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HomeMy WebLinkAboutCity of Tamarac Resolution R-86-3404 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 Introduced byl� Temp. Reso. #4311 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R--86- =3 a A RESOLUTION APPROVING AND ACCEPTING A HOLD HARMLESS AGREEMENT OFFERED BY BON- AIRE ASSOCIATES, LTD., FOR THE WATER PLACE PROJECT; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE COUNCIL -OF THE CITY OF TAMARAC, FLORIDA: ,SECTION 1: That the Hold Harmless Agreement offered by Bonaire Associates, Ltd. pertaining to private streets within the Water Place Project is hereby approved and accepted, a copy of said Agreement being attached hereto as "Exhibit 1". SECTION.._2_ That the appropriate City officials are hereby authorized to execute said agreement on behalf of the City. ,SECTION 3: That the City Clerk is hereby authorized and directed to record said agreement in the public records of Broward County, Florida. ,5,ECTION 4: This Resolution shall become effective upon adoption. r� PASSED, ADOPTED AND APPROVED this day of 1986. BERNARD H MAYOR ATTEST: MAKLYN BERTHOLF % MAYOR: HART ,..�,� CITY CLERK l/ DIST. 1: C/W MASSARO I HEREBY CERTIFY that I have DIST. 2: V/M STELZER approved the form and correctness DIST. 3: C/M GOTTESMAN of this RESOLUTION. DIST. 4: C/M STEIN _..A., YA PL ATE CITY ATTORN Ns ^ to \ 'Lf HOLD HARMLESS AGREEMENT This Hold Harmless Agreement made this 2nd day of Peptember 19866 by Bonaire Associates, Ltd -,'A Florida Limited owner and holder of the . property subject to plat, easements, and described, as grantor, whose mailing address is 7800 N.W. 78th Street, Tamarac, FL 33321, "BONAIRE" and the City of Tamarac, a Florida municipal corporation having an address at 5811 N.W. 88th Avenue, Tamarac, Florida 33321, "CITY" (Whenever used herein, the term *BONAIRE" and "CITY" shall include the respective successors and assigns of the parties hereto, whenever the context so admits or requires). WITNESSETH: WHEREAS, BONAIRE is the owner of that certain real property located in Broward County, more particularly described in Exhibit "A" attached hereto, and 0 WHEREAS, the CITY has been granted a non-exclusive easement for purposes of ingress and egress on the easement as recorded in the Plat of Woodmont, Tract 74 and 75, in Plat Book 108, at Page 39, of the Public Records of Broward County, Florida. WHEREAS, private streets will be located on the easement referred to herein. NOW, THEREFORE, in consideration Of the sum of TEN DOLLARS ($10.00) and other good and valuable considerations paid by each of the parties hereto to the other party, receipt of which is hereby acknowledged by both parties, the parties hereto do hereby agree as follows: 1. Bonaire shall relieve the City and County of any liability for any injuries which may occur as a result of the streets (referred to herein) being private streets and further agrees to hold the City and County harmless for all attorneys fees incurred therein. 2. Bonaire shall maintain said streets for as long as said streets remain private streets. 3. The provisions of this agreement shall be binding on the parties hereto and the respective successors and assigns as a covenant running with and binding upon the Servient Estate. Li,is Acree:`i_nL Sita_ll ter-Pi..3 e u: D.'1 vaca ti,:n o t E easem._rnt b%, tht Ci: f. IN WITNESS WHEREOF, the parties have hereunto stt ._-their hands and seals on the day and year first above written. Signed, sealed and delivered in the presence of: BODE ASSOC. LTD., A Flcr : 3 Limited Partners'ria BY: Boni Investmnts G.P. by / Ris f emities, Inc. G.P. // BY: r Rairef S. Riss,r.7m, n STATE OF FLORIDA COUNTY OF BROWARD I HEREBY CERTIFY that on this day, before me, an Officer duly authorized an the State aforesaid and in the County aforesaid to to a acxnowledgments, personally appeared 155 an to me known to be the person d scribed in and o executed the foregoing instrument and }1'. acknowledged before me that executed the same. WITNESS my hand and official seal in the County and State last aforesaid this Q 4-4f _day of `��,��,,.kt--,e_ , 19$w- NOTARY PUBLIC My Commission Expires: K4;t Pabiit, state of Fbrida *Commission Expires Noy. 27, 1Si',S k6"o Iie I" hra : M ar, sw 1 Signed, sealed and delivered in the presence of: . e 9 1 t)l �Z' /Y� -'— JO N P. LL , MANAGER 'tn esss (CITY) I"Awlz qw, go By: MAYOR City of Tamarac MARILYN B THOLF, CITY 9LERK Witness I HEREBY CERTIFY that I have approved the form and correctness of this document. A. BRYANT APPLEGATE CITY ATTORNEY 1 1 EYMBIT "A" Water Place DEsairTION: Tract 75 as described in Plat of Woodmont 74 and 75 and recorded in Droward County,Plat Book No. 108, Page 39. •.�•.• J •a a,