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Home My WebLink AboutCity of Tamarac Resolution R-97-265Temp. Reso.#7966 August 6, 1997 1 CITY OF TAMARAC RESOLUTION NO. R-97- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO ACCEPT AND EXECUTE AN AGREEMENT AND COVENANT RUNNING WITH THE LAND (HOLD HARMLESS AGREEMENT) WITH ST. MALACHY CATHOLIC CHURCH FOR THE PORTABLE CLASSROOM ENCROACHING IN A UTILITY EASEMENT IN THE ST. MALACHY PROJECT LOCATED AT 6200 NORTH UNIVERSITY DRIVE; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, St. Malachy Catholic Church, developer of the St. Malachy Church Project (attached hereto in map form as "Exhibit 1 ") located at 6200 North University Drive has erected a portable classroom that encroaches into a utility easement; and WHEREAS, the developer, St. Malachy Catholic Church 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 portable classroom encroaching in the Utility Easement caused as a result of any repair or maintenance to the Utility Easement or infrastructure; and WHEREAS, the Director of Utilities recommends the acceptance and execution of this Agreement and Covenant Running with the Land (Hold Harmless Agreement) with St. Malachy Catholic Church for the St. Malachy Project; and WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be Temp. Reso.#7966 August 6, 1997 2 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 St. Malachy Catholic Church for the portable classroom encroaching in a utility easement in the St. Malachy 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 St. Malachy Catholic Church for the portable classroom in the St. Malachy Project (attached hereto as "Exhibit 2") located at 6200 North University Drive. 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. 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. C] SECTION 6: passage and adoption. 1997. Temp. Reso.#7966 August 6, 1997 3 This Resolution shall become effective immediately upon its PASSED, ADOPTED AND APPROVED this /o`Z day of / mrrlm %�i+c.� ATTEST: CAROL A. EVANS, CMC CITY CLERK I HEREBY CERTIFY that I have aDnfcrved this RESOLUTION as ITCHELL S. KRAFT CITY ATTORNEY i Utilities:dav/aml 1 JOE SCHREIBER MAYOR RECORD OF COMMIS; MAYOR SCHREIBER DIST 1: COMM. McKAYE DIST 2: V/M MISHKIN DIST 3: COMM. SULTANOF DIST 4: COMM. ROBERTS VOTE !0- EXHIBIT i • • TEMP. RESO. # 7966 W❑❑DM❑NT ALL SAINTS p N Y z a LiLLJ PLAZA LUTHERAN NATI❑NS SHELL 2 LAKE z w T� BANK COLONY(69ST,) M C v A D READ BANK TEXAC❑ TAMARAC BROOKW❑❑D > Q PLAZA PLAZA n y w w y y y w y W w w y w w y UNIVERSITY -J COMMONS 68 ST YY w w\\\ w y 7 \ y w w w w \\ w Q Q \X\ y M 67 ST \ BELLE 3 \ z w \\ w GQ�❑NY �\ y T E ElQ 66 ST \ a N CJh' w y y w y ❑F TAMARAC � - \ Qly w w MAIN L NDS S w y X\\ w y w Q 6� ST y i UNI V. 64 w LZ SHOPPFS yOFCS. G 4 S y W y w y w y y y w y w w w y •.. �/ / 64 ST w y w y Imo"- EGAN "/%/ j PLAT y y w y z a 63 CT w w \ o W 63 / w \\� v J ¢ a 7 j y w \ h cu GREEN ILLAGE 63 ST 63 ST 62 CT / WATER THUMB SQUARE 62 ST 62 STD -- PLANTNT - 7 SITE / zasz ldiikdlCHY M ¢ Q ¢ \ i/ � CD cl" rl- (EDGEW TER) 61 ST ] ¢ , CURTIS 61 ST N ANDS SE 10 T /j QLi3 Q FIELD Q PLAT n n NATIONS 60 ST �� . �� 60 ST BANK r j '7 �'� 59 ST i// '59 S CD m a 58 CT ] ] u7 a MIDWAY PLAZA oLJ � 58 ST ¢ BLOCK o� 57 PI n / n o, BUSTER N g cy BIG LOTS MAI L D- SEC 9¢ 7 UNITED B❑ST❑N PLAZA 57 DR 57 o STATES CHICKEN S7 CT / 57 CT n POST z ❑FFICE w v 57 ST _> J zNz L)� a rr o� ¢ « �r�v~ BLATT ¢ �� z u¢ w¢ o D¢ oaa ^ o U� z zz o��o u ww �a Q¢ W P7 Qw QQ U��a Q' 1F] �~ 2C7 n U a a �cv o cm� nQ<Lii PLAT n =) �a w caw CL w CCIMMERCIf�l_ 3LVD STMALACH.DWL SAINT MALACHY AGREEMENT AND COVENANT RUNNING WITH THE LAND (HOLD HARMLESS AGREEMENT) EXHIBIT 2 Temp. Reso.#7966 AGREEMENT AND COVENANT RUNNING WITH THE LAND FOR: St. Malach Development Name THIS COVENANT made this 12 day of too embeir 19-7_ by and between St. Malachy Catholic Church having an address of 6200 N. University_ Drive herein referred to as "Developer/Owner", 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/Owner 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/Owner is erecting a portable classroom on said property and in course of said construction has erected portable classroom within a Utility Easement which is recorded in O.R Book 95 and Page 36 of Broward County; and WHEREAS, said classroom is described on the site plan for JSt. Malachy Catholic Church prepared by Urbanform Design Group, Inc. and dated, a copy of which is on file with Tamarac; and WHEREAS, Tamarac requires that Developer/Owner hold harmless against any expense of removal of said classroom. NOW, THEREFORE, in consideration of the premises and mutual covenants herein contained, the parties hereto agree as follows: 1. Developer/Owner shall remove said encroachment at such time as Developer/Owner shall be required to do so by Tamarac or any lawful titleholder to said easement. 