HomeMy WebLinkAboutCity of Tamarac Resolution R-93-1183
2
3
1
5
b
1
Temp. Reso. #� f (V
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-93--��
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TAMARAC, FLORIDA AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO EXECUTE THE
REVOCABLE LICENSE AGREEMENT WITH BROWARD
COUNTY, FLORIDA FOR MEDIAN IMPROVEMENTS ON NOB
HILL ROAD FROM MCNAB ROAD TO NORTHWEST 80TH
STREET; PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
ATE
WHEREAS, the City Council of the City of Tamarac, Florid2
deems it to be in the best interests of the citizens and residentE
of the City of Tamarac to authorize the appropriate City Official
to execute a Revocable License Agreement with Broward County
Florida for median improvements on Nob Hill Road from MCNab Roa
to Northwest 80th Street.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF TH
CITY OF TAMARAC, FLORIDA:
SECTION 1: That the foregoing "WHEREAS" clause is hereb
ratified and confirmed as being true and correct and is hereb
made a specific part of this Resolution.
SECTION 2: That the appropriate City Officials are hereb
authorized to execute said Revocable License Agreement wit
Broward County for median improvements on Nob Hill Road from McNat
Road to Northwest 108th Avenue.
SECTION 3: All resolutions or parts of resolutions i
conflict herewith are hereby repealed to the extent of su h
conflict.
SECTION 4: If any clause, section, other part r
application of this Resolution is held by any court of competeIr
t
jurisdiction to be unconstitutional or invalid, in part
application, it shall not affect the validity of the remaini g
portions or applications of this Resolution.
2
Temp. Reso. # �:5 40
SECTION 5 This Resolution shall become effectiv
immediately upon its passage and adoption.
PASSED, ADOPTED AND APPROVED thisp ay OfAq?fe-� 1993.
ATTEST:
7
CAROL A. EVANS
CITY CLERK
MAYOR
I HEREBY CERTIFY that I DIST 1•
have approved this DIST.2.
U711-/
TION as to form.
DIST. 3;
DIST. 4;
MITCHE S. K FT
CITY AT ,aty
REVOCABLE LICENSE AGREEMENT -NOB HILL RD/rkt
H.L. BENDER
MAYOR
RECORD OF
•
(c,-� 3- 11 Y
C 19W city or Tamarac
THIS IS AN AGREEMENT made and entered into by and between: BROWARD
COUNTY, a political subdivision of the State of Florida, hereinafter referred to as the
"COUNTY",
/aIl�lr7
THE CITY OF TAMARAC, its successors and assigns, hereinafter referred to as
the "LICENSEE".
WHEREAS, BROWARD COUNTY has agreed to permit THE CITY OF
TAMARAC, temporary use of a portion of said unimproved right-of-way as described in
Exhibit "B" attached hereto and incorporated herein (the" Property") for:
Additional landscaping and irrigation in excess of that required by Chapter 39,
Broward County Code of Ordinances, or applicable municipal minimum
landscaping requirements or as a condition of any special exception or variance.
�L -5 3-1 J 9 -
Ix ] Other (explain) landscaping and installation of
medians on Nob Hill Road from McNab Road to
Northwest 80th Street
WHEREAS, the parties have agreed to enter into a Revocable
License Agreement in relation to the use of said easement as set
out below; NOW, THEREFORE,
IN CONSIDERATION of the mutual terms, conditions, promises,
and covenants hereinafter set forth, COUNTY and LICENSEE agree as
follows:
1. The above recitals are true and are incorporated in this
Agreement.
County hereby grants to LICENSEE the revocable right, license
and privilege of occupying the Property, a legal description
of which is described in Exhibit "H".
The term of this License shall run until such time as the
COUNTY notifies LICENSEE to cease using said Property. Notice
shall be sent in writing, in accordance with paragraph 17
herein thirty (30) days prior to termination.
a. 1ON-
No payment shall be made by the LICENSEE for the privileges
granted herein.
