HomeMy WebLinkAboutCity of Tamarac Resolution R-88-110Temp. Reso. #5016
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CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-88- //0
A RESOLUTION AUTHORIZING THE APPROPRIATE CITY
OFFICIALS TO EXECUTE AN AGREEMENT OF RELEASE
AND ABANDONMENT OF EASEMENT AND RIGHTS APPER-
TAINING THERETO AND RELEASE OF INTEREST IN
CERTAIN FEES PREVIOUSLY PAID PERTAINING TO THE
MIDWAY PLAZA WELLS; 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 with Midway Invest-
ments, LTD., Pertaining to Release and Abandonment of Easement
and Rights Appertaining Thereto and Release of Interest in
Certain Fees Previously Paid" pertaining to the Midway Plaza
Wells, a copy of said agreement being attached hereto as
"Exhibit 1".
SECTION 2: That the City Clerk is hereby authorized and
directed to r.e,:ord said agreement in the public records of
Broward County, Florida.
SECTION 3: This Resolution shall become effective upon
adoption.
PASSED, ADOPTED AND APPROVED this oZ 7 day of ,
1988.
ATTEST:
�t4
CAROL E_. BARBUTO
CITY CLERK
I HEREBY CERTIFY that I have
approved this Resolution as
to form.
/�?A�toaDV��
RICHARD DOODY
CITY ATTORNEY
NORMAN ABRAMOWITZ
MAYOR
RECORD OF COUNCIL VOTE
MAYOR ABRAMOWITZ Gc etv-
DISTRICT 1:
C/M ROHR
DISTRICT 2:
V/M STELZER
DISTRICT 3:
C/M HOFFMAN
DISTRICT 4:
C/M BENDER
AGREEMENT OF RELEASE AND ABANDONMENT OF EASEMENT
AND RIGHTS APPERTAINING THERETO
AND RELEASE INTEREST IN CERTAIN FEES PREVIOUSLY PAID
THIS AGREEMENT OF RELEASE AND ABANDONMENT OF EASEMENT AND RIGHTS
APPERTAINING THERETO AND RELEASE INTEREST IN CERTAIN FEES PREVIOUSLY PAID is
made this ,e7141 day of April, 1988, by and between the CITY OF TAMARAC, a
municipal corporation organized and existing under the laws of the State of
Florida ("CITY"), and MIDWAY INVESTMENTS, LTD., a Florida limited partnership
("MIDWAY),
W I T N E S S E T H:
WHEREAS, the CITY has certain non-exclusive easement rights over the
property described as Midway Plaza, according to the Plat thereof described in
Plat Book 126, Page 14 of the Public Records of Broward County, Florida
("Property"), which easement rights are described upon Composite Exhibit A
consisting of a Raw Water Line and Well Easement Agreement and a legal
description appertainng thereto, which exhibit is attached hereto and made a
part hereof ("Easement"), and
WHEREAS, the Easement was granted for the purpose of installing,
• reinstalling, maintaining and repairing certain potable water collection and
transmission lines to service five (5) public potable water wells (four of
which wells have been drilled but have not been put in service and one of
which wells is located, but not drilled), and
WHEREAS, the approximate locations of each of the five (5) public
potable water wells are designated on Composite Exhibit A, attached hereto and
made a part hereof, and
WHEREAS, in addition to certain issues arising with regard to the
placement and maintenance of the wellfield, MIDWAY has raised certain economic
issues including, but not limited to, the right to the return of $75,000.00
previously paid for future road improvements and the payment for the
installation of a certain traffic light in the amount of $43,000.00, and
WHEREAS, the CITY, in cooperation with MIDWAY, has determined that there
are alternative means of providing for adequate substitute potable water
• capacity, of enjoying substantial savings in favor of the CITY by avoiding
additional capital expenditures in connection with bringing the existing wells
to an operational status and of providing for the CITY's future potable water
needs through the enhancement of the CITY's existing operational wells, and
1
WHEREAS, the CITY has determined that it is in the best interests of the
CITY and the public to abandon, release and terminate the Easement, the rights
to such wells and the collection and transmission lines associated therewith,
and to require the closing of the aforedescribed public potable water wells,
and
WHEREAS, MIDWAY, in cooperation with the CITY, has determined that it
would be in its best interest regarding the maintenance of the shopping center
to forego and waive the reimbursement of $75,000.00 in fees previously paid
and the return of costs for construction of a traffic signal, over and above
previously -reimbursed escrow deposits pertaining to such construction in the
amount of $43,000,00, and
NOW, THEREFORE, in consideration of Ten Dollars ($10.00) and other good
and valuable considerations, the legal sufficiency of which is hereby
acknowledged, the parties agree as follows:
1. INTENT: It is the intent of the parties hereto to provide a public
record of their respective findings and agreements with regard to the
abandonment, release, vacation and termination of certain non-exclusive
easement rights and the rights to maintain five (5) potable water wells on the
Property, as the location thereof is set forth upon Composite Exhibit A; to
release the Property from the encumbrance of such Easement as is described
