HomeMy WebLinkAboutCity of Tamarac Resolution R-2000-1431
Temp. Reso. #8994
May 15, 2000 1
CITY OF TAMARAC
RESOLUTION NO, R-2000-143
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA, AUTHORIZING THE
APPROPRIATE OFFICIALS TO ACCEPT AND EXECUTE A
UTILITY EASEMENT ENCROACHMENT AND HOLD
HARMLESS AGREEMENT WITH WYNNE BUILDING
CORPORATION FOR THE SIGNS AND SIDEWALK
CONSTRUCTED IN A UTILITY EASEMENT IN THE
HAMPTON INN HOTEL PROJECT LOCATED ON THE
NORTHEAST CORNER OF COMMERCIAL BOULEVARD
AND NW 47th TERRACE; AUTHORIZING AND DIRECTING
THE CITY CLERK TO RECORD SAID AGREEMENT IN THE
PUBLIC RECORDS OF BROWARD COUNTY; PROVIDING
FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Wynne Building Corporation, owner of the Hampton Inn Hotel
Project (attached hereto in map form as "Exhibit 1") located on the northeast corner of
Commercial Boulevard and NW 47th Terrace constructed signs and a sidewalk in a
utility easement; and
WHEREAS, the owner, Wynne Building Corporation, has offered a Utility
Easement Encroachment and Hold Harmless Agreement to the City of Tamarac; and
WHEREAS, the Owner shall hold the City harmless from any costs or obligation
to restore the signs or sidewalk as a result of any repair or maintenance to the utility
easement or infrastructure; and
WHEREAS, the Interim Director of Utilities recommends the acceptance and
execution of this Utility Easement Encroachment and Hold Harmless Agreement for the
Temp. Reso. #8994
May 15, 2000 2
Hampton Inn Hotel Project; and
WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be
in the best interest of the citizens and residents of the City of Tamarac to accept and
execute a Utility Easement Encroachment and Hold Harmless Agreement with Wynne
Building Corporation, for the signs and sidewalk constructed in a utility easement in the
Hampton Inn Hotel Project.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA:
SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and
confirmed as being true and correct and are hereby made a specific part of this
resolution.
SECTION 2: That the appropriate City Officials are hereby authorized to
accept and execute a Utility Easement Encroachment and Hold Harmless Agreement
with Wynne Building Corporation, for the signs and sidewalk constructed in a utility
easement in the Hampton Inn Hotel Project (attached hereto as "Exhibit 2") located on
the northeast corner of Commercial Boulevard and NW 47'" Terrace.
SECTION 3: That the City Clerk is hereby authorized and directed to
record said agreement in the public records of Broward County.
SECTION 4: All resolutions or parts of resolutions in conflict herewith are
hereby repealed to the extent of such conflict.
1
Temp. Reso. #8994
May 15, 2000 3
SECTION 5: 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 6: This Resolution shall become effective immediately upon its
passage and adoption.
PASSED, ADOPTED AND APPROVED this k/ V' day of
2000.
ATTEST:
v�
MARION SVVtNSON, CIVIC
INTERIM CITY CLERK
I HEREBY CERTIFY that I have
approved this RESOLUTION as
to fom) ' A / .
RV/krs/mg
ITCHELL S. MAP
CITY ATTO EY
JOE SCHREIBER
MAYOR
RECORD OF COMMISSION VOTE
MAYOR SCHREIBER L -
DIST 1: COMM. PORTNER �<
DIST 2: COMM. MISHKIN
DIST 3: COMM. SUL.TANOF
DIST 4: VIM ROBERTS1"�"
•
C]
EXHIBIT 1
TEMP. RESO. # 8994
W � �
co
W W,
W W W W W W
SA AL PALM, W
W G❑LF C❑URSE W
LAKESIDE J
LAKESIDE DR ?
O
W t7. z
SEVEN uQ A.TpRIA
WINDS ISLAND x a DINER
0 \ CLUB _ a
U
m 53 S.