2. Developer/Owner 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. 9607261 ,AI Ile �5e hol h r d a m.wpd • 3. Developer/Owner shall place a plaque on the site and shall state as follows: "This 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 St. Malachy Catholic Church , 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/Owner, its agents, heirs, successors and assigns and subsequent owners of the aforesaid described real estate. • 0 9607262 holdharm.wpd • • rI IN WITNESS WHEREOF, Owner has hereunto set his hand and seal on the day and year first above written. STATE OF FLORIDA (Owner) Type Name/Title Rev Dominick O'Dwyer/Pastor Type Namt;/Title Rev, James Hampton/Temporary Administ. : SS COUNTY OF Rrnwa,,ri 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,"' f 'I'c�1 <� ,, 2z�/6—� to me known to be the persons(s) described in and who executed the foregoing instrument and'��'h acknowledged before me that c4L, executed the same. 199�z. WITNESS my hand and official seal this,�7 day of Nicholas J. Costea ; Notary Public, State of Florida of n:a ;,,I C�ission No. CC 655577 ; Commission Exp. 06/15/2001 > 100J-NO'TA. .- •"',. Noury Scrvict & Bonding Co. > leee'�'arraa; .<. ',",eelrrtrrrrruararcrrrrl Personally known to me, or ( ) Produced identification Y,lcri?VX s T C'M-`'�77--)V NOTARY PUBLIC, State of Florida at Large (Signature of Notary Public: Print, Stamp, or Type as Commissioned) Type of I.D. Produced ( ) DID take an oath, or (7�) DID NOT take an oath. 960726 holdharm.wpd 0 • 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: A T: R rt S. Noe, Jr., City Manager Date: November 12, 1997 ATTEST: y: Carol A. Evans, CIVIC City Clerk STATE OF FLORIDA SS ACCEPTED BY CITY OF TAMARAC GRANTEE BY: :--� Joe,S hreiber, Mayor ""�) _t T �' �' Iy4m _ -0� , Ro S. Noe, Jr., City Manager Appro d s to form - By: Mi hell raft, C' 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 acknowledgments, personally appeared Joe Schr ibex & Rob rt s . Noe J>to me known to be the person(s) described in and who executed the foregoing instrument and they acknowledged before me and under oath that the executed the same. WITNESS my hand and official seal this 12 day of N , 199 7 lk4l , .Ay PV9 OFFICIAL NOTARY SEAL �i PHYLLIS POLIKOFF COMMISSION UMBERCC390392 MY COMMISSION EXP. Fo'7F�.o1 SEPT 23 1998 Azz NOTNRY PUBLIC, Staf&6f 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 ( DID NOT take an oath. 960726 holdharm.wpd AFFIDAVIT SHALL BE COMPLETED WHEN MORTGAGEE SIGNATURE IS NOT APPLICABLE Rev. JAMES HAMPTON. REPRESENTATIVE OF THE ARLdo hereby affirm that I am the of and that I have executed a Hold Harmless Agreement with the City of Tamarac for MODULAR CLASSROOM project and that I am the owner of the property covered by said Hold Harmless Agreement. There are no mortgages held on the property which is the subject of said Hold Harmless Agreement. FURTHER AFFIANT SAYETH NOT. This 2-7 day of 1 STATE OF FLORIDA SS COUNTY OF Broward I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforjpsaiq_and in the County aforesaid to take acknowledgments, personally appeared �o-<�" -; to me known to be the person(s) described in and who executed the foregoing instrument and 1�'e- acknowledged before me and under oath that /�� executed the same. WITNESS my hand and official seal this %?`T, day of�� , 19917 . p1NRY pGA Nicholas J. Costea ; Notary Public, State of Florida a` Commission No. CC 655577 ' '' O' woe My Commission Exp. 06/15/2001 > 1-RW3-NOTARY • Fla. Newry Service & Bonding Co. K!!!!!C!lttlCCtlltC!CC<�lrtrlCtCCt!lllttlCC!!!!!I. (Y) Personally know to me, or ( ) Produced identification NOTARY PUBLIC,,'State of Florida at Large (Name of Notary Public: Print, Stamp, or Type as Commissioned) Type of I.D. Produced ( ) DID take an oath, or N' DID NOT take an oath. 960726 holdharm.wpd EXHIBIT A ST, MALACHY CATHOLIC CHURCH • 6200 NORTH UNIVERSITY DRIVE TAMARAC, FLORIDA C� J LEGAL DESCRIPTI❑N THE NORTH 525,5 FEET OF WEST 881.92 OF TRACT 12 SECTION 10, TOWNSHIP 49S, RANGE 41E, ACC❑RDING TO THE PLAT THEREOF, OF FT,LAUDERDALE TRUCK FARMS RECORDED IN PLAT BOOK 4, PAGE 31, PUBLIC RECORDS OF BR❑WARD COUNTY, FLORIDA. LESS THE WEST 53' THEREOF FOR THE ROAD RIGHT OF WAY. w Q ry w H w Q THIS PLAT L❑CATI❑N MAP SEC, 10-49-41 NO SCALE W 611 S 3Z NW 57 STREET • C❑MMERCIAL B❑ULEVARD w Q m I-P Lil NM A Tyt I , ..f5ocIAL� H,4 r_- HOY 5;- tz-: �. I F I til . v:-* LR .12 -61 15 (oNl= �T&Pzy TO AD I t-I f5xl!5rr. 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