HomeMy WebLinkAboutCity of Tamarac Resolution R-93-015Temp. Reso. # 6433
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-93-�
A RESOLUTION AUTHORIZING THE APPROPRIATE
CITY OFFICIALS TO EXECUTE A REVOCABLE
LICENSE AGREEMENT WITH BROWARD COUNTY TO
ALLOW THE INSTALLATION OF FIVE (5) CITY
ENTRANCE SIGNS IN THE COUNTY ROAD RIGHT-
OF-WAY ON PINE ISLAND ROAD (2), NOB HILL
ROAD (2) AND MCNAB ROAD (1); AND PROVIDING
AN EFFECTIVE DATE.
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TAMARAC, FLORIDA:
SECTION 1: That the appropriate City officials are
hereby authorized to execute a Revocable License Agreement with
Broward County to allow the installation of five (5) City
entrance signs in County road Right -of -Way on Pine Island Road
(2), Nob Hill Road (2) and McNab Road (1), a copy of said
agreement being attached hereto as "Exhibit 1".
SECTION 2: This resolution shall become effective
immediately upon adoption.
PASSED, ADOPTED AND APPROVED thisR'A day of Vtlt r ,1993.
ATTEST:
CAROL A. EVANS
CITY CLERK
I HEREBY CERTIFY that I have
approved this Resolution as
to form.
WAELL S . KRA
CITY ATTORNEY
H./L. BENDER
MAYOR
RECORD Of COUNCIL
MAYOR.- BENDFR
DISTRICT 1:.QLM_K6TZ
DISTRICT 2:
DISTRICT 3: __QM aQH.j31EjQC
DISTRICT d: C/M ARRAMCW1
REVOCABLE LICENSE AGREEMENT
WHEREAS, the Board
Florida approved, subject
of County Commissioners
to staff recommendations,
Plat on
of Broward County,
the
, 19 ; an
WHEREAS, , is the owner of
property within t o Plat which property s escr a n Exhibit "A" attached
hereto and incorporated herein; and
WHEREAS, the Plat shows a
of Tee—f-T—orfuture construction
(dedication, easement
or expansion of
and
WHEREAS, Broward County has agreed to permit
5 CITY ENTRANCE SIGNS , temporary use of a portion of said unimproved right-
of-way as descriffied in Exhibit "B" attached hereto and incorporated
herein (Property) for: (check one) ON PLANS ENTITLED "CITY OF TAMARAC
CITY ENTRANCE SIGNS"
( ) Overflow parking in excess of the minimum off-street parking
required by Chapter 39, Broward County Code of Ordinances, or the
applicable municipal minimum off-street parking requirements.
(x) A sign that is permitted under applicable sign ordinances and
laws.
( ) Additional landscaping 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.
(x ) Other (explain) I- 5700 PINE ISLAND ROAD; 2. 5700 Nos
HILL ROAD; 3. 8200 PINE ISLAND ROAD; 4. 8200 NOB
HILL ROAD; 5. 6600 MCNAB ROAD
WHEREAS, the parties have agreed to enter into a Revocable License
Agreement in relation to the use of said easement as set out below.
THIS AGREEMENT is between BROWARD COUNTY, a political subdivi-
sion of the State of Florida, hereinafter referred to as the "COUNTY,"
AND
CITY OF TAMARAC, FLORIDA
referred to as t e hereinafter
* I. The above recitals are true and are incorporated in this Agreement.
2. -DESCRIPTION OF PREMISES:
County hereby grants to LICENSEE, the revocable right, license and
privilege of occupying the Property, a legal description of which is
described in Exhibit "B" THE BROWARD COUNTY ROAD RIGHT—OF—WAY
OF PINE ISLAND ROAD, NOB HILL ROAD AND MCNAB ROAD.
(.93)s
3. TERM:
The term of this
notifies LICENSEE
in writing, thirty
4. COMPENSATION:
License shall run until such time as the COUNTY
to cease using said Property. Notice shall be sent
(30) days prior to termination.
No payment shall be made by the LICENSEE for the privileges granted
herein.