upon Composite Exhibit A; to terminate all of the CITY's use or right to use
the wells or wellsites designated upon Composite Exhibit A; to release,
quit -claim, terminate and waive any and all rights of the CITY to the
ownership, control and/or s4se of the associated collection and transmission
lines, and to set forth MIDWAY's agreement to cause the closing of the
existing four (4) wells which have been drilled and which are designated upon
said Composite Exhibit A. It is the further intent to acknowledge and set
forth and give notice to the general public that upon the recording hereof,
the CITY has no further rights to the ownership, control or use of nor any
responsibility for or pertaining to the condition or use of the Easement or
the wells or wellsites described and/or designated on Composite Exhibit A or
the collection and transmission lines associated therewith, as built and as
existing on the Property. It is the further intent of the parties to
recognize their mutual interests in the use of road improvement fees
previously paid by MIDWAY to the CITY,'and it is the further intent of the
parties that MIDWAY not only waive its right to reimbursement of the
$75,000.00 previously paid for road improvements, but to release the CITY from
any obligation to pay MIDWAY back the costs for the installation of the .
traffic signal in the amount of $43,000.00.
2. ABANDONMENT: The CITY does hereby release, abandon, waive,
terminate, vacate and quit -claim all of its rights, titles, interests and
privileges in and to the non-exclusive easement rights, licenses, permissions,
2
rights of use and maintenance with regard to the Easement as described upon
said Composite Exhibit A, the wells and wellsites as designated upon Composite
Exhibit A, the collection and transmission lines associated therewith, and
such rights, titles, interests, licenses, permissions and privileges as are or
as may be more fully described in that certain Raw Water Line and Well
Easement dated September 16, 1986, recorded December 22, 1986, in Official
Records Book 14008, Page 233 of the Public Records of Broward County, Florida,
.
and as such rights are set forth and/or contemplated in that certain Bill of
Sale Absolute dated September 16, 1986, recorded December 22, 1986, in
Official Records Book 14008, Page 228 of the Public Records of Broward County,
Florida, or in City Resolution R86-352 adopted October 8, 1986, recorded
December 22, 1986, in Official Records Book 14008, Page 232 of the Public
Records of Broward County, Florida, or in City Resolution R86-353 adopted
October 8, 1986, and recorded December 22, 1986, in Official Records Book
14008, Page 238 of the Public Records of Broward County, Florida.
3. CLOSING: MIDWAY, at its cost,'but subject to the limitations set
forth in Paragraph 4 hereof, shall immediately proceed to obtain all licenses
and permits necessary to do and MIDWAY shall do all things appropriate to
close the four (4) public potable water wells existing on the Property and
located as designated upon said Composite Exhibit A. CITY, to the extent
required by the circumstances or the rules, regulations or requirements of
other agencies, shall immediately, upon written request by MIDWAY and at
. MIDWAY's cost, make application for and take such steps as are necessary or
appropriate to obtain such permits and licenses as shall be necessary to be
obtained in the CITY's name to accomplish the purposes hereof.
4. WAIVER OF FEES AND DOCUMENTATION: In connection with the
obligations of MIDWAY as set forth in Paragraph 3 hereof, the CITY will issue
such licenses and permits as are required by local or State regulations,
without cost to MIDWAY, and the CITY shall expeditiously review plans and
conduct such inspections as shall facilitate MIDWAY's compliance with its
obligations hereunder. In furtherance of this Agreement, the CITY shall take
such actions as shall be necessary and appropriate to effectuate the intent
hereof including, but not limited to:
a) application for and approval of abandonment of existing
four (4) wells to and from the South Florida Water Management District, the
Health Department of Broward County, and such other agencies as may have
jurisdiction thereof;
b) execution and delivery of a release'and termination of
easement to MIDWAY, in recordable form, referring to and describing the
Property;
c) execution and delivery of a bill of sale absolute to
MIDWAY, in recordable form, referring to and describing the wells, their
sleeves, screens and other assembly parts, and the collection and transmission
lines associated therewith, and
3
d) execute and deliver to MIDWAY such other documents as are
appropriate to fulfill the terms hereof.
The parties anticipate that the legislative and administrative actions
necessary to fulfill the acts contemplated at b) and c) hereof shall occur
concurrently with the legislative acts and ministerial duties necessary to
authorize the execution hereof.
