HomeMy WebLinkAboutCity of Tamarac Resolution R-2022-010 RLA w/ BC for Buffer Wall and Sidewalk Improvements•
Temp. Reso. 13726
January 12, 2022
Page 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R- 2022-10'10
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF TAMARAC, FLORIDA AUTHORIZING
THE APPROPRIATE CITY OFFICIALS TO EXECUTE
THE REVOCABLE LICENSE AGREEMENT AS
ATTACHED AS EXHIBIT 1" WITH BROWARD
COUNTY, FLORIDA PENDING APPROVAL AND
EXECUTION BY BROWARD COUNTY FOR THE
BUFFER WALL AND SIDEWALK IMPROVEMENTS
THAT WILL BE LOCATED IN BROWARD COUNTY'S
RIGHTS -OF -WAY ON THE NORTH SIDE OF
PROSPECT ROAD, BEGINNING APPROXIMATELY
400 FEET EAST OF THE EAST RIGHT OF WAY LINE
OF NW 21 AVENUE AND ENDING APPROXIMATELY
125 FEET WEST OF THE CITY OF TAMARAC CITY
LIMITS WITHIN THE JURISDICTIONAL
BOUNDARIES OF THE CITY OF TAMARAC;
AUTHORIZING THE APPROPRIATE CITY OFFICIALS
TO EXECUTE THE REVOCABLE LICENSE
AGREEMENT AND TO TAKE ALL ACTIONS
NECESSARY TO IMPLEMENT SAID AGREEMENT;
PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, as part of the recently completed Major Arterial Corridor Study it was
determined that the City will move forward with the Buffer Wall component of the
Study, which includes the design and construction of neighborhood buffer wall
treatments for various parts of the City; and
WHEREAS, the city commission of the City of Tamarac, via Resolution Number
R-2020-029, dated May 13th, 2020, authorized and approved the design of the Buffer
• Wall Phase VI Project, a component of the Major Arterial Corridor Study; and
Temp. Reso. 13726
January 12, 2022
Page 2
•
WHEREAS, the planned buffer wall and sidewalk improvements shall be located
within Broward County right-of-way on the north side of Prospect Road, and Broward
County requires the City to enter into a Revocable License Agreement (RLA) prior to
issuing permits for any buffer wall to be installed within their right-of-way; and
WHEREAS, as part of the approval process, Broward County requires the City to
pass a resolution stating that the City Commission of the City of Tamarac approves the
project and agrees to fund all costs for the design, installation and maintenance of the
project; and
WHEREAS, the City Commission of the City of Tamarac deems it be in the best
interest of the citizens and residents of the City of Tamarac to approve the project, and
authorize the City Manager to execute a Revocable License Agreement (RLA),
allowing the City to install the buffer wall and sidewalk improvements within a Broward
County right-of-way per the attached RLA, a copy of which is attached hereto as
Exhibit 1" and made a specific part of this Resolution.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORID&
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 upon adoption hereof and all exhibits referenced and attached hereto are
incorporated herein and made a specific part of this Resolution. 0
Temp. Reso. 13726
January 12, 2022
Page 3
Section 2: The City Commission HEREBY approves a Revocable License
Agreement (RLA) between the City of Tamarac and Broward County and the
appropriate City Officials are HEREBY authorized to execute one (1) Revocable
License Agreement between the City of Tamarac and Broward County, and is hereto
attached as Exhibit "1" for a buffer wall and sidewalk improvements located on the north
side of Prospect Road, beginning approximately 400 feet east of the east right of way
line of NW 21 Avenue and ending approximately 125 feet west of the City of Tamarac
city limits, in the City of Tamarac.
Section 3: All Resolutions or parts of Resolutions in conflict herewith are hereby
repealed to the extent of such conflict.
0 Section 4: 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 in
application, it shall not affect the validity of the remaining portions or applications of this
Resolution.
C7
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Temp. Reso. 13726
January 12, 2022
Page 4
Section 5: This Resolution shall become effective immediately upon its passage
and adoption.
t(--
PASSED, ADOPTED AND APPROVED this I day of -T/VA l.A2��, 2022.