5. USE OF PREMISES:
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 of any hazard, fire or
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.
• 6. ASSIGNMENT:
LICENSEE shall have mo authority to assign any of its rights under
this Agreement during any term 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.
7. DAMAGE TO PREMISES:
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 certified mail of any
occurrence, incident or accident occurring on the licensed Property.
$. INSPECTIONS:
(a) The LICENSEE shall submit plans for the installation of the
5 CITY ENTRANCE SIGNS to the Broward County Engineering
iv sion it east 19 ays before installation and shall not
install the EIGNS until written approval is
obtained from t e Broward CouRy EngiiFeering Division.
(b) The LICENSEE shall notify the 8roward County Engineering
Division within five days after installation. The Broward County
Engineering Division may require LICENSEE to reinstall or remove
the SIGNS if the improvements do not comply
with the approved pans.
(c) The COUNTY, its agents, or authorized employee Imay enter upon
said Property at all reasonable times and hours, to examine same
W41
to determine if LICENSEE is properly maintaining the Property
according to this Revocable License Agreement.
9. INDEMNIFICATION:
LICENSEE shall indemnify, defend and hold harmless the COUNTY, its
officers, agents and employees from and against any and all claims,
suit actions, damages, liabilities, expenditures, or causes of action
of any kind arising from this Revocable License Agreement and
resulting or accruing from any negligent act, omission or error of
LICENSEE, resulting in or relating to, injuries to body, life, limb,
or property sustained in, about or upon the licensed Property or
improvement thereto, or arising from the use of the Property.
LICENSEE shall defend, at its sole cost and expense, any legal action,
claim or proceeding instituted by any person against the COUNTY as a
result of any claim, suit or cause of action accruing during or in any
way arising out of this Revocable License Agreement, for injuries to
body, life, limb or property as set forth above.
LICENSEE shall save the COUNTY harmless from and against all
Judgements, orders, decrees, attorney's fees, costs, and expenses and
liabilities incurred in and about any such claim investigation or
defense thereof, which may be entered, incurred or assessed as a
result of the foregoi
Nothi� contained ereii� 'n n w� 1 mi the fit ' sov rei n
MMIM toorFiny � a � t2 itiig Ya ility Inc u ing �ut 'ot
10. INSURANCE: S
Without limiting any of the other obligations or liabilities of
LICENSEE, LICENSEE shall provide, pay for and maintain in force the
• insurance coverages set .:forth in .this section, at ,all times for the
services to be -performed under this Revocable License -Agreement, as
will assure the COUNTY the protection contained in the foregoing
indemnification Provision undertaken by the LICENSEE.
Comprehensive General Liability with minimum limits of five hundred
thousand dollars ($500,000.o0) per occurrence combined single limit
for Bodily Injury Liability and Property Damage Liability. Coverage
must be afforded on a form no more restrictive than the latest edition
of the Comprehensive General Liability policy, without restrictive
endorsements, as filed by the Insurance Services Office and must
include:
A. Premises and/or Operations.
B. COUNTY is to be included as an "Additional Insured" with
respect to liability arising out of operations performed for
COUNTY by or on behalf of LICENSEE or acts or omissions of
COUNTY in connection with general supervision of such
operation.
C. Notice of Cancellation and/or Restriction - The policy(ies) must
be endorsed to provide Broward County with thirty (30) days
notice of cancellation and/or restriction.
• LICENSEE shall provide to COUNTY a certified copy of all insurance
Policies required by this Article showing that COUNTY has been named
as an additional insured under such policies or in the alternative a
certificate evidencing that the required additional endorsement has
been obtained under such policies at the time of execution of this
Revocable License Agreement by LICENSEE.
11. MAINTENANCE AND REPAIR OF LICENSED PREMISES:
It shall be the responsibility of LICENSEE to keep the licensed
Property clean, sanitary and free from trash and debris. The upkeep
-3-
( _� 3-) �-
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 a Property during the term of this
Agreement and to ensure restoration of the Property following
termination.
W There is no obligation for security as a condition for granting
this Revocable License Agreement.
13. AMENDMENTS:
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.