5. COLLATERAL AGREEMENTS: MIDWAY and CITY have entered into a Water
and Sewer Developer's Agreement dated November 27, 1985 and recorded in
Official Records Book 13424, Page 870, which agreement has been amended twice
by instruments recorded in Official Records Book 14754, Page 0123, and in
Official Records Book 14979, Page 202, respectively. To the extent that such
instruments contemplate the Easement or the wells or the collection and
transmission lines established and existing in connection therewith or any
title, interest, license, right, privilege or permission to erect, construct,
use, repair, maintain, locate or relocate the same, such title, interest,
right, license, privilege or permission is hereby quit -claimed, conveyed,
abandoned, waived and terminated but, otherwise, such agreement and the
amendments thereto, as described in this Paragraph 5, shall continue in full
force and effect. Nothing in such agreement or the amendments thereto shall
be deemed to reimpose the rights conferred by or contemplated in the Easement.
b. LEGAL COMPLIANCE; PUBLIC NOTICE OF LIMITS OF RESPONSIBILITY:
The CITY represents that it has done each and every thing
required by the laws of the State of Florida, its Charter and ordinances, to
authorize the making of this Agreement, and the completing of any act
contemplated herein will not violate such laws, charter or ordinances. Should
it be determined in the future that additional acts, whether legislative or
otherwise, are necessary to accomplish the intent herein expressed, the CITY
shall forthwith undertake and complete such acts, subject to the limitation
imposed by the Constitutions of the United States and the State of Florida.
Public notice is hereby provided, upon the recordation hereof,
that nothing herein contained shall be construed to impose upon the CITY any
burden or responsibility with regard to the existence, use, maintenance or
lack of maintenance of the aforedescribed wells or transmission or collection
lines associated therewith, and it is the intent of the parties hereto that
the CITY shall have no liability with respect to such uses after the CITY
0
shall have released, abandoned, waived, terminated, vacated and quit -claimed
its rights, titles, interests and privileges in and to the non --exclusive
easement rights, licenses, permissions, rights of use and maintenance with
regard to the Easement, the wells and wellsites as designated upon Composite 40
Exhibit A, the collection and transmission lines associated therewith, and
such other rights as are contemplated in Paragraph 2 hereof. The CITY's
continuing responsibility to make applications as required by the rules and
regulations or requirements of other agencies as contemplated herein or to
execute and deliver to MIDWAY such other documents as are appropriate to
M
fulfill the terms of this Agreement, all as contemplated in Paragraph 4
hereof, shall not be deemed as constituting an operational control or right of
control or responsibility to maintain the wells or associated collection and
transmission lines, or any part thereof, as described herein. Such acts with
respect to the making of applications required by other agencies, or the
requirement to execute and deliver documents to fulfill the terms hereof, or
the CITY's responsibility to provide for permits concerning the duties of
. MIDWAY are deemed ministerial in nature.
7. RELEASE: MIDWAY hereby remises, releases, acquits, satisfies and
forever discharges the CITY of and from all, and all manner of action and
actions, cause and causes of action, suits, debts, accounts, reckonings,
damages, judgments, claims and demands with specific and only with regard to
the reimbursement or use of the $75,000.00 previously paid under that certain
Developer's Agreement last executed on December 12, 1985, and attached hereto
as Exhibit B. In addition and in recognition of the reimbursement of previous
escrow deposits in the amount of $40,000.00 paid to MIDWAY by the CITY in
connection with the erection and construction of a traffic signal, and in
further recognition of the benefits to the parties as a result of achieving an
amicable resolution of the matters contemplated herein,, MIDWAY hereby
remises, releases, acquits, satisfies and forever discharges the CITY of and
from all, and all manner of action and actions, cause and causes of action,
suits, debts, accounts, reckonings, damages, judgments, claims and demands
with specific and only with regard to paying MIDWAY for the costs which MIDWAY
suffered in connection with the construction and erection of a traffic signal
at or about University Drive, in front of the Property, which construction
costs exceeded $43,000.00. Moreover, MIDWAY hereby remises, releases,
acquits, satisfies and forever discharges the CITY of and from all, and all
manner of action and actions, cause and causes of action, suits, debts,
accounts, reckonings, damages, judgments, claims and demands from any claim
under the Fifth and Fourteenth Amendments of the Constitution of the United
States or under the applicable provisions of the Constitution of the State of
Florida concerning the taking of or compensation for the taking of an interest
in the Property by virtue of any actions leading to the establishment of, the
construction of or the making, delivery and conveyance of the Easement or any
rights appertaining thereto including, without limitation, the reinstalling,
maintaining and repairing of certain potable water collection and transmission
lines to service five (5) public potable water wells which MIDWAY may have
against the CITY in connection with the circumstances described herein and
contemplated hereby.
