HomeMy WebLinkAboutCity of Tamarac Resolution R-84-2291
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Introduced by kA—J&4,—
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-84
Temp. Reso. #3230
A RESOLUTION APPROVING AND ACCEPTING A LICENSE AGREEMENT,
BOLD HARMLESS AGREEMENT AND CASH BOND AGREEMENT OFFERED
BY WATERFORD AT WOODMONT, INC., IN CONNECTION WITH A
TEMPORARY MODEL SALES STRUCTURE FOR WOODMONT TRACT 48;
AND PROVIDING AN EFFECTIVE DATE.
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TAMARAC, FLORIDA:
SECTION 1: That the License Agreement, Eold Harmless Agreement and Cash
Bond Agreement offered by Waterford at Woodmont, Inc., in connection with a
temporary model sales structure for Woodmont Tract 48, are hereby approved, copies
of said agreements being attached hereto as Exhibits "A", "B" and "C".
SECTION 2: This Resolution shall become effective upon adoption.
PASSED, ADOPTED AND APPROVED this _o?45�"& day of 1984.
,07
ATTEST:
ASSISTANT CITY CLERK
I HEREBY CERTIFY that I have approved
the form and correctness of this
Resolution.
RECORD OF COUNCIL VOTE
MAYOR: F-31-WITZ
DISTRICT 4:
V/r,J �Sr'E-I i
DISTRICT 3:
C/M STEI_ZER
DISTRICT 2:
CIM MUNITZ
DISTRICT 1:
CIM DUN,NE
Ll
1
LICENSE AGREEMENT
THIS LICENSE AGREEMENT made and entered into by WATERFORD at WOODMONT, INC.,
a Florida corporation (WATERFORD AT WOODMONT, INC.) to the City of Tamarac, a
municipal corporation (TAMARAC), this 9th day of July, 1984.
W I T N E S S E T H
WHEREAS, WATERFORD AT WOODMONT, INC. is the owner of certain real property
located in Broward County, Florida, which property is described upon the site
plan and plat of Woodmont Tract 48, and which is more particularly described
on Exhibit "A" annexed hereto ana made a part hereof (the "Property") and
WHEREAS, Tamarac, having approved the site plan and plat of the Property
has agreed (pending receipt and approval of complete building plans and the
payment of all appropriate fees) to issue to WATERFORD AT WOODMONT a building
permit for the construction of a sales and information center (the Sales Center)
upon a portion of the Property.
WHEREAS, WATERFORD AT WOODMONT, INC. has agreed to grant a temporary
license over and across the Property in connection with the demolition of the
Sales Center.
NOW THEREFORE, for TEN AND NO/100 ($10.00) DOLLARS and other good and
valuable consideration in hand paid by Tamarac to WATERFORD AT WOODMONT, INC.
the receipt and sufficiency of which is hereby acknowledged, WATERFORD AT
WOODMONT, INC. does hereby agree as follows:
1. WATERFORD AT WOODMONT, INC. does hereby grant to Tamarac the right,
license and privilege to the use of the Property for the purpose of access to
the Sales Center. License shall be applicable if after written request WATERFORD AT
WOODMONT, INC., the Sales Center is not demolished by WATERFORD AT WOODMONT,
INC. within a thirty (30) day period of time after receipt of said request.
2. The license rights given to Tamarac pursuant hereto shall be a
covenant running with the Property and shall follow title in the hands of
WATERFORD AT WOODMONT, INC. and its successors and assigns. The Agreement
shall expire, lapse and be null, void and of no further force and effect at
such time that the Sales Center has been demolished.
IN WITNESS WHEREOF, WATERFORD AT WOODMONT, INC. a Florida Corporation,
has set its hand and seal the day and year first above written.
In the Presence of:
WATERFORD AT WOODMONT, INC. a
Florida corporation,
IV
P/1
Robert oss,
President
STATE OF FLORIDA
COUNTY OF BROWARD
I, THE UNDERSIGNED, an officer duly authorized to take and certify
acknowledgements of instruments in said State and County, hereby certify
that before me came ROBERT ROSS, as President of WATERFORD AT WOODMONT,
INC., a Florida Corporation; that the said person so appearing before me is
the individual and the officer aforementioned of said corporation described
in and who executed the foregoing instrument; and that then and there said
individual as aforesaid officer acknowledged before me that the seal affixed
to said instrument is the corporate seal of said corporation; that his name
officially is by him subscribed thereto; that said instrument was signed,
sealed and delivered by said corporation in the presence of two subscribing
witnesses, pursuant of law, and that the same is the free act and deed of
said corporation.
