
UNITED NATIONAL BANK (the "Bank") on such terms as may seem to them
advisable; to make and deliver notes, drafts, acceptances, guaranties, agreements, and
Any other obligations of this corporation therefor, in form satisfactory to said Bank, with
full authority to endorse or guarantee the same in the name of this corporation; as
security therefor to encumber any property of this corporation, real or personal; and to
execute and deliver all instruments and to affix the corporate seal to effect same; and
further
RESOLVED, that the execution and delivery of the Promissory Note in the amount of
$4,650,000.00 (the "Promissory Note"), the Construction Loan Agreement, the Mortgage
Deed, the Assignment of Leases, Rents and Profits and the ancillary Loan Documents,
all dated as of November �_, 1999 between ORITT/TRION WOODMONT, LTD. and
the Bank, is duly authorized, ratified and confirmed.
IN WITNESS jYHEREOF, I have hereunto sub ribed y name and affixed the seal of
said corporation this !t day of November, 1999.
,Secretary
GADATAWellon UnittaBarber Lom\mwbmaurh Corp-Reso