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HomeMy WebLinkAboutCity of Tamarac Resolution R-93-0823 Temp. Reso. # 6505 3 4 5 6 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-93-�,a. A RESOLUTION AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE A TRI--PARTY AGREEMENT BETWEEN BROWARD COUNTY, THE CITY OF TAMARAC AND THE FOUNTAINS CORPORATION CENTER, FOR THE CONSTRUCTION OF A TURN LANE AND SIDEWALK IMPROVEMENTS; AND APPROVING 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 Tri-Party Agreement between Broward County, the City of Tamarac and The Fountains Corporation Center, to allow the owners the right to have a lien placed on the property in lieu of the existing letter of credit which satisfies the county's requirements for payment for the construction of a turn lane and sidewalk improvements as described in "Exhibit B" attached, 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 this� , day of ,1993. ATTEST: Gp A-e711VCr CITY CLERK I HEREBY CERTIFY that I have approved this Resolution as MAYOR RECORo 4F COUNCIL N DIST 1: DIST, 2:.-.Q i, wM DIST. 3: DIST. 4 C / M ARRAUnuurr-p I*/ 15-7 � 5 -S�C-�" &GREEMENT BETWEEN BR WARD COUNTY AND CITY OF TAMARAC D O A NS CORPORATE CENTEIL A FLORIDA GENERAL PARTNERSHIP FOR SECURING TURN LANE AND SIDEWALK IMPROVEMENTS 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 "COUNTY", AND The CITY OF TAMARAC, a municipal corporation of the State of Florida, its successors and assigns, hereinafter referred to as "CITY AND FOUNTAINS CORPORATE CENTER, a Florida general partnership, their successors and assigns, hereinafter refereed to as "DEVELOPER". WHEREAS, DEVELOPER's Plat, known as THE FOUNTAINS CORPORATE CENTER PLAT (039-MP-86) hereinafter referred to as "PLAT" was approved by the Board of County Commissioners of Broward County on August 4, 1987 and is legally described in Exhibit "A" attached hereto and incorporated herein; and WHEREAS, the PLAT lies within the boundaries of the CITY; and WHEREAS, the PLAT is recorded at Plat Book 139, Page 44; and WHEREAS, one of the conditions imposed at the time of PLAT approval was the construction of certain turn lane and sidewalk improvements as specified in Exhibit "B", hereinafter referred to -as "IMPROVEMENTS"; and WHEREAS, prior to the recordation of the PLAT, DEVELOPER secured the construction of the IMPROVEMENTS by posting a Letter of Credit (L/C Number 15416) in the amount of $47,460.13; and li WHEREAS, DEVELOPER now desires to enter into this Agreement Securing Turn Lane and Sidewalk Improvements in order to substitute a lien for the Letter of Credit to secure the IMPROVEMENTS. IN CONSIDERATION of the mutual terms, conditions, promises, and payments hereinafter set forth, COUNTY, CITY and DEVELOPER agree as follows: 1. DEVELOPER agrees that DEVELOPER shall construct and install the IMPROVEMENTS. All costs relating to the construction and installation of the IMPROVEMENTS will be borne by the DEVELOPER. The IMPROVEMENTS shall be constructed prior to the issuance of a Certificate of Occupancy for any development within the l.r►r►(I described 1.11 I.:xhi.bit "A" The obligntions created by this Agreement shall run with the land described in Exhibit "A". 2. The IMPROVEMENTS described in Exhibit "B" shall be installed in • accordance with applicable COUNTY, State of Florida Department of Transportation standards and specifications and in accordance with the Development Review Report for the PLAT. The construction plans for said IMPROVEMENTS, including pavement marking and signing plans, shall be submitted to COUNTY and CITY for review and approval prior to commencement of construction. Construction shall be subject to inspection and approval by COUNTY and CITY. Pavement marking and signing shall be provided for all of said IMPROVEMENTS and shall be subject to review, field inspections and final approval by the Broward County Traffic Engineering Division consistent with the previously approved plans. 3. A lien is hereby imposed by the COUNTY against the real property identified in Exhibit "A" in the amount of $52,936.13. The lien shall secure the construction of the IMPROVEMENTS described in Exhibit "B". The lien shall 2. 16 g -'�3 - 9 6;2� exist until fully paid, discharged, released, or barred by law. The lien created by this Agreement shall be superior to and shall have priority over any mortgage on the real property described in Exhibit "A". 4. In the event the DEVELOPER fails to construct the IMPROVEMENTS according Lo Lho Lnrmra rind conditJoii:r of: thir: Agrec+menl., COUNTY may recover such sums from DEVELOPER as are necessary in order to cause the construction of the IMPROVEMENTS that are outstanding. Such sums, plus costs and attorneys' fees, may be recovered by COUNTY against the DEVELOPER through a civil action, or may be recovered by foreclosure of the lien created by Section 3, by action or suit in equity as for the foreclosure of a mortgage on real property. 