— /' /w, �/' , '- f (4, ___
MIC ELLE J. GOME
MAYOR
ATTEST:
�J NIF J SON, CMC
CITY CLERK
RECORD OF COMMISSION VOTE:
MAYOR GOMEZ 'yt5__�
DIST l: COMM. BOLTON
DIST 2: V/M GELIN
DIST 3: COMM VILLALOBOS
DIST 4: COMM. PLACKO
I HEREBY CERTIFY that I have
approved this Resolution as,
to form, I
JOHN RI F W,
CITYATIFORNEY
•
•
0
TR 13726 Exhibit 1
•
REVOCABLE LICENSE AGREEMENT BETWEEN BROWARD COUNTY
AND THE CITY OF TAMARAC
This Revocable License Agreement ("Agreement") between Broward County, a political
subdivision of the State of Florida ("County"), and the City of Tamarac, a municipal corporation
organized and existing under the laws of the State of Florida ("City") (collectively, the "Parties"),
is entered into and effective as of the date this Agreement is fully executed by the Parties (the
"Effective Date").
RECITALS
A. The revocable license area, as set forth in Exhibit A, is a right-of-way located on
Prospect Road (the "Revocable License Area");
B. The County owns and controls the Revocable License Area and Prospect Road;
C. City seeks and County is amenable to City's nonexclusive access and use of the
• Revocable License Area to make certain improvements in the Revocable License Area, as set forth
in Exhibit B (the "Improvements"), and to maintain and repair the Improvements, as set forth in
Exhibit C (the "Maintenance Obligations");
D. The Improvements and maintenance thereof will benefit the residents of both
County and City; and
E. City has authorized the appropriate municipal officers to execute this Agreement.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, the Parties agree as follows:
SECTION 1. DEFINITIONS
1.1. Approved Plans means the construction documents and specifications depicting and
defining the Improvements, including all materials to be installed in the Revocable License Area
as referenced in the plans submitted to and approved by the Contract Administrator, and filed
under Project Reference Number 200923004.
1.2. Board means the Board of County Commissioners of Broward County, Florida.
1.3. Contract Administrator means the Director of the Broward County Highway Construction
and Engineering Division, or designee.
s
Revocable License Agreement Page 1 of 11
City of Tamarac
INSTR # 118386289
Recorded 09/07/22 at 10 58 AM
Broward County Commission
25 Page(s)
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REVOCABLE LICENSE AGREEMENT BETWEEN BROWARD COUNTY
AND THE CITY OF TAMARAC
This Revocable License Agreement ("Agreement") between Broward County, a political
subdivision of the State of Florida ("County"), and the City of Tamarac, a municipal corporation
organized and existing under the laws of the State of Florida ("City") (collectively, the "Parties"),
is entered into and effective as of the date this Agreement is fully executed by the Parties (the
"Effective Date").
RECITALS
A. The revocable license area, as set forth in Exhibit A, is a right-of-way located on
Prospect Road (the "Revocable License Area");
B. The County owns and controls the Revocable License Area and Prospect Road;
C. City seeks and County is amenable to City's nonexclusive access and use of the
Revocable License Area to make certain improvements in the Revocable License Area, as set forth
in Exhibit B (the "Improvements"), and to maintain and repair the Improvements, as set forth in
Exhibit C (the "Maintenance Obligations");
D. The Improvements and maintenance thereof will benefit the residents of both
County and City; and
E. City has authorized the appropriate municipal officers to execute this Agreement.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, the Parties agree as follows:
SECTION 1. DEFINITIONS
1.1. Approved Plans means the construction documents and specifications depicting and
defining the Improvements, including all materials to be installed in the Revocable License Area
as referenced in the plans submitted to and approved by the Contract Administrator, and filed
under Project Reference Number 200923004.
1.2. Board means the Board of County Commissioners of Broward County, Florida.
1.3. Contract Administrator means the Director of the Broward County Highway Construction
and Engineering Division, or designee.
Revocable License Agreement n�� ��}}.�� Page 1 of 11
City of Tamarac Approved BCC 2 4
Submitted 9y - .1
RETURN TO DOCUMENT CON l
(P I
TR 13726 Exhibit 1
1.4. County Administrator means the administrative head of County as appointed by the
isBoard.
1.5. County Attorney means the chief legal counsel for County, as appointed by the Board.
1.6. Division means the Broward County Highway Construction and Engineering Division.
SECTION 2. GRANT OF REVOCABLE LICENSE
2.1. County hereby grants to City a revocable license for nonexclusive access and use of the
Revocable License Area solely for the purposes of making the Improvements, performing the
Maintenance Obligations, and taking other actions as may be required by this Agreement. The
Improvements must meet County's Minimum Standards Applicable to Public Right -of -Way Under
Broward County Jurisdiction as described in Section 25.1, Exhibit 25.A, of the Broward County
Administrative Code.