8. ENTIRE AGREEMENT; MODIFICATION: No statements, representations,
warranties, either written or oral, from whatever source arising, except as
expressly stated in this agreement, shall have any legal validity between the
parties or be binding upon any of them. The parties acknowledge that this
agreement contains the entire understanding and agreement of the parties. No
M
modifications hereof shall be effective unless made in writing and executed by
the parties hereto with the same formalities as this agreement is executed.
9. BINDING EFFECT: All of the terms and provisions of this agreement
shall be binding upon and inure to the benefit of the parties hereto, their
respective assigns, successors, legal representatives, heirs and
beneficiaries, as applicable.
10. ATTORNEY'S FEES: Should any dispute arise hereunder, the
prevailing party shall be entitled to recover agaivist the other party all
costs, expenses and attorney's fees incurred by the prevailing party in such
dispute, whether or not suit be brought, and such right shall include all of
such costs, expenses and attorney's fees through all appeals or other actions,
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals
the day and year set forth below their respective signatures.
ATTEST: CITY OF TAMARAC
By: Zfl`•til.
CITY CLERK N RM,4jV #BRAMow11rZ. MAY
8,4X6UrO (SEAL)
APPROVED AS TO FORM:
jR,
"MLb��, -
CITY ATTORNEY Ag1c-H-4AD o01>1
COUNTY OF BKOWAKD
Dated: 7 / 9 93
CITY 01WTAMARAC
APPROVED AT MEETING OF 7
City Clerk
MIDWAY g1MS=,,,
By:
General Partner
Dated:
I HEREBY CERTIFY that on this day, before me, a-& Officer duly authorized
in the State aforesaid and in thA County aforesaid, to take acknowledgments,
personally appeared
, the Mayor , of the CITY OF
TAMARAC, to me known to be the person$ described in and who executed the
foregoing instrument, and %,heX swore to and acknowledged before the that then
executed the same.
WITNESS my ha and official seal in the County and State last aforesaid
this 2 day of 1988.
NOTARY PUBLIC, STATE OF FLORIDA
My Commission Expires:
NOTARY PUBLIC STATE Of FLORIDA
NY CONNISSIOU EXP SEPT 17.IM
BONDED THRU GENERAL INS. UND.
6
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STATE OF FLORIDA
COUNTY OF BROWARD
I HEREBY CERTIFY that on this day, before me, an officer duly authorized
in the State aforesaid in t nt oresaid, to take acknowledgments,
personally appeared General. Partner of MIDWAY
INVESTMENTS, LTD., to -me' known o b e"persp described in and who executed
the foregoing instrument, and he swore to an y
acknowledged before me that he
executed the same.
WITNESS my han and fficial seal in thZj/
and S last aforesaid
this � day of r 1988.
1 r
NOT,AR7 PUB IC, STATE C
M,y' C mmiss on Expires:
JCB/b F...
1570m ►
Rev. 1/28/88 �: :OTARY PUBLIC STATE OF F OOM4
Rev. 4/12/88 SY CONNISSION EXP, JULY 1.1999
SOWD THRU GENERAL INS. UND.
Rev. 4/22/88 �.
Rev. 4/25/88
7
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•�"y TAMARAC UTILITIES WEST
ovcv'^
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S%alnv ' l• p.o.v RAW WATER LINE AND WELL EASEMENT
Yea �.
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HIS RAW WATER 4INE AND WELL EASEMENT made this day of
, 198(o, by MIDWAY INVESTMENTS, LTD., a Florida
limi ed partnership, 5100 North Federal Highway, Suite 412, Fort
Lauderdale, Florida 33308 ("Grantor"), and the CITY OF TAMARAC, a
Florida municipal corporation, having an address at 5611
.Northwest 88th Avenue, Tamarac, Florida 33321 ("Grantee").
(Whenever used herein, the term "Grantor" and "Grantee" shall in-
clude the respective successors and assigns of the parties
hereto, whenever the context so admits or requires.)
WITNESSETH:
WHEREAS, Grantor is the owner of that certain real property
located in Broward County, Florida, more particularly described
in Exhibit "A" attached hereto (hereinafter referred to as
"Servient Estate"); and
WHEREAS, Grantor desires to grant unto Grantee a non-
exclusive easement to use a portion of the Servient Estate, more
particularly describedin Exhibit "B" .attached hereto
(hereinafter referred to as "Easement Area");
NOW, THEREFORE, in consideration of the sum of TEN DOLLARS
($10.00) and other good and valuable consideration paid by each
of the parties hereto to the other party, receipt of which is
hereby acknowledged by both parties, the parties hereto do hereby
grant and agree as follows:
I. Grantor hereby grants and conveys to Grantee, its suc-
r.essors and assigns, a non-exclusive easement ("Easement") over
and upon the Easement Area for the installation and maintenance
of raw water lines, wells and associated appurtenances. The
Easement created by this instrument is limited to the Easement
Area.
