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HomeMy WebLinkAboutCity of Tamarac Resolution R-93-0643 2 3 4 S 6 30 11 12 33 14 35 16 17 18 I 19 2 22 I 22 23 24 2s 26 27 28 29 30 31' 1 Temp. Reso. #Lllll�] I CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-93--mot A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TAMARAC, FLORIDA AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE AN AGREEMENT WITH BROWARD COUNTY TO ALLOW CURBING, LANDSCAPING AND IRRIGATION OF THE MEDIANS OF NOB HILL ROAD BETWEEN COMMERCIAL BOULEVARD AND MCNAB ROAD; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Tamarac, Florida deems it to be in the best interests of the citizens and residents of the City of Tamarac to authorize the appropriate city officials to execute an Agreement with Broward County to allow curbing, landscaping and irrigation of the medians of Nob Hill Road between Commercial Boulevard and McNab Road. WHEREAS, the City of Tamarac will be responsible for irrigation, plants, trees, shrubs, and pavers and will be responsible to maintain the medians after the installation is completed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF TAMARAC, FLORIDA: ,SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and is hereby made a specific part of this resolution. SECTION 2: That the appropriate City Officials are hereby authorized to execute the attached Agreement with Broward County to allow curbing, landscaping and irrigation of the medians of Nob Hill Road between Commercial Boulevard and McNab Road' (copy attached hereto as Exhibit A). SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. Fa F Temp. Reso. #�q I SECTION Q- If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 5 This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this q tl1day of 1993. Y ATTEST: CAROL A. EVANS — CITY CLERK I HEREBY CERTIFY that I ha 7TCTCHEL�'S. approved this as to fo m. MI KRAFT CITY ATTORNEY NOS HILL ROAD MEDIAN IMPROVEMENTS /rkt H.L. SENDER MAYOR RECORD OF COUNCIL I'VIAYOR 'DER DISC` 1: DIS7..2: Q M H M N D§7.3: (" H i R DIST. 4: �4 Iq' 3-� I• NOB HITS, ,ROAD MED2AN BEAUTIFICATION REVOCABLE LICENSE AGREEMENT WHEREAS, the Board of County Commissioners of Broward County, Florida approved, subject to staff recommendations, the Plat on 19; and WHEREAS, property within t e at w c properly s escr a is the owner of hereto and incorporated herein; and !!;'. x ibit "A" attached WHEREAS, the o P1 at shows,. a e ication, easement eet or future construction or expansion of and WHEREAS, Broward bounty has agreed to permit ° `way as escr e > temporary use of a portion of said unimproved right - in Exhibit B attached hereto and incorporated herein (Property) for; (check one) ( ) Overflow parking in excess of the minimum bff-street parking required by Chapter 39, Broward County Code of Ordinances, or the applicable municipal minimum Off-street parking requirements. ( ) l. Aawssign that is permitted under applicable sign ordinances and ( X) 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. ( ) Other (explain) Ccympletion of curbing around medians, land_ within medians and irrigation of medians in Nob Hill ]. 31vd. and N7cNab 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 The Cit of Tamarac, Flora.da referred to as t o L E S hereinafter 1. The above recitals are true and are incorporated in this Agreement. 2. DESCRIPTION OF PREMISES. - County hereby grants to LICENSEE, the revocable right, Iicense'and privilege of occupying the property, a legal description of which is shown on plans titled "Nob Hill Road Median Beautification" Project "A" and Project "B" re 7�rac and similar plans prepared b C. P Pared bYlthe City of Y Nli chael Oliver, A.S.L.A. - 1 - '• TERM: The term of this License shall run until such time as the notifies LICENSEE to cease using said Property. 'Noti COUNTY in writing, thirty (30) days prior to termination. Ce shall be sent a• COMPENSATION: he rein, payment shall be made by the LICENSEE for hethe privileges granted '• USE OF PREMI _ SES; LICENSEE shall use and occupy the Property only for the designated above. The property shall. Purgoothe without written amendment of used dthisr Agreements LICENSEE covenants that it will not without written conso COUNTY, permit the Property nt of the firm, entity or corporation to usedor LICENSEEeda d its LICENSEE Y Y person, further covenants that no nuisance or hazardous trade or occupation shall be agents. Property. No act se permitted or carried on, in or upon said about said Property that will increase the risk of an ha permitted and nothing shall be kept in or catastrophe, and no waste shall be permitted or committed u n or any damage done to said Property. Y hazard,'fire or Property to be used or occupied inEN any manner whic1 not h will the iol ten any laws or regulations of any governmental agency, violate any 6• ASSIG_ MENT: LICENSEE shall have no authority to assign any 'of its rights this Agreement during