5. Prior to issuing any building permits for the PLAT, a Letter of Credit, bond or other security acceptable to the County Commission in the • amount of $52,936.00 must be substituted for the lien imposed in Section 3 above. Construction of the IMPROVEMENTS must commence prior to or simultaneously with the issuance of any building permit for the PLAT, and the IMPROVEMENTS must be completed prior to the issuance of a Certificate of Occupancy for the PLAT. 6. Upon the County Commission's acceptance of the Letter of Credit, surety bond or other acceptable security described in Section 5 above, the COUNTY shall record, at DEVELOPER's expense, a Satisfaction and Release of the lien imposed in Section 3 above. 7. DEVELOPER shall ensure that the security remains valid and in full force and effect until DEVELOPER's improvement obligations are fully performed. Expiration of the security prior to DEVELOPER's performance of 3. 0 such obligation, or notice to COUNTY that the security will expire or has been canceled or disaffirmed prior to DEVELOPER's satisfaction of all obligations hereunder, shall constitute a default of this Agreement. 8. 111 Lhe evunL DEVELOPER defaults under Lhe corms of chls Agrecu1e11t and COUNTY draws on the security, DEVELOPER shall be responsible for COUNTY's reasonable costs and attorneys' fees incurred in drawing against the security. 9. In the event the Letter of Credit, surety bond or other form of security provided to COUNTY, as described in Section 5 above, expires is canceled, or is disaffirmed, COUNTY may record a document entitled "Notice of Lien for Installation of Required Improvements" which shall constitute a lien on the property described in Exhibit "A" for the amount due hereunder, until fully paid, discharged, released or barred by law. 10. Upon the completion of the IMPROVEMENTS specified in Exhibit "B", • the DEVELOPER may request a release of security from the COUNTY. The DEVELOPER shall submit a sealed certification by a Registered Engineer of the work completed. Upon acceptance by the COUNTY and CITY of said certification, and payment by the DEVELOPER of any applicable fee and the posting of acceptable security for the standard COUNTY maintenance period of one (1) year from date of completion of all of the IMPROVEMENTS specified in Exhibit "B", then the COUNTY shall release the security. 11. DEVELOPER agrees that the construction contract(s) for the IMPROVEMENTS shall include the following: a. Indemnify and save harmless the COUNTY, the Board of County Commissioners of Broward County, the State of Florida, and CITY, their agents and employees, from or on account of any injuries or I• le'- 5 3 - damages sustained by any person or persons during or on account of any operations connected with the construction of these road improvements; or by or in consequence of any negligence in connection with the same; or by use of any improper materials or by or on account of an act or omission of the said contractor, subcontractor, agents, servants or employees. b. Workers' Compensation Insurance to apply to all employees in compliance with the "Workers' Compensation Law" of the State of Florida and all applicable federal laws. C. Employers' Liability with a limit of One Hundred Thousand Dollars ($100,000.00) per accident. d. Comprehensive General Liability Insurance with minimum limits of Five Hundred Thousand Dollars ($500,000.00) 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: Premises and/or Operations. Independent Contractors, Products and/or completed operations. Underground Coverages. COUNTY, the Broward County Board of County Commissioners and the CITY are to be named as additional insureds with respect to liability arising out of operations performed for COUNTY and CITY by or on behalf of 5. It ,txZw 53 —Oc;L contractor or negligent acts or omissions of COUNTY or CITY in connection with gellerai supervision of such operaL-ion. e. Business Automobile Liability Insurance with minimum limits of Three Hundred Thousand Dollars ($300,000.00) 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 Business Automobile Liability Policy, without restrictive endorsements, as filed by the Insurance Services Office and must include owned vehicles and hired and non -owned vehicles. Notice of Cancellation and/or Restriction: The policy(ies) must be endorsed to provide COUNTY and CITY with thirty (30) days notice of cancellation and/or restriction. 12. CITY agrees that, upon its own knowledge or upon notification from the COUNTY that DEVELOPER is in default of this Agreement, CITY shall withhold issuance of all building, permits, Certificates of Occupancy, or any other development permits within the boundaries of the PLAT, until such time that the COUNTY notifies the CITY that the default has been resolved. 