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Home My WebLink AboutCity of Tamarac Resolution R-81-246I 2 3 n 9 10 11 3.2 3.3 14 3.5 26 , I 7 191 20 21 22 23 24 251 26 27 28 29 30 32 33 k9l 35 36 Introduced by: &W !/ Aa.,.®C-�?.A Temp. #2083 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R- A RESOLUTION ACKNOWLEDGING A DECLARATION OF INTENT TO CONSTRUCT -PRIVATE STREETS AND ACCEPTING AN IRREVOCABLE OPTION TO PURCHASE PRIVATE STREETS IN THE ASHMONT DEVELOPMENT TRACTS 17 AND 18, LAND SECTION 6 TOWNSHIP 49 SOUTH, RANGE 41, EAST PURSUANT TO STIPULATION NO. 9. CASE NO. 72-11731. Be It Resolved By The Council of The City of Tamarac, Florida. Section 1: That the Declaration of Intent to construct and maintain private streets by F & R Builders, Inc. upon the land area known as Ashmont pursuant to Stipulation No. 9 of Case No. 72-11731 is hereby acknowledged. Section 2: That the Irrevocable Option dated October 22, 1981 to purchase the private streets offered by F & R Builders, Inc. constructed in the Ashmont project is hereby accepted and may be exercised by the City anytime prior to its expiration. Section 3: That the City Clerk is hereby authorized to record said Declaration and Irrevocable Option in the Public Records of Broward County, Florida. Section 4: This Resolution shall become effective immediately upon its adoption. PASSED ADOPTED AND APPROVED this day of ,19ty. ATTEST: CITY CLERK I HEREBY CERTIFY THAT I have approved the form and correctness of this RESOLUTION. CITY ATTORNEY RECORD OF COUNCIL VOTE MAYOR: -- DISTRICT 1: DISTRICT 2: DISTRICT 3: DISTRICT 4: DECLARATION SO• 1 1 This Declaration is made this �`�A"kday of October, 1981 by F&R Builders, Inc., a Florida corporation, its successors and assigns (the "Declarant"). W I T N E S S E T H: A. F&R and the City of Tamarac ("City") entered into an agreement known as Stipulation No. 9 dated July 7, 1981 (the "Stipulation") which clarified and modified the rights and obligations of F&R and the City with respect to the development of certain real property located in the City, Broward County, Florida. B. Declarant is the owner of the real property known as Tracts 17 and 18 located in a portion of Section 6, Township 49 South, Range 41 East, Broward County, (the "Tracts") more particularly described on Exhibit A attached hereto. C. Declarant intends to construct certain improvements on the Tracts consisting of condominium units and recreational and other commonly used facilities and hereby declares that the condominium units shall be held, sold, conveyed, encumbered, leased, used, occupied and improved subject to the following terms and conditions. D. The Stipulation provides for, among other things, the right of Declarant to construct private streets on the'Tracts where shown as "Private Ingress -Egress" on the proposed Plat of Ashmont dated July, 1981 and prepared by Daniel L. Carnahan of Daniel Carnahan Consulting Engineers, Inc. (the "Plat"). E. Declarant makes this Declaration in accordance with the terms and provisions of the Stipulation. NOW, THEREFORE, in consideration of the premises, and such other good and valuable consideration Declarant agrees as follows: 1. Condominium associations or homeowners associations, or both (the "Associations") shall be required to maintain the private streets for as long as they remain private streets. Associations shall mean and include the entity or entities responsible for the maintenance, management, operation and administration of the condominiums and common areas to be located on the Plat. 71{{S INSTRUM M PREPARED BY: Robert M. Haber, Eeq. 9555 Noth Drive Miami, flotWs 33176 2. All private streets shall be open to all City vehicles, all emergency vehicles and all City personnel at all times. City police are authorized to have free access at all times to enforce all existing laws, ordinances and motor vehicle regulations on all private streets. If any City vehicle is damaged by breakaway gat -es, if any, which may be constructed by Declarant or the Associations, the Associations shall relieve the City of any liability for any damage which may occur by reason thereof. 