5. USE OF PREMISESg;
LICENSEE shall use and occupy the Property only for the
purpose(s) designated above. The property shall not be used
for any other purpose whatsoever without written amendment of
this Agreement. LICENSEE covenants that it will not, without
written consent of the COUNTY, permit the Property to be used
or occupied by any person, firm, entity or corporation other
than LICENSEE and its agents. LICENSEE further covenants that
no nuisance or hazardous trade or occupation shall be
permitted or carried on, in or upon said Property. No act
shall be permitted and nothing shall be kept in or about said
Property that will increase the risk or any hazard, fire or
CAFf254
07/29/93
-2-
I
C1
catastrophe, and no waste shall be permitted or committed upon
or any damage done to said Property. LICENSEE shall not
permit the licensed Property to be used or occupied in any
manner which will violate any laws or regulations of any
governmental agency.
LICENSEE shall have no authority to assign any of its rights
under this Agreement during any tarn of this Revocable License
Agreement without a written amendment to this Agreement.
Should LICENSEE attempt to assign this License, then the
License shall be terminated forthwith, without prior notice to
LICENSEE.
The LICENSEE shall not by its use or occupancy cause damage to
• the Property.
LICENSEE agrees that all personal property placed upon the
licensed Property shall remain the property of LICENSEE, and
shall be placed upon the Property at the risk of LICENSEE.
LICENSEE shall give the COUNTY, or its agent, prompt written
notice by registered or certified mail of any occurrence,
incident or accident occurring on the licensed Property.
(a) The LICENSEE shall Submit plans for the installation of
landscaping and irrigation to the Broward County
Engineering Division at least thirty (30)-days before
installation and shall not install the landscaping and
irrigation until written approval is obtained from the
Broward County Engineering Division.
(b) The LICENSEE shall notify the Broward County Engineering
Division within five (5) days after installation. The
Broward County Engineering Division may require LICENSEE
to reinstall or remove the landscaping and irrigation if
the improvements do not comply with the approved plans.
(c) The COUNTY, its agents, or authorized employees may enter
upon said Property at all reasonable times and hours, to
examine• some to determine if LICENSEE is properly
maintaining the Property pursuant to the terms and
conditions of this Revocable License Agreement.
ChF/254
07/29/93 -3-
0
"5 ) /Y
9• ' Nothing contained herein shall serv!��e
1. .t or abridge any
limitations of liability or sovereign immunity available icensee by Iaw.
ICENSEE shall indemnify, defend and hold harmles COUNTY,
i officers, agents and employees from and ainot any and
all laims, suit actions, damages, liabil es, expenditures,
or ca es of action of any kind arise from this Revocable
License regiment and resulting or a uing from any Negligent
act, omiss n or error of LICENS , resulting in or relating
to, injuries a body,.life, 1 , or property sustained in,
about or upon licensed arty or improvement thereto, or
arising from the of t Property.
10.
LICENSEE shall defers its sole cost and expense, any legal
action, claim or ppoceedi instituted by any person against
the COUNTY as a suit of an lain, suit or cause of action
accruing duri or in any way a ing out of this Revocable
License Agr ent, for injuries body, lifef limb or
property sot forth above.
Le
shall save the COUNTY harmless from d against all
js, orders, decrees, attors►ey's fees, vets, and
eand liabilities incurred in and about any h claim
ition or defense thereof, which may be a ered,
ior assessed as a result ofthe foregoing.
thout limiting any of the other obligations or liabilities
o LICENSES, LICENSEE shall provide, pay for and main n in
for the insurance coverages set forth in this s ion, at
all men for the services to be performed nder this
Revocab License Agreement, as will assure COUNTY the
protectio contained in the foregoing ndemnification
Provision u ertaken by the LICENSEE.
Comprehensive neral Liability w minimum limits of
do rs 0 ) per
occurrence comb ned qle limit or Bodily in ury L ability
and Property Damage Lia lity Coverage must be afforded on
a form no more restricti an the latest edition of the
Comprehensive General L ii policy, without restrictive
endorsements, as file y the uranae Services Office and
must include:
A. Premises d/or Operations.
B. CO is to be included as an ' dditional
scared" with respect to ;liability arising ut of
operations performed for COUNTY by or on beha of
LICENSEE or acts or omissions of COUNTY in connection
with general supervision of such operation.
CAPI02s4
07/29/93 -4-
0
v
C.. Notice of Cancellation and/or Restri n - The
policy(1e8) must be endorsed to prow ROWARD COUNTY
irty (30) days notice cancellation and/or
restrict
LICENSEE shall provide a certified copy of all
insurance policies quired by th a aph showing that
COUNTY has bee amed -as an additional d under such
policies or the alternative a certificate evi that
the re ed additional endorsement has been obtained er
such licies at the time of execution of this Revocable
onus Agreement by LICENSEE.