13. This Agreement shall continue to be in full force and effect and may be enforced against the DEVELOPER or its successors or assigns by the COUNTY or CITY through a Court of competent jurisdiction should the DEVELOPER or its successors or assigns fail to construct the IMPROVEMENTS in accordance with Exhibit "B" 14. COUNTY and CITY agree that this Agreement satisfies the requirements of Sections 5-183(d)(2) and 5-200(d)(2), Sroward County Code of Ordinances, that DEVELOPERS install all requited IMPROVEMENTS prior to 10 11 /- 9-3 - yl�-' issuance of a Development Order or enter into an Agreement to provide for installation of the required IMPROVEMENTS within a reasonable period of time or before issuance of building permits or Certificates of Occupancy, as required by the County Commission. Upon official acceptance of the IMPROVEMENTS by the applicable permitting agency, the local government may issue Certificates of Occupancy for parcels or portions of the PLAT. 15. This Agreement shall be recorded in the Official Public Records of Broward County, Florida. The DEVELOPER shall remain responsible for the IMPROVEMENTS identified by this Agreement unless the owners, successors or assigns in any part of the PLAT enter into a separate Agreement with the COUNTY for installation of all or part of the IMPROVEMENTS in Exhibit "B". 16. The DEVELOPER agrees to execute any and all other instruments or documents as may be requited to effectuate the requirements of Chapter 5, Article IX, Broward County Code of Ordinances, and this Agreement. 17. When all of the obligations set forth herein are fully paid and performed, COUNTY, at the request of DEVELOPER or its successors and assigns and upon payment of any applicable fees, shall cause of release to be recorded in the Official Records of Broward County, Florida, evidencing such performance. 18. Whenever either party desires to give notice to the other, it must be given by written notice sent by certified mail, return receipt requested, addressed to the party for whom it is intended. The place for giving notice shall remain the same unless changed of modified by written notice in compliance with the provisions of this paragraph. The parties designate the following as the respective places for giving notice, to wit: 10 It I• 4- 9 3 - el;�' COUNTY: Director, Broward County Engineering Division Broward County Governmental Center 115 South Andrews Avenue Fort Lauderdale, FL 33301 CITY: City Manager, City of Tamarac 7525 N.W. 88th Avenue Tamarac, FL 33321-2401 1)KIVK'Ii)IIER Fouil(.1i1.1111 Go rl)arnt_n Googol' c/o Brady and Coker 1318 S.E. 2nd Avenue Fort Lauderdale, FL 33316 IN WITNESS WHEREOF, tlic parties have 111ade 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, authorized to execute same by Board action on the day of CITY OF TAMARAC, signing by and through its to execute same, and DEVELOPER, authorized to execute same. ATTEST: County Administrator and Ex-Officio Clerk of the Board of County Commissioners of Broward County, Florida COUNTY 8. By: By: 1993, . authorized BROWARD COUNTY, through its BOARD OF COUNTY COMMISSIONERS day of Chair 1993. Approved as to form by Office of the County Attorney Broward County, Florida JOHN J. COPELAN, JR., County Attorney Governmental Center, Suite 423 115 South Andrews Avenue Fort Lauderdale, FL 33301 Telephone: (305) 357-7600 Telefax: (305) 357-7641 Assistant County Attorney ,�f- 3 !?e,-� AGgEEMENT DETWEEN BROWARD COUNTY AND Clly OF T6KARAC AND FOUNTAINS0 Pb CENTER, FLORIDAE RS OR SECURING TURR-LANE AND 5IDEWALK IMPROVEMENTS ATTEST: 24izLu �. I - P TTRITY CLERK MAF� W) Print Name Approved as to form: CITY ATTORNEW f MITCHELL S . KRAF T Print Name CITY OF TAMARAC, APPROVED AT MEETING OF W• �_.i M 9. ,�Z, " -e,- - - OR ,f , H. L. BENDER Print Name day of J 1993. AGREEMENT TWEEN OWARD CO TY ND TY 0 RAG A D FOUN A NS GORP RATE CENTER, A FLORIDA GENERAL PARTNERSHIP FOR SECURING TURN LANE AND SIDEWALK IMPROVEMENTS MIIBI "A" D DESCRIPTION The Fountains Corporate Center, according to the Plat thereof, as recorded in Flat Book 139, Page 44, of -the Public Records of Bzoward County, Florida. 0 11. 0 r AGREEMENT BETWEEN BR WARD C U TY AN TY OE TAMARAC AND FOUNTAINS ORPO T QENTER. A ELOIJID&GENEML PARTkIERSHIP,OR SE RING TURN LANE AND SIDEWALK IMPROVEMENTS TBI "B" TURN LANE AND SIDEWALK IMPROVEMENTS 1. West bound right turn lane on Commercial Boulevard at the 80 foot opening with 150 feet of storage and 180 feet of transition. 2. East bound left turn lane on Commercial Boulevard at the existing median break aligning with the 80 foot opening with 200 feet of storage and 180 feet of transition. 3. Construction of displaced sidewalk adjacent to the above right turn lane. 4. Pavement markings and signage required for the above improvements. 5. Relocation of utilities, drainage facilities, traffic control poles and • related equipment as necessary to complete required improvements. 12.