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Home My WebLink AboutCity of Tamarac Resolution R-91-0621.1 9 Temp. Reso. # 6023 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-91-�� A RESOLUTION AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE AN AGREEMENT AND COVENANT RUNNING WITH THE LAND PERTAINING TO ENTRY WAY PLANTER BOXES IN THE UTILITY EASEMENT FOR THE WESTWOOD PINES APARTMENTS PROJECT, AND -PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: That the appropriate City officials are hereby authorized to execute an Agreement and Covenant Running With The Land pertaining to entry way planter boxes in the utility easement for the Westwood Pines Apartments Project, a copy of said agreement being attached hereto as "Exhibit 111. SECTION 2: That the City Clerk is hereby authorized and directed to record said agreement in the public records of Broward County. SECTION 3: This resolution shall become effective immediately upon adoption. PASSED, ADOPTED AND APPROVED this /d day of ,1991. ATTEST: CAROL A. EVANS CITY CLERK I HEREBY CERTIFY that I have approved this Resolution as to form. AL N R CITY A EY RECORD OF COUNCIL VOTIw MAYOR ABRAMOWlTZ DISTRICT 1: C/M KATZ DISTRICT 2: H NIANN DISTRICT 3. C/W GLASSER DISTRICT 4: V/M BENDf�R C AGREEMENT AND COVENANT RUNNING WITH THE LAND PROJECT: WESTWOOD PINES THIS COVENANT made this 'sR day of 141 by and between PRESIDENTIAL DEVELOPMENT C RP RATION, a New York corporation, authorized to transact business in the State of Florida, whose address is 4850 West Prospect Road, Suite 2400, Fort Lauderdale, Florida 33309 (hereinafter referred to as "DEVELOPER"), and CITY OF TAMARAC, FLORIDA, whose address is 7525 Northwest 88th Avenue, Tamarac, Florida 33321 (hereinafter referred to as "TAMARAC"). W I T N E S S E T H: WHEREAS, DEVELOPER is the owner of a parcel of real property located in the City of Tamarac, County of Broward and State of Florida more particularly described as follows: All lands contained in the Plat of WESTWOOD 37, according to the Plat thereof, recorded in Plat Book 125, Page 18, of the Public Records of Broward County, Florida WHEREAS, DEVELOPER is building a two hundred eight (208) unit apartment complex to be known as "WESTWOOD PINES" on said property and has plans to place entry way planter boxes within that portion of the twenty (201) foot Utility Easement set forth on the Plat of WESTWOOD 37, according to the Plat thereof recorded in Plat Book 125, Page 18 of the Public Records of Broward County, Florida which fronts on N.W. 77th Street and which is adjacent to the entry way of the WESTWOOD PINES Project as more particularly shown on the sketch prepared by Darby And Way, Inc. attached hereto as Exhibit "A" and by reference made a part hereof; and WHEREAS, TAMARAC requires that DEVELOPER hold TAMARAC harmless against any expense of removal of said entry way planter boxes. NOW, THEREFORE, in consideration of the premises and the mutual covenants herein contained, the parties hereto hereby agree as follows: 1. DEVELOPER shall remove said encroachments or either of them at such time as DEVELOPER shall be required to do so by TAMARAC or any lawful titleholder to said easements. 2. DEVELOPER shall hold TAMARAC harmless from and indemnify TAMARAC against all claims, liability and expense arising from the aforesaid encroachments, including the expense of removing and relocating same. 3. DEVELOPER shall place a plaque on the southeastern wall of the aforedescribed entry way planter boxes which states as follows: "THIS STRUCTURE MAY BE ORDERED REMOVED BY THE CITY OF TAMARAC 46 AT NO COST TO THE CITY SHOULD ITS REMOVAL BECOME NECESSARY TO REPAIR ANY UTILITY LINE. THE COST OF REMOVAL SHALL BE BORNE BY PRESIDENTIAL DEVELOPMENT CORPORATION, A NEW YORK CORPORATION, ITS SUCCESSORS AND ASSIGNS." -1- 1 0 • 4. This Agreement contains the entire Agreement between the parties relating to the subject matter hereof. No amendment shall be binding unless reduced to writing and executed by both parties hereto. 5. This Agreement shall run with the land and bind DEVELOPER, its agents, heirs, successors and assigns and subsequent owners of the aforesaid described real property. IN WITNESS HEREOF, the parties hereto have executed this Agreement as of the day and year first set forth above. Witnesses: PRESIDENTIAL DEVELOPMENT CORPORATION, a New York corporation Donna J. W 4_c' c s r By: ioso Witness ,ovonaia E. xeis , witness CITY OF TAMARAC, FLORIDA City of Tamarac 7525 N.W. 88 Avenue Tamarac, FL 33321 !Qt rz cTcR ,� ,Witness ayor orma Abwi.tz . /I •�" Witness C ty Manager ohn P . Belly I HEREBY CERTIFY that I have approved the fof nd correattess) of this document. Alan F. STATE OF FLORIDA ) )ss COUNTY OF BEFORE ME, the undersigned authority duly authorized to administer oaths and to take acknowledgments, personally appeared D. PAUL BONEVAC as Vice President of PRESIDENTIAL DEVELOPMENT CORPORATION, a New York corporation, to me known to be the person described in the foregoing instrument and who acknowledged before me that he executed said instr ment. SWORN TO and SUBSCRIBED this day of 1990. Notary Pubjic, State _ lorida at Large My Commission Expires: Notary Public State of Florida at Large My Commission Expires: March 20,1994 -2- -�Z �vcSA c. STATE OF FLORIDA ) )ss: COUNTY OF ) it K .- I I W Vv)-1i Is BEFORE ME, the undersigned authority duly authorized to administer oaths 0 o�,,_ and to take acknowledgments, personally appeared b'`s"" A—""T as a of the CITY OF TAMARAC, FLORIDA, to known to be the plerson5 described in the foregoing instrument and who acknowledged before me thatr'hey executed said instrument. ZZ 1 SWORN TO and SUBSCRIBED this /? day of 1996. My Commission Expires: NOTARY PUBLIC STATE OF FLORIDA MY COMMISSION EXP. NOV, 60994 BONDED THRU GENERAL INS. UND. cov.wpl • Notary Public, State of Florida at Large mm J�s3 iya14A;w SKETCH OF PROPERTY VA J4 Nm • J TYPICAL WM PLANTERS AT ENTRY WALL. .4V MOW 1 S � . 'w. \ E'ER ,gTQ,VC7�2p �� j y S F n. w ss\ • �o"� \. �� ,�D1JDINAY s�crrovs Qia.� •` \ h n o\ \ i MAILBOX o \ QJ a EXHIBIT "A" tiX/C)15� c (C- 7/- 4� l O� _ I •7 V A' Iz i \ ` 2 " m 0 91-VAl- x i 11 �� H�W�99 AVE NIOG6M� /E � II N w r as *WML0 F A\ z r ■ i �i PA rw.. _ o .r r 4 C O +► a � N w 9� ILRS r�rt• r IF � j y NW95�YF -+ N u + N VOW NW 9 O —3 O 4p v WAY -5 N WAY N 1c �,. N W 9• AVE r [ Nw !4 x s n r rt AvE r s � ■ N W 9 r A J " Nw i ISEg� M ra* a I Nw91AvE '• 0 Y f)fo N fr1 C7 � 1 c7 Z c� C1-4N Ffi ril C2�C"1 Al Cc rTfl Z z aG TE W IJ �C N 4 rf y L F NW 94 ry ��• i Nw P Old 3 b Monk"