2. Grantor reserves all rights not herein granted pursuant
to the Easement, including, but not limited to, the right of free
ingress and egress over and upon the Easement Area and to grant
further easements under, over and on the Easement Area; provided
that, in no event shall any of the rights herein reserved impede
the Easement herein granted or the exercise of the rights of use
thereunder. Grantee, by its acceptance and use of,the Easement,
agrees to promptly repair, at .its expense, any damage caused by
the exercise of its rights under this Easement. Further, Grantee
agrees to indemnify and hold Grantor harmless from any loss or
claim arising from Grantee's use of the Easement.
3. The provisions of the Easement shall be binding on the
parties hereto and the respective successors and assigns as a
covenant running with and binding upon the Servient Estate and
the Easement Area.
4. This Easement shall not be released or altered without
consent of the Grantee.
IN WITNESS WHEREOF, Grantor has hereunto set his hand and
seal on the day and year first above written.
Signed, sealed and delivered
in the presepqe of/)
K.
CITY OF TAMARAC
5811 N. W, 88th AVENUE ,
TAMARAC, FLORIDA 3332µ �
City C!er!(s Deat.
(GRANTOR)
MIDWAY INVESTMENTS, LTD.,
a Florida limited partnership
LM
Allan J. ,Goldberg,
General/Partner
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y Manager
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I HEREBY CERTIFY that I have
approved the form and correct-
ness of this Raw Water Line
and Well Easement.
A. Bryant Apple at�,
City Attorney
(GRANTEE)
CITY OF TAMARAC
By:
4ernarAddn-Har , Mayor
v
STATE OF FLORIDA )
) ss.
COUNTY OF BROWARD)
I hereby certify that on this day, before me, an officer duly
authorized in the State aforesaid and in the County aforesaid to
take acknowledgments, personally appeared Alan J. Goldberg, as
general partner of Midway Investments, Ltd., a Florida limited
partnership, to me known to be the person described in and who
executed the foregoing instrument and he acknowledged before me
that he executed the same on behalf of the -limited partnership.
WITNESS my hand and offici s a n the County and State
last aforesaid this %(o - day of
4WLag
lic, State .•of.> ;kpr.ic?a
at
?r/ r-vb!ic,...
My commission expires: (NefiA�
-cxf. c�; ��,;�':,' oc
STATE OF FLORIDA )
)
COUNTY OF BROWARD)
I hereby certify that on this day, before me, an officer duly
authorized in the State aforesaid and in the County aforesaid to
take acknowledgments, personally appeared Bernard Hart, as Mayor
of the City of Tamarac, Florida, to me known to be the person
described in and who executed the foregoing instrument and he ac-
knowledged before me that he executed the same on behalf of the
City of Tamarac, Florida.
t7 CU
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WITNESS my hand and official seal in the Count and State N
last aforesaid this 15"`` day of 6zazr* v 198y• �
Notary Public, State of -Florida'
at Large
My commission expires: (NOTARY SEAL) `
"TANI PHLIC STATE DI FLORIDA
198450017ea0915 : 209 *T C"KISS103 EXP SEPT 11,1990
9 / 1 6 / 8 6 80RDE0 INRU GENERAL ENS,
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Exhibit "A"
All of Midway Plaza according to the Plat thereof recorded in
Plat Book 126, Page 14 of the Public Records of Broward County,
Florida.
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LOCATION MAP
198450017EA0915:209
9/15/86
DESCRIPTION: (RAW WATER LINE & WELL EASEMENT)'
A PORTION OF MIDWAY PLAZA, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN
PLAT BOOK 126, PAGE 14 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA,,
BEING A STRIP OF LAND 15.00 FEET IN WIDTH LYING 7.50 FEET ON EACH SIDE. OF
AS MEASURED AT RIGHT ANGLES TO, THE FOLLOWING DESCRIBED CENTERLINES:
COMMENCING AT THE. NORTHWEST CORNER OF THE "TAMARAC POST OFFICE." PLAT, AS
RECORDED IN PLAT BOOK 91, PAGE•. 5 OF THE PUBLIC RECORDS OF BROWARD COUNTY,
FLORIDA; THENCE NORTH 0000' 56" WEST, ALONG Tl!L' EAST RICl1T-OF-WAY LINE. OF
N.W. 79 th AVENUE, A DISTANCE OF 475.07 FEET TO T11F. POINT OF RECINNINr OF
THIS DESCRIPTION; THENCE SOUTH 99000102" EAST, A DISTANCE. OF 772.13 FEET
TO A POINT, SAID POINT HEREINAFTER TO BE KNO14N AS POINT "A"; THENCF.