0 14. SURRENDER UPON TERMINATION:
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 LICENSEE'S 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
a 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.
15. WAIVER:
Failure of the COUNTY to insist upon strict performance of any cove-
nant or condition of this Revocable License, 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; cove-
nants or provisions of this Revocable License Agreement shall be
waived or modified except by the parties hereto in writing.
16. TERMINATION:
This Revocable License Agreement may be cancelled 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
-4-
Q-S3-iI--,'
0 17.
• 18.
19.
20.
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.
NOTICES:
Any notice or demand, which under the terms of this Revocable
License Agreement or by any statute or ordinance, given or made by a
party hereto shall be in writing and shall be given by certified or
registered mail sent to the other party at the address set forth
below, or to such other address as such party may from time to time
designate by notice.
Notice to the COUNTY shall be addressed to:
County Administrator
Governmental Center, Room 409
115 South Andrews Avenue
Fort Lauderdale, Florida 33301
Notice to the LICENSEE shall be addressed to:
City Manager
City of Tamarac.
7525 N.W. 88 Avenue
Tamarac, FL 33321
:ENTIRE AGREEMENT:
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.
LAWS AND ORDINANCES:
LICENSEE shall observe all laws and ordinances of the COUNTY, State
and Federal agencies directly relating to the operation of the
Property.
COPIES OF REVOCABLE LICENSE AGREEMENT:
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.
21. RECORDATION OF AGREEMENT:
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.
22. ATTORNEY'S FEES:
If Broward County should prevail in an action for damages or
equitable relief in an action based upon or arising out of this
Agreement it shall be entitled to attorney's fees and costs.
-5-
/_ 53-1 �'
IN WITNESS WHEREOF, the parties hereto have made and executed
this Revocable License Agreement on the respective dates under each
• signature: BROWARD COUNTY through its BOARD OF COUNTY COMMIS-
SIONERS, signing by and through its Chair, authorized to execute same by
t Board action on the day of 19 and
t ,
signing by and
through its duly authorized to execute same.
ATTEST:
COUNTY
BROWARD COUNTY, through its
BOARD OF COUNTY COMMISSIONERS
County Aaministrator an x-
Officio Clerk of the Board of By
County Commissioners of Chair
Broward County, Florida
day of , 19
STATE DF FlORIDA )
COUNTY OF SS.
BEFORE ME personally appeared
known to me to be the person described in and who executed the foregoing
instrument and acknowledged to and before me that executed same
for the purposes herein expressed.
19 WITNESS my hand and official seal, this . day of ,
My commission expires:
Notary Public
Approved as to form
Office of County Attorney
for 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
By
Assistant ounty Attorney
-6-
TEST:
1
BY:
John P. Kelly,
City Manager Acl)n
REVOCABLE LICENSE AGREEMENT
LICENSEE
ACCEPTED BY CITY OF TAMARAC-
_By. qt
H.. Bqfider,
Mayor
Date: ^� 4
ATTEST:
BYBy:
arol A. Evans, John P. Kelly,
City Clerk City Manager1t(l�
Date: 2
STATE OF FLORIDA
�*9
OUNTY OF
Ap ve as to fo
Y:
'M tc ell S . Kra t,
City Attorney
I HEREBY CERTIFY that on *his day, before me, an officer duly
authorized in the State aforesaid and in the County aforesaid to take
acknowledgments, personally appeared J-,
to me known to be the person(s) described in and who executed
foregoing instrument and acknowledged before me that
executed the same.
WITNESS my hand and official seal this day of
19 A� .
�) Personally known to me, or
Produced Identification
4 )
BAH:
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- fz:�� — L"e3��2
NOTARY PUBLIC', State of
Florida at Large
NOTARY PJ3L1C, STATE OF FLORIDA.
11� �� y.� MYC04-Ml."iON EXPIRES' JUICE 26, 1993.
W I 1� ROMOrD TMku „JTAHY pUMLIC yNptgyyltlT�Rri
(Name of Notary Public:
Print, Stamp, or Type as
Commissioned)
Type of I.D. Produced
DID take an oath, or (X DID NOT take an oath.
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