2.2. Other than for the purposes identified in this Agreement, City may not use the Revocable
License Area for any other purpose whatsoever without written amendment of this Agreement
executed with the same formalities as this Agreement. City may not permit the Revocable
I i c /ern-. +ram be . cd i r+h-,+. ..II . C!2t„ the +nrmc- of +hic Anrnn + nr -i n.r I-i.eic
administrative rules, or regulations of any applicable governmental entity or agency.
2.3. County shall have full and unrestricted access to the Revocable License Area at all times.
2.4. This Agreement is merely a right to access and use and grants no estate in the Revocable •
License Area to City or any other party.
SECTION 3. CITY'S OBLIGATIONS
3.1. City shall make application to the Division for a permit to perform the Improvements as
set forth in the Approved Plans. City may not proceed with the Improvements until all permits
have been issued and all permit conditions for commencement of the Improvements have been
satisfied.
3.2. The City may not make any alterations to the Improvements without first obtaining a
permit from the Division and the written approval of the Contract Administrator for such
alterations.
3.3. The City shall make the Improvements at its own expense and in accordance with the
Approved Plans and to the Contract Administrator's satisfaction. City shall not be entitled to any
compensation from County for making the Improvements.
3.4. Following City's installation of the Improvements and County's approval of same (as set
forth in Section 4), City shall provide County with signed and sealed certified as -built drawings
and warranties for all work performed as set forth in the Approved Plans.
3.5. Once the Improvements have been made, City shall perform the Maintenance Obligations
at its own expense and in accordance with the requirements set forth in Exhibit C. As part of the
is
Maintenance Obligations, City shall keep the Improvements and the Revocable License Area
Revocable License Agreement Page 2 of 11
City of Tamarac
TR 13726 Exhibit 1
clean, sanitary, and in good condition consistent with industry -standard maintenance standards
• and techniques. The Maintenance Obligations shall include all repair and replacement of
materials due to any cause, including but not limited to normal wear and tear, acts of God,
vandalism, and accidents. City shall promptly replace all defective or unsightly materials, as well
as any materials that the Contract Administrator determines, in his/her reasonable discretion,
should be replaced for safety reasons or because such materials would interfere with any County
property or County operations. All replacements must be approved in writing by the Contract
Administrator.
3.6. If City takes any action or makes any omission that causes or results in alterations or
damage to County property, City shall, at its own expense, restore such property to its condition
before the alterations or damages. If City fails to make such restoration within sixty (60) calendar
days after County's request, County may make the restoration, and then invoice the City for the
costs thereof. City shall pay such invoice within thirty (30) calendar days after receipt.
3.7. If City takes any action or makes any omission that causes or results in alterations to the
Revocable License Area (or any materials on the Revocable License Area), which alterations are
not specified in the Approved Plans, City shall, at its own expense, restore the Revocable License
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writing by the Contract Administrator. If City fails to make such restoration within sixty (60)
calendar days after County's request, County may make the restoration, and then invoice the City
for the costs thereof. City shall pay such invoice within thirty (30) calendar days after receipt.
. 3.8. If City takes any action or makes any omission that causes or results in damage to the
Revocable License Area (or any materials on the Revocable License Area), City shall, at its own
expense, repair such damage. If City fails to make such repairs within sixty (60) calendar days
after County's request, County may make the repairs, and then invoice the City for the cost
thereof. City shall pay such invoice within thirty (30) calendar days after receipt.
3.9. If the Revocable License Area is serviced by any utilities (including but not limited to
electricity, water, sewage, or gas), City shall be solely responsible for the cost of such utilities.
3.10. If the License Area contains an irrigation or water pump system, City shall maintain and
repair same in compliance with the requirements set forth in Exhibit C and all applicable rules
and regulations of the South Florida Water Management District.
3.11. City shall provide the Contract Administrator with immediate verbal notice, followed by
written notice (in the manner set forth in Section 7 of this Agreement), of any condition on the
Revocable License Area that might present a risk of damage to the Revocable License Area or
adjacent property, or might pose a risk of injury to any person.
3.12. City shall also provide the Contract Administrator with immediate verbal notice, followed
by prompt written notice (in the manner set forth in Section 7 of this Agreement), of any damage
to the Revocable License Area or any injury to any person on the Revocable License Area.
3.13. City may retain a third party to make the Improvements and/or perform the Maintenance
Obligations. If City retains a third party for such purpose(s), City shall enter into a written contract
Revocable License Agreement Page 3 of 11
City of Tamarac
TR 13726 Exhibit 1
with the third party under which the third party agrees to make the Improvements and/or
• perform the Maintenance Obligations in accordance with the requirements of this Agreement.
