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Home My WebLink AboutCity of Tamarac Resolution R-97-102Temp. Reso.#7639 December 19, 1996 1 CITY OF TAMARAC RESOLUTION NO. R-97- !p;L A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE OFFICIALS TO ACCEPT AND EXECUTE AN AGREEMENT AND COVENANT RUNNING WITH THE LAND (HOLD HARMLESS AGREEMENT) WITH UNIVERSITY HOSPITAL, LTD., FOR SIGNS IN A UTILITY EASEMENT IN THE UNIVERSITY HOSPITAL PROJECT LOCATED ON THE WEST SIDE OF UNIVERSITY DRIVE BETWEEN MCNAB ROAD AND NW 76TH STREET; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIl7INQFOR AN EFFECTIVE DATE. WHEREAS, University Hospital, Ltd., developer of the University Hospital Project (shown in map form as "Exhibit 1 ") located on the west side of University Drive between McNab Road and NW 76th Street has constructed some signs that encroach into a utility easement as approved on September 25, 1996 as a Minor Revised Site Plan; and WHEREAS, the developer, University Hospital, Ltd., has offered an Agreement and Covenant Running with the Land (Hold Harmless Agreement) to the City of Tamarac; and WHEREAS, the Developer shall hold the City harmless from any costs or obligation to restore the signs encroaching in the Utility Easement caused 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 Agreement and Covenant Running with the Land (Hold Harmless Agreement); and Temp. Reso.#7639 December 19, 1996 2 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 an Agreement and Covenant Running with the Land (Hold Harmless Agreement) with University Hospital, Ltd., for the signs encroaching in a utility easement in the University Hospital 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 an Agreement and Covenant Running with the Land (Hold Harmless Agreement) with University Hospital, Ltd., for the signs in the University Hospital Project (attached hereto as "Exhibit 2") located on the west side of University Drive between McNab Road and NW 76th Street. SECTION 3: That the City Clerk is hereby authorized and directed to record said agreement in the public records of Broward County. .5.EQTION 4s All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. 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 u 1 11 Temp. Reso.#7639 December 19, 1996 3 applications of this Resolution. SECTION This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this 14 day of M/4 Y 1997. ATTEST: CAROL A. EVANS, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as Utilities:dav/aml JOE SCHREIBER MAYOR RECORD OF COM DIST 1: DIET 2: DIET & DIST 4: VOTE f EXHIBIT I TEMP. RESO. # 7639 t 16 ,g sT /THe = 78 CTC4 AVALON 79 ST p STATESr- CD1= LAN S C. 3 NfS w CIR 78 PL 78 CT w co 78 ST w ~ a r 7 THE CENTRE _3 W ��.+ ¢ ``a r n cu ^ O d ID WO❑DM❑NT z irn �"Y cWi n �- 78 ST 78 ST Loc TH SI E " D% ST P R TAMARAC 4/ ELEM '"' ¢ w ~ 76 PL WESTIVOO 1 Q= SCHOOL n n /¢ ¢ H ¢ Q 76 DR m 3 r. cu n n i 76 CT n 76 DR 76 CT z �� I AMARAC!!�/i� Z S,BELL � /% ii/, ! / / PARK 76 ST a �- F& D w r 76 ST 76 S• T 75 %! ,% ! !% !j TOWN PLAZA L] n n d 773 a �'� 7 a 75ST % 75 CT g r r r r ENVIRONMENTA Y GREENBRIAR %i. > w > Q 75 ST Q Stt ITIYVE: LAN 9 10 n n n 74 PL n y r TAMARAC/. MED. 8Q r r UNIV. UNIV. CTR PICCADILLY j 73 ST r r r MED CTR HCISP, 72 ST 72 ST 72 ST 0 3� 71 CT 7 .' Q % Q 71 ST j T -71 PARK PLACE W❑❑DM❑NT SQUARE J 9 j n n 70 CT THERAPEUTIC r 71 ST TR72C ¢ ACAD MY., a 4 BR KWO D' 70 ST G DENS] 3 BA �� m HILL n ❑NFK N. AMER. 70 CT ALBERTS❑N UNITED METHODIST > WOODMC]NT W❑❑DMONT ALL SAINTS PLAZA LUTHERAN NATIONS SHELL p 2 Q f z o< m n LAKE � - N w a z C❑MM❑NS M c N A B ROAD BANK (69ST.) COLONY r w GW BANK TEXAC❑ TAMARAC PLAZA BR❑❑KW❑CID > C❑NC❑ D VILLAGE PLAZA C;, q n W❑❑ W W W W W V LA W W W W r W W W w v UNIVERSITY � 68 ST TS. w W W w \, w w LZ! COMMONS CgNNONGA W W y W ¢J \\\� p Q 67 ST \ \ z Te W W W \\\ J BELLE TERRE 3 � ^ C3 COIpNY w \\\ W a W ❑F 7 C3 d 66 ST \ a Cf� VERSAILt<ES y y W c TAMARAC n GARDENS • W Lv .y .y 765 MAINL DS S 15!