CONTINUE SOUTH 89000102 EAST, A DISTANCE. OF 210.16 FEET; THENCE
SOUTH 00*00156" EAST, A DISTANCE OF 293.15 FEET TO A POINT, SAID POINT
HEREINAFTER TO BE KNOWN AS POINT "B"; THENCE CONTINUE
SOUTH 00000156" EAST, A DISTANCE OF 226.40 FEET; THENCE
NORTH 89'00102" WEST, A DISTANCE OF 49.66 FEET TO A POINT, SAID POINT
HEREINAFTER TO BE KNOWN AS POINT "C"; THENCE CONTINUE
NORTH 89000102" WEST, A DISTANCE OF 254.40 FEET TO A POINT, SAID POINT
HEREINAFTER TO BE KNO14N AS POINT "D"; THENCE CONTINUE
NORTH 89*00102" WEST, .A DISTANCE OF 138.94 FEET; THENCE
NORTH 39*38119" WEST, A DISTANCE OF 276.29 FEET TO THE POINT OF TERMINUS.
TOGETHER WITH:
BEGINNING AT THE AFORESAID POINT "A"; THENCE NORTH 00'59'5R" FAST, A
DISTANCE OF 36.91 FEET TO THE POINT OF TERMINUS.
BEGINNING AT THE AFORESAID POINT "B"; THENCE NORTH 89000'00" WEST, A
DISTANCE OF 254.54 FEET; THENCE NORTH 37054100"`I•?EST, A DISTANCE OF 48.68
FEET TO THE POINT OF TERMINUS.
TOGETHER WITH:
BEGINNING AT THE AFORESAID POINT "C"; THENCE NORTH 00'59'59" EAST, A
DISTANCE OF 58.26 FEET TO THE POINT OF TERMINUS.
TOGETHER WITH:
BEGINNING AT THE AFORESAID POINT " D " ; THENCE SOUTH 0005Q'58" WEST, A
DISTANCE OF 172.16 FEET; THENCE. SOUTH 42047116" WEST, A DISTANCE, OF 52.53
FEET TO THE POINT OF TERMINUS.
TOGETHER WITH:
THE NORTH 320.00 FEET OF THE WEST 10.00 FEET OF SAIT) MIDWAY PLAZA.
SAID LANDS SITUATE, LYING AND BEING IN THE CITY OF TAMARAC, BROWARD
COUNTY, FLORIDA.
CERTIFICATE:
WE HEREBY CERTIFY THAT THIS DESCRIPTION AND SKETCH CONFORMS TO CHAPTER
21HH-6.06(1), MINIMUM TEC!INICAL STANDARDS FOR LAND $.URVEYINC IN THE STATE
OF FLORIDA AS ADOPTED BY THE DEPARTMENT OF PROFESSIONAL REGULATION, BOARD
OF LAND SURVEYORS, IN SEPTEMBER 1981, AND IS TRUE AND CORRECT TO THE BEST
OF MY KNOWLEDGE AND BELIEF.
GRAVEN-THOMPSON & ASS-OCIATES, INC.
Est •�� .... , .,. r,r�' • :.•
�Y. F'.'.�. •. y ( 1. •'
WILLIAM A. TRIIEMAlq —
RECISTERED LAND SUi VEYD,R, N0. 33,58
STATE OF FLORIDA
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DEVELOPER'S
AGREE �7-
id U;.•--d1
(Voluntary Contribution for
Traffic
Signalization and Traffic Ways
Enhancement)
THIS AGREEMENT is made
between
the CITY OF TAMARAC, a municipal
corporationG
("CITY"), and MIDWAY INVESTMENTS,
LTD.,
a Florida limited partnership
("DEVELOPER"),
�31
.
WITNESSETH:
WHEREAS, DEVELOPER has submitted a site plan for final approval by the --CITY
with regard to the development of the property described upon Exhibit A, attached
hereto and made a part hereof (Property), and
WHEREAS, the DEVELOPER and CITY are desirous of providing for the mitigation
of the vehicular impacts which the development of the subject property will have
on the local traffic ways.
NOW, THEREFORE, in consideration of the mutual benefits to be derived from
the making and implementation hereof, the legal sufficiency of which is hereby
acknowledged, the parties agree as follows:
1. PREAMBLE; PURPOSE: The foregoing recitations are true and correct, and
the same are made in order to memorialize the intentions of the parties with respect
the matters contemplated herein.