City shall provide the Contract Administrator with a copy of any such contract(s).
Notwithstanding City's use of any third party, City shall remain obligated to make the
Improvements and perform the Maintenance Obligations if the third party does not. City may
not relieve itself of any of its obligations under this Agreement by contracting with a third party.
SECTION 4. COUNTY'S OBLIGATIONS
4.1. County shall review the Approved Plans to determine whether to issue a permit for the
Approved Plans and shall issue a permit only if the Approved Plans comply with all applicable
County permitting requirements.
4.2. County shall inspect the Improvements and may reject work that does not conform to the
Approved Plans.
4.3. After receiving signed and sealed certified as -built drawings that the Improvements are
in conformance with the Approved Plans, and receiving request for a final inspection, County
shall perform a final inspection of the Improvements and notify City of County's final approval or
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4.4. County shall have no further obligations under this Agreement other than those stated in
this Section but may exercise any and all rights it has under this Agreement.
• SECTION S. RISK OF LOSS
All Improvements not permanently affixed to the Revocable License Area shall remain the
property of City, and all risk of loss for the Improvements (whether permanently affixed or not)
shall be City's risk alone. However, City may not remove, replace or alter any of the
Improvements without the Contract Administrator's written consent and any required
permitting.
•
SECTION 6. TERM AND TERMINATION
6.1. This Agreement shall begin on the Effective Date and continue in perpetuity unless
terminated as provided in this Section.
6.2. This Agreement may be terminated for cause by County if City breaches any of its
obligations under this Agreement and has not corrected the breach within thirty (30) calendar
days after receipt of written notice identifying the breach. County may, at the option of the
Contract Administrator, cause such breach to be corrected and invoice City for the costs of the
correction or may terminate this Agreement. If County opts to correct the breach and invoice
City for the costs of correction, City shall pay such invoice within thirty (30) calendar days after
receipt. If County erroneously, improperly, or unjustifiably terminates for cause, such
termination shall, at County's sole election, be deemed a termination for convenience, which
shall be effective thirty (30) calendar days after such notice of termination for cause is provided.
Revocable License Agreement Page 4 of 11
City of Tamarac
TR 13726 Exhibit 1
6.3. This Agreement may be terminated for convenience by the Board. Termination for
. convenience by the Board shall be effective on the termination date stated in the written notice
provided by County to City, which termination date shall not be less than thirty (30) calendar days
after the date of such written notice.
6.4. This Agreement may also be terminated by the County Administrator upon such notice as
the County Administrator deems appropriate if the County Administrator determines that
termination is necessary to protect the public health or safety. Termination under this section
shall be effective on the date County provides notice to the City of such termination.
6.5. Upon termination of this Agreement, City shall peaceably surrender its use of the
Revocable License Area.
6.6. If County terminates this Agreement, City shall remove all Improvements, materials and
equipment installed or placed in the Revocable License Area by City, unless the Contract
Administrator, in writing, authorizes City to leave any such Improvements, materials, or
equipmentin the Revocable License Area. In addition, City shall be obligated tc repair any
damage to the Revocable License Area resulting from the removal of any Improvements,
materials, and equipment. If City fails to comply with these removal and/or repair obligations
within thirty (30) days of termination, County may perform them, and then invoice City for the
cost thereof. City shall pay the invoice within thirty (30) calendar days after receipt.
6.7. If County terminates this Agreement, City shall restore the Revocable License Area to its
• condition before the Improvements or to such condition as approved in writing by the Contract
Administrator. If City fails to make such restorations within thirty (30) days of termination,
County may make them and then invoice City for the costs thereof. City shall pay such invoice
within thirty (30) calendar days after receipt.
6.8. County shall have no obligation to compensate City for any loss resulting from or arising
out of the termination of this Agreement.
6.9. If tree mitigation is required as a result of termination of this Agreement, City must obtain
a Broward County Environmental Licensing and Building Permitting Division, Tree Preservation
Program Agreement required by Chapter 27, Article XIV, Sections 27-401 through 27-414 of the
Broward County Tree Preservation and Abuse Ordinance, as may be amended from time to time,
to provide for relocation, removal, and replacement per the tree removal Agreement
requirements at City's sole cost and expense.
6.10. Notice of termination shall be provided in accordance with the Section 7 of this
Agreement, except that notice of termination by the County Administrator, pursuant to Section
6.4 of this Agreement may be verbal notice that shall be promptly confirmed in writing in
accordance with Section 7 of this Agreement.