WITNESS my hand and seal at Fort Lauderdale, County of Broward, State
of Florida, this day of July, 1984.
s�
My commission expires:
1
"EXHIBIT A"
LAND DESCRIPTION:
A PORTION OF PARCEL "A", WOODMONT TRACT 48, ACCORDING TO THE PLAT
THEREOF AS RECORDED IN PLAT BOOK 115, PAGE 23, OF THE PUBLIC RECORDS
OF BROWARD COUNTY, FLORIDA, DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID PARCEL "A", THENCE ALONG
THE EAST BOUNDARY OF SAID PARCEL "A", NORTH 320 00' 00" WEST, 373.91
FEET; THENCE NORTHWESTERLY ALONG THE ARC OF A TANGENT CURVE, CONCAVE
TO THE SOUTHWEST, HAVING A RADIUS OF 200.00 FEET, A CENTRAL ANGLE OF
010 31' 3111, AN ARC DISTANCE OF 5.32 FEET TO THE POINT OF BEGINNING;
THENCE SOUTH 580 00' 00" WEST, 161.43 FEET TO A POINT ON THE ARC OF
A NON -TANGENT CURVE (RADIAL LINE THROUGH SAID POINT BEARS NORTH 77.
46' 27" WEST); THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE,
CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF 167.46 FEET, A CENTRAL
ANGLE OF 430 49' 14", AN ARC DISTANCE OF 128.08 FEET; THENCE NORTH
640 04' 58" WEST, 150.00 FEET; THENCE NORTH 250 55' 02" EAST, 118,84
FEET; THENCE NORTH 03° 38' 38" EAST, 107.19 FEET TO A POINT ON THE
NORTH BOUNDARY OF SAID PARCEL "A"; THENCE ALONG SAID NORTH BOUNDARY,
SOUTH 890 33' 35" EAST, 118.00 FEET; THENCE SOUTHEASTERLY ALONG THE
ARC OF A TANGENT CURVE, CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF
200.00 FEET, A CENTRAL ANGLE OF 56° 02' 04", AN ARC DISTANCE OF
195.60 FEET TO THE POINT OF BEGINNING.
SAID LANDS LYING IN THE CITY OF TAMARAC, BROWARD COUNTY, FLORIDA,
CONTAINING 1.2666 ACRES, MORE OR LESS.
M
SOUTHGA TE BOUL EI APD
LOCATION MAP
N.T.S.
HOLD HARMLESS AGREEMENT
THIS AGREEMENT is made and entered into this 9th day of July,
19849 by Waterford at Woodmont, a Florida corporation (Waterford at
Woodmont) in favor of the City of Tamarac, a municipal corporation.
W I T N E S S E T H:
WHERREAS, Waterford at Woodmont is the owner of certain real property
located and being situate in Broward County, Florida, which property
is described upon the site plan and plat of Woodmont Tract 48, and which
is more particularly described on Exhibit "A" annexed hereto and made a
part hereof (the "Property"), which site plan and plat have been sub-
mitted to and approved by the City of Tamarac; and
WHEREAS, Waterford at Woodmont desires to construct a sales and
information center (the "Sales Center") upon the Property;
WHEREAS, Waterford at Woodmont has agreed to hold the City of
Tamarac harmless of and from any and all liability it may have with respect
to the construction of the Sales Center.
NOW, THEREFORE, in consideration of the premises and the sum of TEN
AND NO/100 ($10.00) DOLLARS AND OTHER GOOD AND VALUABLE CONSTIDERATION
paid by the City of Tamarac to Waterford at Woodmont, the receipt and
sufficiency of which is hereby acknowledged, it is hereby agreed as
follows:
1. The above and foregoing premises are true and the terms
contained therein are hereby incorporated by reference.
2. Waterford at Woodmont hereby agrees to comply with all laws,
ordinances, rules, regulations and orders of the City of Tamarac with
respect to the construction and preservation of the Sales Center, to be
located upon the Property. In connection with the construction, use and
replacement of the Sales Center, Waterford at Woodmont hereby agrees to
indemnify and hold the City of Tamarac harmless of and from any and all
claims of whatsoever kind and nature arising in connection with the same,
which indemnification shall likewise include all insurable risks relating
to fire, claims for injury and damages to personal property or for the
loss of life or property incurring in, on or about the Sales Center.
IN WITNESS WHEREOF, the undersigned has hereunto set its hand and
seal on the day and year first above written.