11.
It shall be the responsibility of LICENSEE to keep the
licensed Property clean, sanitary and free from#trash and
debris. The upkeep and maintenance of all areas herein
licensed by COUNTY to LICENSEE shall be borne by LICENSEE, and
LICENSEE agrees to maintain the licensed Property in
accordance with the terms and conditions of this Revocable
License Agreement and consistent with prudent and well -
reasoned maintenance procedures and techniques. If this
Agreement is for the use of the Property for landscaping,
LICENSEE specifically agrees to install and maintain such
landscaping in a manner that will not pose a hazard to persons
or vehicles on adjacent property or the improved right-of-way.
12. SECURITY: (Check one)
LICENSEE is obligated to maintain with BROWARD COUNTY
adequate security in the form of a cash bond, surety
bond, or letter of credit in the amount of $
to ensure the repair and maintenance of the
Property during the term of this Agreement and to ensure
restoration of the Property following termination.
[-A] There is no obligation for security as a condition for
granting this Revocable License Agreement.
13. AMMMENTSz
No modification, amendment or alteration of the terms or
conditions contained herein shall be effective unless
contained in a written document executed by the parties
• hereto, with the same formality and of equal dignity herewith.
CAF#254
07/29/93 -5
i
17.
LICENSEE shall peaceably surrender and deliver the licensed
Property to the COUNTY, or its agents immediately upon
expiration of the Revocable License term.
LICENSEE shall remove from the licensed Property, at
LICENSRE9$ own expense, anything placed thereon unless the
COUNTY, in writing, authorizes LICENSEE to leave any
landscaping or improvements on the licensed Property. The
COUNTY shall have no obligation to move, reinstall, replace,
or in any way compensate LICENSEE for any loss resulting from
or arising out of the termination of this Agreement,- the
requirement to remove improvements or landscaping, or the
removal of the same by the COUNTY upon failure of the LICENSEE
to restore the Property. The LICENSEE agrees to return the
Property to safe condition following removal of any
improvements or landscaping. LICENSEE shall be obligated to
repair or pay for any damage to COUNTY property resulting from
the removal of landscaping or improvements.
Failure of the COUNTY to insist upon strict performance of
Revocable License Agreement, or to exercise any right herein
contained,, shall not be construed as a waiver or
relinquishment for the future of any such covenant, condition
or right; but the same shall remain in full force and effect.
None of the conditions, covenants or provisions of this
Revocable License Agreement shall be waived or modified except
by the parties hereto in writing.
This Revocable License Agreement may be canceled with or
without cause at any time during the term thereof by either
party upon thirty (30) days written notice to the other of its
desire to terminate this Revocable License Agreement. It is
expressly understood by the parties that LICENSEE is receiving
from COUNTY a Revocable License which may be terminated at any
time by COUNTY.
Whenever either party desires or is required to give notice to
the other, it must be given by written notice and sent by
certified or registered mail, return receipt requested, sent
to the other party at the address set forth below, or to such
otter address as such party may from time to time designate by
notice.
C"0254
07/29/93 -6-
•
Notice to the COUNTY shall be adOressed to:
County Administrator
Governmental Center, Room 409
115 South Andrews Avenue
Port Lauderdale, FL 33301
Notice to the LICENSEE shall be addressed to:
City Manager
City of Tamarac
V i _i ..i -Y
7525 N.W. 88th Avenue
Tamarac Florida 33321
7
y
• This Revocable License Agreement embodies the entire agreement
between the parties. It may not be Modified or terminated
except as provided herein. If any provision herein is
invalid, it shall be considered deleted herefrom, and shall
not invalidate the remaining provisions.
LICENSEE shall observe all laws and ordinances of the COUNTY,
State and Federal agencies directly relating to the operation
of the Property.
This Revocable License Agreement shall be executed in two (2)
original copies, each copy of which, bearing original
signatures, is to have the force and effect of an original
document.
This Revocable License Agreement shall be recorded in the
Public Records of Broward County, Florida. upon termination
of this Agreement, a document of equal dignity to this
document shall be executed And recorded by COUNTY.
