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Home My WebLink AboutCity of Tamarac Resolution R-87-359l 2 3 4 S i 34 35 36 Temp. Reso. #4828 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R--87- A RESOLUTION ACCEPTING A COVENANT WITH THE CENTRE AT WOODMONT CONDOMINIUM ASSOCIATION) INC., PERTAINING TO A DUMPSTER ENCLOSURE ERECTED OVER A UTILITY EASEMENT FOR THE CENTRE AT WOODMONT PROJECT; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE. COUNCIL OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: That the Covenant with the Centre at Woodmont Condominium Association, Inc., pertaining to a dumpster enclosure erected over a utility easement for the Centre at Woodmont project is ACCEPTED, a copy of said Covenant being attached hereto as "Exhibit 111. SECTION 2: That the appropriate City officials are hereby authorized to execute said Covenant on behalf of the City. SECTION 3: That the City Clerk is hereby authorized and directed to record said Covenant in the public records of Broward County, Florida. SECTION 4: This Resolution shall becomq effective immediately upon adoption. , PASSED, ADOPTED AND APPROVED this 1Z9 day of 1987. ATTEST: CAROL E. BARBUTO CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. RICHARD DO Y CITY ATTORNEY ;MAYOR: HART DIST, l: C/M ROHR ;J19 ',1f. 2: C/M STELZER 3: C/M HOFFMAN DISJ". 4: V/M STEIN a ;■ 1-1 1 This instrument prepared by: JOSE A. NAVARRO, P.A. "N.G. M.V. B.W. 7950 West Flagler Street .P t0V Of TAMARAC K Suite #104 Miami, Florida c 305) ® 7- 3S� .� E.S. OCT 14 1987 P.P. 266-shoo FA* ENGIHEEitfyu 01kiTiES P.S. WITH THE LAND This covenant made this tq * day of September, 1987, by and between OREGON DEVELOPERS, INC., a Florida Corporation, hereinafter called "Developer"; THE CENTRE AT WOODMONT CONDOMINIUM ASSOCIATION, INC., a Florida Corporation not -for -profit, hereinafter called "Association", and CITY OF TAMARAC, hereinafter called "Tamarac". W I T N E S S E T H WHEREAS, Developer is the owner of a parcel of land in the City of Tamarac, County of Broward legally described as follows; All of WOODMONT, Block 30, according to the Plat thereof, as recorded in Plat Book 123, Page 18, of the Public Records of Dade County, Florida. LESS: Parcel "A"of WOODMONT, Block 10, according the Plat thereof, as recorded in Plat Book 123, at Page 18, of the Public Records of Broward County, Florida. WHEREAS, Developer is building an office condominium in said pro- perty and in the course of said construction has erected a dumpster enclosure over a utility easement dedicated to the City of Tamarac by an Agreement recorded in O.R. Book 13424, Page 969. WHEREAS, "Association" is a non-profit corporation created to administer the condominium association of "The Centre at Woodmont"", an office condominium. WHEREAS, "Tamarac" requires that Developer and Association hold "Tamarac" harmless in case of removal of said enclosure and that this covenant is binding upon all owners, assigns, transferees, heirs, and/or subsequent parties in interest in said property: NOW THEREFORE, in consideration of the mutual covenants herein, the parties agree as follows: 1) "That this covenant will' run with the land and be binding upon "Developer", "Association", its agents, heirs, assigns, trans- ferees or subsequent owners. - 1 - ''Fel�5to.F7 3:--J>�Cf 2) If it becomes necessary for "Tamarac", its cunt actors or agents to remove the dumspter enclosure located upon the u ili y ease- ment shown on the site plan attached to the agreement between 7.ity of� Tamarac and Oregon Developers, Inc., recorded in the Official ecords of Broward County (Official Records 13424, Page 969), and attached hereto as "Exhibit A", then the "Association", hereby agrees to hold the City of Tamarac harmless and to pay for the cost of reinoviig the dumpster enclosure located upon the above -mentioned easement. Any replacement of the dumpster enclosure within the easement 3halL be done by the Association at its expense. 