%/% ST \\\\\\\\\ \\ \\ \\\\\ w 1 UNIV. 64 CT S. COL❑NY CIR• \ W Z SH❑PPES g // \\ \.0 S. 64 ST / COLUMBIA UNIVERSITY HOSPITAL HCISPITAL.DWG AGREEMENT AND COVENANT RUNNING WITH THE LAND K -5 7 - /A,?, "EXHIBIT 2" Temp. Reso. #7639 AGREEMENT AND COVENANT RUNNING WITH THE LAND FOR: Columbia University Hospital Development Name THIS COVENANT made this 14 _ day of may , 19 97 by and between University Hospital, Ltd., ..having an address of 7201 _N-University_ Drive, Tamatac, Florida 33321 herein referred to as "Developer", and the CITY OF TAMARAC, FLORIDA having an address of 7525 NW 88th Avenue, Tamarac, Florida 33321, hereinafter referred to as "Tamarac". WITNESSETH: WHEREAS, Developer is owner of a parcel of land in the City of Tamarac, County of Broward and State of Florida described in "Exhibit A" attached hereto and hereby incorporated herein by reference; and WHEREAS, Developer is building some signs on said property and in course of said construction has erected some signs within a Utility Easement which is recorded in O.R Book 102 and Page 50 of Broward County; and WHEREAS, said signs are described on the site plan for Columbia University Hospital prepared by Michael J. Petrow & Associates, Inc., and dated, a copy of which is on file with Tamarac; and WHEREAS, Tamarac requires that Developer hold harmless against any expense of removal of said signs. NOW, THEREFORE, in consideration of the premises and mutual covenants herein contained, the parties hereto agree as follows: 1. Developer shall remove said encroachment at such time as Developer shall be required to do so by Tamarac or any lawful titleholder to said easement. 2. Developer shall hold Tamarac harmless from and indemnify Tamarac against all claims, liability and expense arising from the aforesaid encroachments, including the expense of removing and relocating same. 0 9607261 holdharmmpd ` 3. Developer shall place a plaque on the signs and shall state as follows: "T his structure may be ordered removed by the City of Tamarac at no cost to the City should its removal become necessary to repair any utility line. The cost of removal shall be borne by University Hospital, Ltd.,_ its successors and assigns". 4. This Agreement contains the entire Agreement between the parties relating the subject matter hereof. No amendment shall be binding unless reduced to writing and executed by both parties hereto. 5. This Agreement shall run with the land and bind Developer or Owner, its agents, heirs, successors and assigns and subsequent owners of the aforesaid described real estate. • 0 9607262 holdharm.wpd ic 97-/(>� • IN WITNESS WHEREOF, Grantor has hereunto set seal on the day and year first above wr' n. (GR TO is'nand and W' toas Type N me/ itle James A. Cruickshank Type me Kerry qqM. �Anderson Chief Executive Officer Witness Type Name Susan D. Bowers University „Hospit,al,Ltd. 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 James A. Cruickshank to me known to be the persons(s) described in and who executed the foregoing instrument and be acknowledged before me that he executed the same. WITNESS my hand and official seal this 14th day of August ,1996 NMRY PUBLIC, State F1oriGla..,,,at La�c1 = n••rry s N�CIIEL P. BUY W COMMISSION N CC2MM EXPIRES WNW July 25, 1W (Sign re o ary tClic: Print,Stamp,or Type as Commissioned) ( X ) Personally known to me, or ( ) Produced identification Type of I.D. Produced ( ) DID take an oath, or ( X ) DID NOT take an oath. 960726 3 holdharm.wpd %e.y /- /dam 0 IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed on the day and year indicated below: Signed, sealed and delivered in the presence of: ".