SECTION 7. NOTICES
Whenever either party desires or is required to give notice to the other, such notice must be in
writing, sent by certified United States Mail, postage prepaid, return receipt requested, or sent
• by commercial express carrier with acknowledgement of delivery, or by hand -delivery with a
Revocable License Agreement Page 5 of 11
City of Tamarac
TR 13726 Exhibit 1
request for a written receipt of acknowledgment of delivery, together with a contemporaneous
• email, addressed to the party for whom it is intended at the place last specified in this Section.
The manner in which and persons to whom notice shall be provided will remain the same unless
and until changed in writing in accordance with this Section. The Parties respectively designate
the following persons for receipt and issuance of notice:
FOR COUNTY:
Assistant Director, Broward County Highway Construction and Engineering Division
One North University Drive, Suite 300E
Plantation, FL 33324-2038
Email: bterrier@broward.org
FOR CITY:
Kathleen Gunn, City Manager
City of Tamarac
7525 NW 88th Avenue
Tamarac, FL 33321
Email: Kathleen.Gunn@Tamarac.org
SECTION 8. INDEMNIFICATIO
8.1. County and City are entities subject to Section 768.28, Florida Statutes, as may be
. amended from time to time, and agree to be fully responsible for the negligent or wrongful acts
and omissions of their respective agents or employees to the extent permitted bylaw. Nothing
herein is intended to serve as a waiver of sovereign immunity by any party to which sovereign
immunity may be applicable. Nothing herein shall be construed as consent by either party to be
sued by third parties in any matter arising out of this Agreement or any other contract.
8.2. If City contracts with a third party to perform any of City's obligations under this
Agreement, City shall enter into a contract with such third party, which contract shall include
the following provision:
Indemnification: Contractor shall indemnify and hold harmless Broward County, and all
of Broward County's current, future, and former officers, agents, servants, and employees
(collectively, "Indemnified Party") from and against any and all causes of action, demands,
claims, losses, liabilities, and expenditures of any kind, including attorneys' fees, court
costs, and expenses (collectively, a "Claim"), raised or asserted by any person or entity
not a party to this Agreement, which Claim is caused or alleged to be caused in whole or
in part, by any intentional, reckless, or negligent act or omission of contractor, its current
or former officers, employees, agents, servants or assigns, arising from, relating to, or in
connection with this Agreement. If any Claim is brought against an Indemnified Party,
contractor shall, at its own expense, upon written notice from Broward County, defend
each Indemnified Party against each such Claim by counsel satisfactory to Broward
County, or, at the option of Broward County, pay for an attorney selected by the County
• Attorney to defend the Indemnified Party.
Revocable License Agreement Page 6 of 11
City of Tamarac
TR 13726 Exhibit 1
8.3. The provisions of this Section 8 shall survive the expiration or earlier termination of this
. Agreement.
SECTION 9. INSURANCE
9.1. City is a governmental entity and is fully responsible for the negligent or wrongful acts
and omissions of its agents or employees, subject to any applicable limitations of Section 768.28,
Florida Statutes.
9.2. Within five (5) calendar days after request by County, City must provide County with
written verification of liability protection that meets or exceeds any requirements of Florida law.
If City holds any excess liability coverage, City must ensure that Broward County is named as an
additional insured and certificate holder under such excess liability policy and provide evidence
of same to County.
9.3. If City maintains broader coverage or higher limits than the minimum coverage required
under Florida law, County shall be entitled to such broader coverage and higher limits on a
primary and non-contributory basis.
9.4. The foregoing requirements shall apply to City's self-insurance, if any.
9.5. If City contracts with one or more third parties to perform any of City's obligations set
forth herein, City shall require that each third party procure and maintain insurance coverage
that adequately covers the third party's exposure based on the services provided by that third
is parties
(and any subcontractors retained by the third party). City must ensure that all such third
parties name "Broward County, Florida" as an additional insured and certificate holder under
the applicable insurance policies. City shall not permit any third party to provide services
required by this Agreement until the insurance requirements of the third party under this
Section are met. If requested by County, City shall furnish evidence of all insurance required by
this Section.
9.6. County reserves the right to periodically review any and all insurance policies required
by this Agreement and to reasonably adjust the limits and/or types of coverage required herein,
from time to time throughout the term of this Agreement.