In the presence of:
WATERFORD AT WOODMONT INC., a
Florida Corporation
By /,4/ ��,/ /o�
Rote r t -M J✓ Ros's
President
"EXHIBIT A"
LAND DESCRIPTION:
A PORTION OF PARCEL "A", WOODMONT TRACT 48, ACCORDING TO THE PLAT
THEREOF AS RECORDED IN PLAT BOOK 115, PAGE 23, OF THE PUBLIC RECORDS
OF BROWARD COUNTY, FLORIDA, DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID PARCEL "A", THENCE ALONG
THE EAST BOUNDARY OF SAID PARCEL "A", NORTH 320 00' 00" WEST, 373.91
FEET; THENCE NORTHWESTERLY ALONG THE ARC OF A TANGENT CURVE, CONCAVE
TO THE SOUTHWEST, HAVING A RADIUS OF 200.00 FEET, A CENTRAL ANGLE OF
010 31' 31", AN ARC DISTANCE OF 5.32 FEET TO THE POINT OF BEGINNING;
THENCE SOUTH 58° 00' 00" WEST, 161.43 FEET TO A POINT ON THE ARC OF
A NON -TANGENT CURVE (RADIAL LINE THROUGH SAID POINT BEARS NORTH 77" r
46' 27" WEST); THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE,
CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF 167.46 FEET, A CENTRAL
ANGLE OF 430 49' 14", AN ARC DISTANCE OF 128.08 FEET; THENCE NORTH
640 04' 58" WEST, 150.00 FEET; THENCE NORTH 259 55' 02" EAST, 118,84
FEET; THENCE NORTH 03° 38' 38" EAST, 107.19 FEET TO A POINT ON THE
NORTH BOUNDARY OF SAID PARCEL "A"; THENCE ALONG SAID NORTH BOUNDARY,
SOUTH 890 33' 35" EAST, 118.00 FEET; THENCE SOUTHEASTERLY ALONG THE
ARC OF A TANGENT CURVE, CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF
200.00 FEET, A CENTRAL ANGLE OF 560 02' 04", AN ARC DISTANCE OF
195.60 FEET TO THE POINT OF BEGINNING. _
SAID LANDS LYING IN THE CITY OF TAMARAC, BROWARD COUNTY, FLORIDA,
CONTAINING 1.2666 ACRES, MORE OR LESS.
A
5OZ1THGA7E eavLEVARD
LOCATION MAP.
N.T.S.
f
IV O FZTI- I 1 " 50'
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CASH BOND AGREEMENT
THIS CASH BOND AGREEMENT made and entered into by and between WATERFORD
AT WOODMONT, LTD., a Florida Corporation, ("WATERFORD"), and the CITY OF TAMARAC,
a Municipal Corporation, ("TAMARAC"), this 18th day of July, 1984.
WITNFSSFTH!
WHEREAS, Waterford is the owner of certain real property located and being
situate in Broward County, Fla., which property is described upon the site plan
and plat of Woodmont Tract 48 and which is more particularly described on "EXHIBIT A"
annexed hereto and made a part hereof ("PROPERTY"); and
WHEREAS, Tamarac having approved the site plan and plat of the Property
has agreed (pending receipt and approval of complete building plans and payment
of all appropriate fees) to issue to Waterford a building permit for the
construction of a sales center upon a portion of the Property which has been
recorded in the Public Records of Broward County, Fla.; and
WHEREAS, Waterford has delivered to Tamarac a License Agreement executed
by Waterford, the owner of fee simple title in and to the Property, wherein and
whereby Tamarac is permitted access to the Property in connection with the
demolition and removal of the sales center; and
WHEREAS, Waterford has agreed to provide to Tamarac a cash bond in the
amount of TWO THOUSAND AND NO/100 ($2,000.00) DOLLARS as security for the
demolition and removal of the sales center.
NOW, THEREFORE, in consideration of the sum of TEN AND NO/100 ($10.00)
DOLLARS and other good and valuable consideration exchanged between the parties,
the respective receipt and sufficiency of which is hereby acknowledged, Waterford
and Tamarac do hereby agree as follows:
1. The above and foregoing premises are true and the terms contained
therein are hereby incorporated by reference.
2. Waterford does hereby agree to pledge to Tamarac the sum of TWO
THOUSAND AND NO/100 ($2,000.00) DOLLARS as security for the
demolition and removal of the sales center. Said sum to be
retained by Tamarac until Waterford has caused the demolition
and removal of the sales center.
In the event of the occurrence of the events set forth above, Tamarac
hereby agrees to return to Waterford the sum of TWO THOUSAND AND NO/100 ($2,000.00)
DOLLARS pledged by virtue of this agreement.
In witness whereof, the parties have hereinto set their hands and seals
this 18th day of July, 1984.