3) To place a plaque on the southeastern wall of the a ove- mentioned dumpster enclosure that states: "This structure may be removed by the City of Tamarac at no cost to the City shou d is remo- val become necessary to repair any utility line. The Cent a a Woodmont Condominium Association, Inc., shall be liable fo the cost of removal". 4) This instrument contains the entire agreement twe n the parties relating to the rights granted and the obligations ass'med pursuant to this instrument. Any oral representations or modi ica- tions concerning this instrument, shall be of no force and eff ct, excepting a subsequent modification reduced to writing, si ned by the party to be charged therewith. IN WITNESS WHEREOF, Developer has hereunto set his haid ald seal on the day and year first above written. • - 2 - " Eso. 9'7-3.1b-15 If 0 11 0 WITNESSES: LUCYIBELISARIO STATE OF FLORIDA ) COUNTY OF BROWARD ) ASSOCIATION: THE CENTRE AT WOODMONT CONDOMINIUM ASSOCIATION, IAC, MANUE T. GUTIERR Z resident JOSE T. NAVARRO Secretary I HEREBY CERTIFY, that on this day, before me, an Officer duly authorized to take acknowledgements, personally appeared, MANUEL T. GUTIERREZ, and JOSE A. NAVARRO, President and Secretary, respectively, of The Centre at Woodmont Condominium Association, Inc., to me known to be the persons described herein and who executed the foregoing instrument and acknowledged before me that they executed the foregoing instrument to the best of their knowledge. WITNESS my hand and of f isl seal at County, Florida on this day o; e My Commission Expires: RD* PUU;CI My State of Florida eo�amd x"bn Expires I 98! tary t c - S r e,Broward 1987, Flor - 3 - DEVELOPER: OREGON DEVELOPERS, INC., a Florida Corporation By: MANUEL T. GUTI President Attest by: T. G reta (Corporate Seal) STATE OF FLORIDA) COUNTY OF DADE ) 0 I HEREBY CERTIFY, that on this day, before me, an Off cer !duly authorized to take acknowledgements, personally appeared, NU IL T. GUTIERREZ, and RAFAEL T. GUTIERREZ, President and Secretar , r $pec- tively, of OREGON DEVELOPERS, INC., to me known to be the ers ins described herein and who executed the foregoing instrument and acknowledged before me that they executed"auder tru nt to the best of their knowledge. i WITNESS my hand and offic 1 se atBro rdCounty, Florida on this day, 1987. otary Public -- Stlate of for Notary Public, Stat of Florida / My Commission Expires Feb- 18, 1989 My Commission Expires: Boded Tku Dray F* - Insurance, Inc. Signed, sealed and delivered in the presence of: KEGt- Y Attested.- City Clerk a 9RD4 c. 8,}RBuro I HEREBY CERTIFY that I have approved the form and correctness of this Easement Document. CITY ATTORNEY VcNAIRP P oovy (TAMARAC) CITY OF TAMARAC By �i6RNARD rf�R , {9.yoR LJ - 4 - (( 7.3 �sd.8 !;5 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 acknowledg- ments, personally appeared BERNARD HART MAYOR o me known to be the person describea in and who executed the foregoing instrument and he acknowledged before me that he executed the same. WITNESS my hand and official seal in the County and State last aforesaid this. 28th day of OCTOBER A.D., 1987 MY COMMISSION EXPIRES: NOTARY PUBLIC NOTARY PUBLIC STATE OF FLORIDA NY CONNISSION EXP SEPT 17,1990 BONDED THAU GENERAL INS. UND. • 11 me -4A- 4k OD LUFC11 � y /M � `4 � w w.•..w •wt •rw. •w++w �� 4 • � I ! r ; ' •• � . �•• '� !I is • ;` ° �' % A r 11: 1 .. K.:. » •�Ifi l 40 U\ • 41 ..y 7 ID 41* �I'�•; ` ; ~.. 'ryyA 'tom • / ; ;,j•' _ '' q RECORDEY IN iNt O/F hi sr w . - F BRDW��D co 1r• n �IDI►•• , T. 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