any term of this Revocable License Agreement without a written amendment to this under attempt to assign this License, then the Agreement. is nseshallh Should d LICENSEE forthwith, without prior notice to LICENSEE. urinated 7• DAMAGE 70 PREMISES: The LICENSEE shall not by, its use or Occupancy ncy cause d amage to,,the LICENSEE agrees that all personal property placed upon the licensed Property shall remain the upon the Property property of LICENSEE, and shall be placed Y at the risk of LICENSEE. LICENSEE shall or its agent, Prompt written notice b the occurrence, incident or accident occurring on the licensed give COUNTY ertified mail of any B• INSPECTIONS; Property. (a) The LICENSEE shall submit moments plans for the installation of the i�vis niedio at to the Broward County En ine install the east 30 days before installation and shall not 9 ering� obtained from t e Browar Count until written approval is Y ngineering Division, (b) The LICENSEE shall Division within five days the Broward Count Engineering Y after installation. The Broward Zounty the72' g Division may require LICENSEE to reinstall or remove with tie a �' is if the improvements do pProve pans. not comply (c) The COUNTY, its agents) said Pro ert g ) or authorized employee may enter upon P Y at all reasonable times and hours, to examine same -2- 3-(,,y" to determine if LICENSEE is according to this Revocable Licensee Agreement. the Property g• 'INDEMNIFICATION: LICENSEE shall indemnify, defend and hold harmless the COUNTY Officers, agents and employees from and against any and all claims suit actions, damages, liabilities, expenditures, or causes Of any kind arising from this Revocable me action resulting or accruing from any negligent act, Li mission Agreement error aof LICENSEE, resulting in or relating to, injuries to body, life,limb or property sustained in improvement thereto, or arising o fromtheuse on the the cProperty or LICENSEE shall defend, at its sole cost and expense, an l Property, claim or proceeding instituted by any y legal action, result of any claim, suit or cause of actionnaccc using during onst the rTiV any way arising out of this Revocable License Agreement, for injuries to body, life, limb or property as 5et forth above. LICENSEE shall save the COUNTY harmless from and against judgements, orders, decrees, attorney's fees, costs, and expenses all liabilities incurred in and about any such claim investigation defense thereof, which maP and result of the foregoing• y be entered, incurred or assesed as °a Nothing contained herein shall serve to limit or abridge any limitations of liability or sovereign immunity available to the licensee by law. 10. INSURANCE: Without limiting LICENSEEashalif the other obligations insurance covers Provide, pay for and maintain liabilities of services to be gee set forth in this section aintain in force the will assure Performed under this Revocable License -Agreement, the indemnification Provision undertaken contained in' the as Comprehensive General by the LICENSEE, foregoing thousandfor dollars Liability with minimum limits of five Bodily Injury (5500,000, ) per occurrence combined single hundred must be afforded on Liability and Property g unit Of the a form no more restr restrictive th an hlatest edit Comprehensive General Liability. Coverage endorsements, as filed Liability Po)icy, without ion include: by the Insurance Services Office restrictive A. Premises and/or O t Aerations. •�. g• COUNTY is to be respect to liability as an "Additional' COUNTY by or b haari o ng °Ut °f operationsInsured with COUNTY f LIGENSEE r or for �n connection with general supervision operation. missions of G. Notice of of such Cancellation and/or Restriction ! be endorsed to provide ' notice of cancellation and/or Count The policy(ies) must /or restriction with thirty (30) days LICENSEE shall LICENSEE s Provide to COUNTY as an required by this Article a certified copy of all additional insured showing that COUNTY has been unamed certificate under such Polici s ar been obtained that the Q in the in a Revocable under such Policies at additional endorsement has License Agreement by LICENSEE the time of execution Of this 11, MAINTENANCE AND REPAIR Of LICENSED PREMISES: it shall be the Property clean responsibility of sanitary and free from LICENSEE trash En dtde r1s p the licensed The upkeep -3- `I)C-93— ,/ to 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 well -reasoned maintenance consistent with prudent and Agreement is for the use of the dPropertydforelandscaping, LICENSEE specifically agrees to install and maintain such landscaping in a manner that will not pose a hazard to property or the improved right-of-way, persons or vehicles on adjacent 12. SEC�Ty. (Check one) ( ) LICENSEE is obligated to maintain with Broward County security in the form of a cash bond, surety bond, or letter adequ ate credit in the amount of 3 the repair and maintenance of t e roperty uring t ettermsofe this Agreement and to ensure restoration of the Property fo f this g ( ) There is no obligation for security as a condition for grantin this Revocable License Agreement. 