r
E
�i>dp
< \ "rp SITE
W W `��, °` �' °�F`\ P LOCATION
W T 0 ��°'�
(SUNSHINE PLAZA) GRANTS 0
'9
W W W y9 d
�\ TAMARAC ANIMAL H❑SP,
A � SEC 5A � �
W W W D
W W 49 CT < 1> GABLES w MIDAS RAL � NATI❑NS
W W B
W / . ��„ MOBILE w BANK
ANK o
j _
W j/4V JJK } ¢� AM❑Cp t } BUNNING
49 CT ¢ ``I � � 0 ° BUD'S z wN FL❑RIST
ti ¢ ¢ 3 r A z J¢ Li
w v v co N D�' % DUNKIN' w ¢w
49 T ~ v Y P q // 44 ��11 D❑NUT � aMo
�4$ CT 49 ST 3 p2 P�0 j PLAAZA GINA'S 49 ST
DR d` 1�� 7
i/ SEC 2 8 P 48 a
48 ST �P�NIAND DR S.
/�
Li¢ 47 CT j/ Ali
j/ 47 CT �� 47 CT m % IH❑P
j
%j b Cr) v 47 ST
a
/j 47 ST b 47 ST j% o¢
%ji
/ j ///
46 ST
. w 46 ST
45 CT 3 /% ~ 45 CT ¢ g
W W j W
SEC 4A W W SEC 3
W W W W W W W 7
44 ST v
HAMP_INN,DWG
HAMPTON INN HOTEL
UTILITY EASEMENT ENCROACHMENT AND HOLD HARMLESS AGREEMENT
"Exhibit 2"
UTILITY EASEMENT ENCROACHMENT
AND
HOLD HARMLESS AGREEMENT BETWEEN
THE CITY OF TAMARAC
AND
WYNN BUILDING CORPORATION
THIS AGREEMENT made this day of 20Qo by and
between the CITY OF TAMARAC, a municipal corporiftion with principal offices located
at 7525 NW 88u' Avenue, Tamarac, Florida 33321 (hereinafter called CITY) and WYNNE
BUILDING CORPORATION— a Florida corporation with principal offices located at 8000
South U.S. 1, #402, Port St. Lucie, Florida 34945, (hereinafter called the
DEVELOPER/OWNER), for the purpose of holding the CITY harmless for the removal or
destruction of landscaping and/or structures located on DEVELOPEWOWNER's
property and within utility easements held by the CITY.
WHEREAS, DEVELOPER/OWNER is owner of a parcel of land in the City of
Tamarac, Broward County, Florida, more particularly described in Exhibit A, attached
hereto and incorporated herein by reference; and
WHEREAS, DEVELOPERIOWNER has constructed or will construct signs and a
sidewalk as part of its development of the parcel described in Exhibit A within utility
easement(s) described in Exhibit g, attached hereto and incorporated herein by
reference, and recorded in Plat Book 1L2 Page 43 of the Broward County public records;
and
WHEREAS, said existing landscaping and/or structures are described on the site
plan for Hampton l_r,in Hotel prepared by Isaac Sklar Associates and dated January 2-3,
20001, a copy of which is on file with the CITY and attached hereto and incorporated
herein by reference as Exhibit ; and
WHEREAS, CITY is grantee of the utility easement(s) described above and has
an obligation to maintain and repair utility lines in order to serve the citizens of the City of
Tamarac; and
WHEREAS, DEVELOPER/OWNER agrees to hold the CITY harmless for any
expenses incurred by the CITY's use of the utility easement(s) resulting in the
destruction and/or removal of said existing and/or future signs and sidewalks; and
NOW, THEREFORE, in consideration of the promises and. mutual covenants
herein contained, the parties hereto agree as follows:
1. The foregoing recitals are true and correct and incorporated herein by this
reference.
2. DEVELOPER/OWNER agrees to immediately remove at its own expense
any encroachment located within the CITY's utility easement once notified by the
CITY of such encroachment.
3. DEVELOPER/OWNER shall hold harmless and indemnify the CITY from
and against all claims, liability and expense arising from the aforesaid
encroachments, landscaping and/or structures, including the expense of
removing, relocating, restoring and replacing same.
4. CiTY shall be held harmless by DEVELOPER/OWNER and shall not be
responsible for the damage, destruction or replacement of irrigation lines within
the utility easement(s).
5. CITY shall be entitled to make emergency repairs to utility lines within the
easement(s) without prior notice to DEVELOPER/OWNER if giving notice would
be of detriment to the health, safety and welfare of the citizens of Tamarac.
6. DEVELOPERIOWNER agrees that any structures placed within the utility
easement shall be limited to minor structures only, such as a sign, fence, or slight
encroachments of concrete. No drainage structures, including, but not limited to,
detention or retention basins, shall be permitted within the utility easement(s).
7. DEVELOPER/OWNER agrees that landscaping within the utility
easement(s) shall be limited to bushes, shrubs and flowers, and that no trees
shall be placed within the utility easement(s).
8. DEVELOPER/OWNER shall place a 1' by 1' sign or plaque on the site of
the landscaping or structure, which shall state the following: "This structure may
be ordered removed by the City of Tamarac without notice and at no cost to the
City should its removal become necessary to repair any utility line. The cost of
removal shall be borne by The Owner, its successors and assigns."