3. The City and/or County and any governmental agency within the City and County governments shall be relieved of any liability for any injury which may occur as a result of the street being a private street. The Associations shall be obligated to hold the City and County harmless for all attorneys, fees occurred; provided, however, the obligation of the Associations shall not extend to the negligence of the City or County or their agents,servants or employees. 4. Street lights shall be erected in accordance with City standards. The members of the Associations, the unit owners within the area served by private streets, shall be responsible for payment of the street lights and electricity and maintenance thereof as long as the streets remain private, through the Associations. If the Citv exercises its option to purchase any or all of the private streets, FP&L shall review the adequacy of the street lights to determine whether same satisfy its standards. In the event FP&L determines the street lights do not satisfy its standards and require modification, then the affected Associations shall have the option to cause the requested modifications to be made at their own expense and, if modification is made at no cost to the City, the City shall then be responsible for the payment of the street lights and electricity and maintenance thereof. In the event the affected Associations elect not to cause the requested modifications to the street lights to be made then, and in such event, the affected Associations shall be and remain responsible for payments of the street lights, and electricity, and maintenance thereof, as herein provided above. -2- I 5. Maintenance of each guardhouse shall be specifically provided for in the condominium and homeowners association documents. 6. There shall be no parking of any type of motor vehicle on any private street or direct backing out onto private streets approved and constructed on residential property described in Exhibit A, except for fee simple housing. Except as provided above, all condominium and homeowners association documents shall contain a specific prohibition against parking of any type of motor vehicle ofi any private streets or direct backing out onto private streets and said provisions shall be written so that it can be amended only upon the unanimous consent of all unit owners. IN WITNESS WHEREOF, the Declarant has executed this ir*trument the day and year first above written. Signed, -'sealed and delivered in "resenc / i STATE OF FLORIDA COUNTY OF DADE F&R BUII�DE By ViceL-President The foregoing instrument was acknowledged before me this 22nd day of October, 1981 by Allan J. Pekor as Vice President of F&R Builders, Inc., a Florida corporation, on behalf of the corporation. 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A14, �'r d�Sfvnu�' //79.59 5c%d/orrds si/emote, 14 W'2 0/hci�0 i�J fhc 611v40f i�i;croc 6enl"o1d O/JOC'0171`n COVnff/, SAL ' i; j.• i 1 i i trjo� fjoA lilt rr ` p• 8" ''o �aQ •RIM�P�r N08�,fO•G / �L��d� � �.� • ByQ^8> �► 32"26 �� ,fer�'rt p M �.� :� to of a;� �tio �� •� Sad ti • 8A Nit '` OF • 2� y m QICY i< wsi W ro�Jt ae ` In ell �01 1 J O W pp � � I IRREVOCABLE OPTION For good and valuable consideration, the receipt and adequacy of which is acknowledged, F&R Builders, Inc., gives and grants to the City of Tamarac for a period of fifty (50) years from the date the Plat of Ashmont is recorded among the Public Records of Broward County, Florida, an option to purchase for One Dollar ($1.00) any or all private streets to be located on the real property described on Exhibit A attached hereto. IN WITNESS WHEREOF, the undersigned has executed this instrument the 22nd day of October, 1981. Signed, sealed and delivered in the/prese0 c Y"'� -� STATE OF FLORIDA COUNTY OF DADE F&R BUILDERS, INC. By — The foregoing instrument was acknowledged before me this 22nd day of October, 1981 by Allan J. Pekor as Vice President of F&R Builders, Inc., a Florida corporation, on behalf of the corporation. THIS INSTRUMENT PREPARED BY: Robert M. Haber. Esq: 9555 North Kendall Drive Miaml, Florida 33176 Notary Publi-f State ofrFlorida at Large My commission expires: NOTARY PU6L1C STATE OF FLORIDA AT LARGE MY COM41:53ION E:\PiL`S 7 1934 BONDED, iHnD QL;,'W1