2. TRAFFIC SIGNALIZATION FUND; USE OF CONTRIBUTION: The DEVELOPER contemplates
the establishment of one or more traffic signals at or about University Drive, in
front of the Property, in order to regulate the flow of traffic at such location,
as effected by the traffic generated by or attracted to the development. In
anticipation thereof, the DEVELOPER shall make a voluntary contribution of Forty
Thousand ($40,000.00) Dollars to the CITY'S traffic signalization fund
contemporaneously with the approval of the site plan for the Property. Such funds
or an equivalent amount thereof shall be used in payment of such traffic
signalization, when and if a proposed location is identified and the same meets
the requisite warrants as established by the applicable governmental agencies. In
the event that the cost of the erection of such traffic signalization shall exceed
the subject contribution, the DEVELOPER shall provide such funds as shall be required
to complete said installation. In the event that the cost of such signalization
is less than such contribution, or in the event there is no installation of the
anticipated signalization, the excess or total of such contribution, as applicable,
all be subject to the unrestricted use of the CITY.
3. TRAFFICWAYS IMPACT; CONTRIBUTION: The DEVELOPER shall make a contribution
to the CITY'S trafficways fund in the amount of Seventy Five Thousand ($75,000.00)
Dollars in mitigation of the impact which the subject development will have on the
local trafficways by virtue of the vehicular traffic generated by and attracted
to the Property as a result of the development thereof. Such payment shall be made
contemporaneously with the approval of the site plan for the development of the
Property.
4. ATTORNEY'S FEES: Should any dispute arise hereunder. the prevailing party
shall be entitled to recover against the other party all costs, expenses and
reasonable attorney's fees incurred by the prevailing party in such dispute, whether
or not suit be brought, and such right shall include all of such costs, expenses
and reasonable attorney's fees through all appeals or other actions.
5. ENTIRE AGREEMENT; MODIFICATION: No statements, representations, warranties,
either written or oral, from whatever source arising, except as expressly stated
in this Agreement, shall have any legal validity between the parties or be binding
upon any of them. The parties acknowledge that this Agreement contains the entire
understanding and agreement of the parties. No modifications hereof shall be
effective unless made in writing and executed by the parties hereto with the same
formalities as this Agreement is executed.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the
day and year set forth below their respective signatures.
ATTEST:
I HEREBY CERTIFY that I have
approved the form and correctness
of this Developer%i' Agreement.
(STATE OF FLORIDA
L1 : ss.
COUNTY OF BROWARD
CITY OF TAMARAC
By:
MAYOR �}—
Dated: �/1985.
(SEAL)
MIDWAY INVESTMENTS, LTD., a Florida
Limited Partnership
By:J���cx
' 6 �
Dated: ivoyem ,e arc 1985.
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in
the State o esaid ap d fin the County aforesaid, to take acknowledgments, personally
appeared h µ of the CITY OF TAMARAC,
to me known to 6e the person et cribed iff and who executed the foregoing instrument,
and he swore to and acknowledged before me that he executed the same.
WITNESS hand and official seal in the County and State last aforesaid this
day of 1985.
0
ANC MIC !IATL !X FLV!r)A
"I CLxR;,�tpx rxp Jllkr .Q,15f•9 PUBLIC,TARY r
IAIL OF FLORIDA
090cb T*WPAI Gr V-2AL M. UK),
STATE OF FLORIDA
. ss.
COUNTY OF BROWARD
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in
the State aforesaid and in the County aforesaid, to take acknowledgments, personally
appeared Ala-,,J. Gold b , of the MIDWAY INVESTMENTS,
LTD., to me known to be the person described in and who executed the foregoing
instrument, and he swore to and acknowledged before me that he executed the same.
WITNESS my hand and official seal in the County and State last aforesaid,
9i s a & day of XJo rcmb<,- , 1985.
Notary Public, State of Florida a; Large
My Commission Expires Apr. 26. 199
BAHpED THRU HUCKLEBMAY. Sle'-ry
♦ HARVE• INSURANCE : BANDS. INC.