ATTEST:
CITY CLER
WATERFORD AT WOODMONT, LTD.,
a Florida Limited Partnership
By: ADRO-WOODMONT, INC.,
► a Florida Corporation,
its General Partner
Irwin M. Adler, Vice President
(CORPORATE SEAL)
CITY OF TAMARAC
By
By
By
1
2
STATE OF FLORIDA )
COUNTY OF BROWARD )
I, THE UNDERSIGNED, an officer duly authorized to take and
certify acknowledgments of instruments in said State and County,
hereby certify that before me came Irwin M. Adler as Vice
President of Waterford at Woodmont Ltd., a Florida corporation;
that the said person so appearing before me is the individual
and the said officer aforementioned of said corporation
described in and who executed the foregoing instrument; and that
then and there said individual as aforesaid officer acknowledged
before me that the seal affixed to said instrument is the
corporate seal of said corporation; that his name officially is
by him subscribed thereto; that said instrument was signed,
sealed and delivered by said corporation in the presence of two
subscribing witnesses, pursuant to law, and that the same is the
free act and deed of said corporation.
WITNESS my hand and seal at Fort Lauderdale, County of
Broward, Seate of Florida, this 18th day of July, 1984.
4 �-Zzel '
Notary Pub is
8/9/8 7
L: STATE OF FLORIDA )
COUNTY OF BROWARD )
I, THE UNDERSIGNED, an officer duly authorized to take and
certify acknowledgments of instruments in said Stat and
County, hereby certify that before me came ? AeA.
as Mayor of THE CITY OF TAMARAC, a municipal corporation; tha_�C__7_
the said person so appearing before me is the individual afore-
mentioned of said corporation described in and who executed the
foregoing instrument; and that then and there said individual as
aforesaid Mayor acknowledged before me that his name officially
is by him subscribed thereto; that said instrument was signed,
sealed and delivered by said corporation in the presence of two
subscribing witnesses, pursuant to law, and that the same is the
free act and deed of said corporation.
WITNESS my hand and seal at Fort Lauderdale, County of
Broward, State of Florida, this�18t day of July, 1984.
R,QTARY PUBLIC STATE OF fLORIDA
PT CONAIS.IGK EXP. AFR 21,1988
6 UiQ THRU GEk:AAL 146. UND.
"EXHIBIT A"
LAND DESCRIPTION:
A PORTION OF PARCEL "A", WOODMONT TRACT 48, ACCORDING TO THE PLAT
THEREOF AS RECORDED IN PLAT BOOK 115, PAGE 23, OF THE PUBLIC RECORDS
OF BROWARD COUNTY, FLORIDA, DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID PARCEL "A", THENCE ALONG
THE EAST BOUNDARY OF SAID PARCEL "A", NORTH 32° 00' 00" WEST, 373.91
FEET; THENCE NORTHWESTERLY ALONG THE ARC OF A TANGENT CURVE, CONCAVE
TO THE SOUTHWEST, HAVING A RADIUS OF 200.00 FEET, A CENTRAL ANGLE OF
01° 31' 31", AN ARC DISTANCE OF 5.32 FEET TO THE POINT OF BEGINNING;
THENCE SOUTH 580 00' 00" WEST, 161.43 FEET TO A POINT ON THE ARC OF
A NON -TANGENT CURVE (RADIAL LINE THROUGH SAID POINT BEARS NORTH 776
46' 27" WEST); THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE,
CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF 167.46 FEET, A CENTRAL
ANGLE OF 43° 49' 14", AN ARC DISTANCE OF 128.06 FEET; THENCE NORTH
64° 04' 58" WEST, 150.00 FEET; THENCE NORTH 250 55' 02" EAST, 118,84
FEET; THENCE NORTH 030 38' 38" EAST, 107.19 FEET TO A POINT ON THE
NORTH BOUNDARY OF SAID PARCEL "A"; THENCE ALONG SAID NORTH BOUNDARY,
SOUTH 890 33' 35" EAST, 118.00 FEET; THENCE SOUTHEASTERLY ALONG THE
ARC OF A TANGENT CURVE, CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF
200.00 FEET, A CENTRAL ANGLE OF 56° 02' 04", AN ARC DISTANCE OF
195.60 FEET TO THE POINT OF BEGINNING.
SAID LANDS LYING IN THE CITY OF TAMARAC, BROWARD COUNTY, FLORIDA,
CONTAINING 1.2666 ACRES, MORE OR LESS.
5041THGA7E BOC/LEI/ARD
od o
LOCATION MAP .
.N.T.S.
ey.
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