IN WITNESS WHEREOF, the parties have made and executed this
Agreement on the respective dates under each signature: BROWARD
COUNTY through its BOARD OF COUNTY COMMISSIONERS, signing by and
through its Chair or Vice Chair, authorized to execute same by
Board action on the day of , 19 , and
CKF#254
� 07/29/93 -7-
signing by and through its
duly author zed to execute same.
COUNTY
ATTEST: BROWARD COUNTY, through its
BOARD OF COUNTY COMMISSIONERS
County A inistrator and By
Ex�-Officio Clerk of the , chairman
Board of county Commissioners
of Broward County, Florida
day of , 19
3
Approved as to form by
Office of County Attorney
Broward County, Florida
JOHN J. COPELAN, JR., County Attorney
Governmental Center, Suite 423
115 South Andrews Avenue
Fort Lauderdale, Florida 33301
Telephone: (305) 357--7600
Telecopier: (305) 357-7641
By
Assistant County Attorney
ChY#2 54
•� 07/29/93 '"8"'
0
E
PI CIF"
IN WITNESS WHEREOF, the parties hereto have caused these presents to be
executed on the day and year indicated below:
CITY OF T
BY:
//'.' . —
.L.
ATTES nder, Mayor
BY:
Dina M. McDermott Cl rv$�
City Manager Date:
ATTEST: `
BY: DAL
Patricia Marcurio Dina M. McDermott, Acting CityiManager
ActingCity Clerk Date: rr
CITY OF TAMARAC BY: / j v
APPROVED AT MEETING OF -c�a - -6 Mitchell S. Kraft
City Attorney
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 H.L. Bender, Mayor and John P. Kelly, City Manager, to me known to be the
persons described in and who executed the foregoing instrument and they acknowledged
before me that they executed the same.
WITNESS my hand and official seal this day of
1993.
NOTARY PUBLIC, State of Florida at
Large
FLM (W W000
W OOMIMIS8M / CC M140
(Name of Notary• . "=lrl►
dnmrms
Type as Commis—si-o—neUT
( Personally known to me, or
( ) Produced identification
DID take an oath, or (
Type of I.D. Produced
) DID NOT take an oath.
r-1
L..J
Pe 379
NELDON "�
. R. )
19
ION MAP
ALE
ad
I
InN
w
cc
cr-
CL
x
M
w
T
N
H
N
OD
a
o
a
c�
3
a
�
v)
z
LENNAR HODS: LANDSCAPE IMPROVEMENTS
NOB HILL, ROAD FROM MCNAB
TO N.W. 108th AVENUE
(N.W. 80th STREET)
SOUTHGATE BLVD.
a
N
8or �ti•� e/s
ST � r / 3• ��� r.
f Q► 'r
�W`?/ST 0-;
0
WEST W4
MUNAB RD.
SCOPE OF
PROJECT
ICATE
C�
Exhibit "B" is a
and is too large
Clerk's office
Avenue, Tamarac,
0
/,( -`,�-i/Z
EXHIBIT "B"
plan entitled "Nob Hill Road Planting Plan"
to attach. This plan is located in the City
located in Tamarac City Hall, 7525 NW 88
Florida 33321.
0
/I I �'- 8 �
CITY OF TAMARAC
7525 Northwest 88 Avenue
Tamarac, Florida 33321-2401
September 28, 1993
Ms. Maite Azcoitia
Assistant County Attorney
Broward County
115 S. Andrews Avenue
Suite 423
Fort Lauderdale, Florida 33301
Phone (305) 722-5900
Fax (305) 722-4509
Subject: Revocable License Agreement for Median Improvements
on Nob Hill Road from McNab Road to Northwest 80
Street
Dear Ms. Azcoitia:
Please find enclosed one (1) original of the subject agree-
ment and one (1) certified copy of City of Tamarac Resolution
No. R-93-118 as passed by City Council at the meeting of
September 22, 1993.
Once fully executed, please send us a copy for our files.
Thank you for your assistance.
Very truly yours,
-(Spm a .
Patricia Marcurio
Acting City Clerk
/ew
Enclosures
r
THE CITY OF TAMARAC IS AN EQUAL OPPORTUNITY EMPLOYER AND DOES NOT DISCRIMINATE ON THE BASIS OF HANDICAPPED STATUS