9 13. AMENpM�S 'No modification, amendment or alteration of the terms or conditions contained herein shall be effective unless" contained in a written document executed b ndttions of equal dignity herewith.parties hereto, with the same formality and 14. SURRENDER UPON TERMINATION; LICENSEE shall peaceably surrender and deliver the license Revocable License term. d Property to the COUNTY, or its agents immediately upon expiration othe 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 nt removal of the same by the COUNTY upon failure of the LICENSEEttoo restore the Property. The LICENSEE agrees to return the a safe condition followingProperty to landscaping. LICENSEE shall e obligated Of any improvements °pamef or or damage to COUNTY property resulting from the removal of landscaping or improvements. aping 15. WAIVER: Failure of'the COUNTY to insist upon strict performance of a cove- nant or condition of this Revocable License, or to exercise an right herein contained, shall not be construed as a waiver or relinquishment for the future of any such covenant, condition or right; but h ame shall remain in full force and effect, nquishment cove- nants or None of the conditionshee provisions of this Revocab waived or modified le License Agreement shall be .except by the parties hereto in writing. 9 16. TERMINATION: 40 This Revocable License cause at any time during (30) days written notice Agreement may be cancelled with or without the term thereof by either party upon thirty to the other of its desire to termspon this I'm Revocable License Agreement. It is expressly parties that LICENSEE is receiving from COUNTY a which may be terminated at any time by COUNTY. 17. NOTICES; 13 &L� understood by the Revocable License Any notice or demand, which under the terms License Agreement of this Revocable 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 below, or to such other address as such the address set forth party may from time to time designate by notice. 0 Notice to the COUNTY shal l 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 Northwest 88th Avenue Tamarac, Florida 33321 18. ENTI� RE 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 provisions. not invalidate the remaining 19. 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. r, 20. 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 Pub Records of Broward County,a. Public Agreement, a document of equaldignitytothisrmination document ha this executed and recorded by COUNTY. 11 be 22• ATTORNEY'S FEES: If Broward County should equitable relief in an action Prevail upon nor action goro damages thisAgreement it shall be entitled to attarney's fees and cos ts. -5- ,, 1- ! .3 _ (P q 11 iN WITNESS WHEREOF, the parties hereto have made and executed this Revocable License Agreement on the respective dates and signature: BROWARD COUNTY through its BOARD OF under each COUNTY COMMIS- SIONERS, signing by and through its Chair, authorized to execute Board action on the day of same by 19 and throuah its signing by and C] ATTEST: aunty A strator an Ex- Officio Clerk of the Board of County Commissioners of Broward County, Florida STATE OF FLORIDA COUNTY OF duly authorized to execute same. COUNTY BROWARD COUNTY, through its BOARD OF COUNTY COMMISSIONERS By day of 19 ) SS. ) BEFORE ME personally appeared known to me to be the person described in and who executed the f instrument and acknowledged to an oregaing d before me that for the purposes herein expressed, for same WITNESS my hand and official seal, this 19 —� day of My commission expires: otary TUT71c u rm Office eOfCounty as to oAttorne 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 ssistant aunty ttorney L Q REVOCABLE LICENSE AGPJTMENT _�e 11 0 LICENSEE IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed on the day and year indicated below: ATTEST: By• n P. Kelly ity Manager ATTEST: By:, Carol A. Evans, City Clerk My _OF TAMARAC APPROVED AT MEETING OF _6,-9.9 -3 STATE OF FLORIDA' . SS COUNTY OF CITY OF T MA C. By: L. ender, Mayor Date: `l-D By,: Jo n P. Kelly ty M I Da : Approved as to form: By• - ch 1 S. Kraf , City Attorney I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgmen s, personally appeared . L • 'e'.r � � � -ter, to me known a be the person(s) desc abed ih and wh& executed the foregoing instrument and acknowledged before me that 41R a executed the same. WITNESS my hand and official seal this �7L 7 day of 19 ©b�NOTARY PUBLIC, State of cr` _ -Tf °��`� Florida at Large L�Le�. �^ nuin <r PutiuC,E EXPIRES: S•r O DEDT11 U OM EXPIRES: JUiV Y�i, 1, �• BONDED iN RII NOTAR a `'- (Name of Notary Public: Print, Stamp, or Type as Commissioned) (�) Personally known to me, or ( ) Produced identification Type of'I.D.' 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