9. DEVELOPER/OWNER shall not place encroachments within the utility
easement(s) unless specifically provided for in this Agreement.
10. This Agreement contains the entire agreement between the parties
relating to the subject matter hereof. This Agreement shall not be amended
unless in writing and signed by the parties hereto.
11. This Agreement shall run with the land and bind DEVELOPER/OWNER;
its agents, heirs, successors and assigns, and any subsequent owners of the
parcel described in xhi it A.
12. Venue for any actions resulting from this Agreement shall be Broward
County, Florida. This Agreement shall be governed by the laws of the State of
Florida as are now and hereinafter in force.
•
•
E
IN WITNESS WHEREOF, the parties have made and executed this Utility
Easement Encroachment and Hold Harmless Agreement on the respective dates
under each signature. CITY OF TAMARAC, through its Mayor and WYNNE
BUILDING CORPORATION, through its President, Joel F. Wynn, duly authorized
to execute same.
ATTEST:
ZIA.1
Marion Swenso6 I C
Interim City Clerk
Approved as to form nd legal
s ici new /1 71 n/
Mitche(V . Kraft, City
ATTEST'
t
Corporate Secretary
(Corporate Seal)
Eric P. yyynne
Type/Print Name
CITY OF TAMARAC
Schreiber, Mayor
Date:
jefte�g. Nfler, City Manager
Type/Print Name
Date:
"Exhibit A"
C
I I
C]
rt`
~J�
`Or
1 0
K K 4MTERRACE
•A•
FGt 04�
O
KV&4*LCCURT
LOCATION PLAN
SCALE NOT TO SCALE 40
LEGAL DESCRIPTION
PARCEL A WTEB&NPALF C r
A REPLAT OF A PORTION OF BECTION U TOWNSW 49 SOUTK
RANGE 41 EAST, FORT LAUDEFIDALE TRJCK FAFW
( Pa A PQ 3% &CA ) N THE CITY OF TAIuIARAC,
BROINARD COMITY, FLORDA.
"Exhibit A"
..................................
.. ........ ... . ........... .
............... ..............
..... -----
(111L 4-
lW
CL
r- Lj
LE.
.....
:9 2-
olo II
715,
i! L)
i
00
C,
ii o f
e�
•
L) I
�
yr
Ln I
LU
2
z
z 0
9*-9Z.90N
CL
CP
............................
..................
------- ...........
I!
"Exhibit B"
SKETCH OF 20' UTILITY EASEMENT
N
The Southeast 20 feet of the Northwest 30 feet of Parcel "A', TOGETHER
WITH: The West 20 feet of Parcel "A", WYNNE COMMERICIAL PLAT, as. recorded
in Plat Book 162, Page 43 of the Public Records of Broward County, Florida.
Said lands situate, lying and being in the City of Tamarac, Broward
County, Florida.
AN
C�
GXIIIUIL b
SKETCH
OF
20'
UTILITY
EASEMENT
The Southeast 20 feet of the Northwest 30 feet of Parcel 'A', TOGETHER
WITH: The 'West 20 feet of Parcel 'A', WYNNE COMMERICIAL PLAT, as recorded
in Plat Book 162. Page 43 of the Public Records of Broward County, Florida.
Said lands situate, lying and being in the City of Tamarac, Broward
County, Florida.
_ N
' pti
5r
/ /hh
UPARCEL "A"
r
N
ao
La
5' LtIIIty Easement (PB 162. PG 49, BCR)
Exclusive Utility Easement (P.B. 162,. Pg. 49, 13CR1�
S89'26'57'N 60.26'
THIS SKETCH FOES NOT
CONSTITUTE A FIELD SLIRVEY
=OR : WYNNE (��',w: MIKI I L. HI1r �
+10.000407!
pl GISTEAEp LAND S11pYEtGp 53 Ip11G1 NG, 595� S
SATE: 4/7/00 REV 1 SEO' 5/11 /00
=ILENAME: WP-A JEFFREY J. NITT REGISTERED LAND SURVEYGR NO, 4717 STATE OF FLORIDA
KALE: i' • 100'
I DEN/ ASSOCIATES
5701 PINE ISLAND ROAD, SUITE 260,TAMARAC, FL. 33321 ( 954) - 720- 1042 FAX ( 954) - 720- 1045
LAND SUHVEYS 0
Iv151UNi 0 UUNSIHUCTION SURVEYS
v
9
0
C7
............................
"Exhibit C" ) r
Jr
11
a0
................
..........
AL
. . ...........
.
0
C3
C/) i
0L)
OL
i1jun j
. ...............