-` T � B ' � • �.� Y Robert S. Noe, Jr., City Manager C� • Date: may 14 1997 ATTEST: By: Carol A. Evans, CIVIC City Clerk Date: May 14, 1997 STATE OF FLORIDA ACCEPTED BY CITY OF TAMARAC GRANTEE By: Joe hreiber, Ma or A Robert S. Noe, Jr., City Manager Date: May 14, 1997 as to form: Mit6 ibll S. Kraft, City Attorney SS COUNTY OF Bnxaard : I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State afire id and in t e County aforesaid to take acknowledgments, personally appeared ° c e to me known to be the person(s) described in and who executed the foregoing instrument andtheyacknowledged before me and under oath that they executed the same. WITNESS my hand and official seal this 14 ay oMa , 1997 a�(N y, ^f -e6llli� NOTARY PUBLIC, a of Florida at Large Phyllis Polikoff (Name of Notary Public: Print, Stamp, or Type as Commissioned) ( x) Personally known to me, or ( ) Produced identification Type of I.D. Produced ( ) DID take an oath, or (x) DID NOT take an oath. 9607264 aV PU OFFICIAL NOTARY SEAL holdharm.wpd 0 B!i PHYLLIS POLIKOFF t n COMMISSION NUMBER �, 4 d CC390392 y� ¢� MY COMMISSION EXP. Fo, Fop SEPT 23 1998 K - 7 / /°-P4— AFFIDAVIT SHALL BE COMPLETED WHEN MORTGAGEE SIGNATURE IS NOT APPLICABLE I James A. Cruickshank do hereby affirm that I am the Chief Exec. Officer of _University _Hospital, Ltd. and that I have executed a Water and Sewer Developer's Agreement with the City of Tamarac for Columbia University Hos ital projec—t--a—nT that I am the owner of the property covereEl by said DEVELOPER'S AGREEMENT. There are no mortgages held on the property which is the subject of said DEVELOPER'S AGREEMENT. AFEIAUT/SAYETH NOT gnaLure Thi ' 14th day of AUcusi, , 199L—. STATE OF FLORIDA 0 : 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 ,Tamar A _ rrili r•kahank to me known to be the person(s) described in and who executed the foregoing instrument and acknowledged before me and under oath that Ala executed the same. WITNESS my hand and official seal this 14th day of August , 1996 NOTARPUBLIC,State a on a at L MICHEL P. GUY 5.: IN COMMISSION N CC29M EXPIRES 5?aj• r July 25,1997 Nam ary u ic: Print, Stamp,or Type as Commissioned) ( X) Personally know to me, or ( ) Produced identification Type of T.D. Produced ( ) DID take an oath, or ( X) DID NOT take an oath. 960726 holdharm.wpd Exhibit "A" Legal Description All that land contained within the plat Hospital" as recorded in Plat Book 102, Public Records of Broward County, Florida C� • of "University Page 50 of the e . 9 7-rU� SCErCH AND L -QA1 BY PULICE LAND SURVEYORS, INC. 8381 NOB HILL. ROAD SUNF ISE, PLORIDA 33351 TELEPHONE: (954) 572-1777 • FAX: (954) 572-1775 CERTIFICATE OF AUTHORIZATION NO. L63870 E—MAIL: pulice®ix.netcom.com LEGAL DESCRIPTION.* ALL THAT LAND CONTAINED WITHIN THE PLAT OF "UNIVERSITY HOSPITAL' AS RECORDED IN PLAT BOOK 1OZ PAGE 50 OF THE PUBLIC RECORDS OF BROWARD COUNTY. FLORIDA. CONTAINING: 609,192 SQUARE FEET NOTES: t) THIS SKETCH DOES NOT REPRESENT A FIELD SURVEY. 2 BEARINGS ARE BASED ON THE NORTH LINE OF 'UNIVERSITY HOSPITAL" BEING 587'41'24'E. PARCEL 'C' i, i�UM -=7A 88741'24'E 1004,1W ME- COHN AND ASSOCIATES SCALD r - 200' DATE- APR1L 10. IW7 UNNEREM HOSPITAL MOLD HARMLESS AGREEMENT FOIE OOHN AND ASSOCIATES NBT4T24'W 3729r W 80ma N �j 889^01 wr= 183.00' PARCEL 'B' Nwwao'W 830AW 229.9W W >Q PARCEL '0' Q Z ..7 John F. Pulics Reg. Lcnd Suroyor #2691 Michael Charles Rynn, Reg. Land Surveyor #3281 State of Florida