C1
�J
NOTARY PUBLIC, S A E OF F! U IDA --
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�. , .,'fie:' ' �:�;, „Y dr.. •ewr
DESCRI.PT I CN: to VERAL L /
Ti
A PORT/01✓.OF TRACTS .9 AND TRACT 16, Of 'FORT L-AUDERDALE
/C/� F•SRpS Sf%dD! VI S/ON' Of SECT 10,A' 9, T Ok'I✓SY, i P 49 SOUTH,
PE C G f JE.� �' :' PL A a L' O �, I'A � c 31 0
All"'57Z-
=; EAST, AS
'rCORos Or dnOBl 4RD CCG'h'Ty', "�L !If%DA, do 1/>
,'C
.FAR T/CULARLY OESrRISFD AS fOLLOKS:
CO&MENCING A T . THE SOG'THEAST • CORAER OF SAID SfCT 10A' 9;
THENCE /'OR T H 01 ' 26 ' 27 ' H'ES T, A L ONO THE EA S T L I I✓E OF .'SA 1,9
SECT ION 9 A D I STANCE OF . 1431. 16 FEET; THFA'CE
SOUTH E9 ' 35 , i 0 ' NEST, ?A:3AL L fL N'/ TH THE SDJTfl L I /►'E Of Sf. i hi
SECT : ON 9, A OF 300. 01 FEET ' To THE P011✓7 6"
eEC J/►;'✓I."✓G OF T1,'%S :7ESC,•?IPT ..,IA!.THr/►,CE
SOG' H 69'a5' ; 0' ' EST A D/ cTA/✓CE C:= 090. 3c %�FET, T C A i'C; ;,'."
r " -NAY r ''� :":'` i ✓. k'. : y T H �; "'
oil., THE EA S TEh'� Y CHT-Cr= • . - • - ` ;
►, ri H v1 8. -,. EAST, ~ALONG �Ail� . AS: `r� .
F!ISh'T-0:= _;;'A y" -/✓E OF N. K. 79TH AyEAIVE, A 0iSTAA; t.-
512,60 rET; THENCE NORTH 89 '3'4 ' OS' EAST, A D I STAI✓CE D%z'
305. O2 FEET; THENCE SOUTH 01 '26'34' EAST, A 0/.STAI✓C4 �r
4S9' '95 FEE T TO A POINT ON THE NOR THERL Y R 1 GHT - DF h:S Y L .' /•'E
OF N. H', 57TH STREET; THEIj'CE Iloff TH 89.'34126' EA ST, A! 0%�C
THE NOR THERL Y R I CH - Of -YA Y L / NF CF /►'. N'. S; ' TH S TPFE T, A
XT ANCE OF 906. 50 FEET, TO A Pv /NT O:z- C I RC JL AP, CUf L'F .=
IIE CONCA VE TO THE 11OR THr,'FS T; THE NCE EA 5 ; E RL
NOR THERL Y AL ONO THE ARC' OF SA /D CURVE HAVIt✓G ri P.Av %[%S Cr:'
25. 00 FEET, A CENTRAL AA16L E OF 9I ' 00 ' S3 ' A/✓D Ali' ARC L E C TH
Or 39. 71 FEET, TO A POINT Or TANGENCY; T ,r i.,F
/►'ORTH 01 026'27' K'EST, PARAL L EL X/ TH AND 53. 00 FEET k'ES T Gf
THE EAST L /AIE Of SA lD SECT ION 9 AND AL ONO THE AES rE.YL Y
RIGHT-OF-H'AY L INE OF UNI VERS/TY DRI VE, A DISTANCE OF 676. e1
FEET; THENCE SOUTH 89033'34' r'EST, A DISTANCE OF 2.47. 18
FEE T; THENCE NOR TH 0 I ' 2 4 ' 3 7 ' H'ES T, A DISTANCE OF 27 0. 10
FEET, TO THE POINT OF BEGINNING.
SAID LANDS SITUATE, LYING AND BEING IN THE CITY OF TAMARAC,
-•BROP, A'RD COUNTY, FL OR I DA ' AND CONTAINING 22.857 ACRES, MORE
OR L ESS.
ALSO KNOWN AS THE UNRECORDED PLAT OF MIDWAY PLAZA
CERTIFICATE:
�I HEREBY CERTIFY THAT THIS DESCRIPTION AND SKETCH CONFORMS TO CHAPTER
21HH-6.06(1), MINIMUM TECHNICAL STANDARDS FOR LAND SURVEYING IN THE STATE
OF FLORIDA AS ADOPTED BY THE DEPARTMENT OF PROFESSIONAL REGULATION, BOARD
OF LAND SURVEYORS, IN SEPTEMBER 1981, AND IS TRUE, AN'D CORRECT TO THE BEST
OF MY KNOWLEDGE AND BELIEF.
DATE � /a
DENNIS M. BE L S �
REGIS?i REP -LAND 5URVEY_Ot NO. 3606
STAT? LF FLORIDA
I
CRAVEN �HOMPSON' & Aki3OCIATES INC. - .
ARCHITECTS • ENGINEERS • PLANNERS • SURVEYORS
5901 N.w. 31 AvEwuf . FoFCT UIUDERrwu . F omoA 33309 • (305) 971.7770
OFFICES: FORT—LAVOERDALL, •[ST PALM HACH
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