SECTION 10. MISCELLANEOUS
10.1. Independent Contractor. City is an independent contractor under this Agreement. In
performing under this Agreement, neither City nor its agents shall act as officers, employees, or
agents of County. City has no power or right to bind County to any obligation not expressly
undertaken by County under this Agreement.
10.2. Third Party Beneficiaries. Neither City nor County intends to directly or substantially
benefit a third party by this Agreement. Therefore, the Parties acknowledge that there are no
third -party beneficiaries to this Agreement and that no third party shall be entitled to assert a
right or claim against either of them based upon this Agreement.
Revocable License Agreement Page 7 of 11
City of Tamarac
TR 13726 Exhibit 1
10.3. Assignment and Performance. Neither this Agreement nor any right or interest herein
• may be assigned, transferred, or encumbered by City without the prior written consent of
County, which consent may be withheld in County's sole discretion. City represents that each
person and entity that will perform services under this Agreement is duly qualified to perform
such services by all appropriate governmental authorities, where required, and is sufficiently
experienced and skilled in the area(s) for which such person or entity will render services. City
agrees that all services under this Agreement will be performed in a skillful and respectful
manner, and that the quality of all such services will equal or exceed prevailing industry
standards for the provision of such services.
10.4. Materiality and Waiver of Breach. Each requirement, duty, and obligation set forth
herein was bargained for at arm's-length and is agreed to by the Parties. Each requirement,
duty, and obligation set forth herein is substantial and important to the formation of this
Agreement, and each is, therefore, a material term of this Agreement. County's failure to
enforce any provision of this Agreement will not be deemed a waiver of such provision or
modification of this Agreement. A. waiver of any breach of a provision of this Agreement will
not be deemed a waiver of any subsequent breach and will not be construed to be a
modification of the terms of this Agreement.
10.5. Compliance with Laws. City shall comply with all applicable federal, state, and local laws,
codes, ordinances, rules, and regulations in performing its duties, responsibilities, and
obligations pursuant to this Agreement.
• 10.6. Entire Agreement. This Agreement constitutes the entire agreement between the
Parties with respect to its subject matter. It may not be modified or terminated except as
provided in this Agreement. If any provision is deemed invalid by a court of competent
jurisdiction, it shall be considered severed from this Agreement, and such severance shall not
invalidate the remaining provisions.
10.7. Joint Preparation. This Agreement has been jointly prepared by the Parties and will not
be construed more strictly against either party.
10.8. Interpretation. The headings contained in this Agreement are for reference purposes
only and do not affect in any way the meaning or interpretation of this Agreement. All personal
pronouns used in this Agreement include the other gender, and the singular includes the plural,
and vice versa, unless the context otherwise requires. Terms such as "herein," "hereof,"
"hereunder," and "hereinafter," refer to this Agreement as a whole and not to any particular
sentence, paragraph, or section where they appear, unless the context otherwise requires.
Whenever reference is made to a section of this Agreement, such reference is to the section as
a whole, including all of the subsections of such section, unless the reference is made to a
particular subsection.
10.9. Priority of Provisions. If there is a conflict or inconsistency between any term, statement,
requirement, or provision of any Exhibit attached hereto or referenced or incorporated herein
and any provision in this Agreement, the provisions contained in this Agreement shall prevail
and be given effect.
Revocable License Agreement Page 8 of 11
City of Tamarac
TR 13726 Exhibit 1
10.10. Law, Jurisdiction, Venue, Waiver of Jury Trial. This Agreement will be interpreted and
• construed in accordance with and governed by the laws of the State of Florida. The Parties agree
that the exclusive venue for litigation arising from, related to, or in connection with this
Agreement shall be in the state courts of the Seventeenth Judicial Circuit in and for Broward
County, Florida. If any claim arising from, related to, or in connection with this Agreement must
be litigated in federal court, the Parties agree that the exclusive venue for such lawsuit shall be
in the United States District Court or United States Bankruptcy Court for the Southern District
of Florida. BY ENTERING INTO THIS AGREEMENT, CITY AND COUNTY HEREBY EXPRESSLY
WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION
RELATED TO THIS AGREEMENT.
10.11. Amendments. No modification, amendment, or alteration in the terms or conditions
contained herein will be effective unless contained in a written document prepared with the
same or similar formality as this Agreement and executed by the Parties.
10.12. Incorporation by Reference. Any and all Recital clauses stated above are true and correct
and are incorporated by reference. The attached Exhibits are incorporated into and made a part
of this Agreement.
10.13. Representation of Authority. Each individual executing this Agreement on behalf of a
party represents and warrants that he or she is, on the date he or she signs this Agreement, duly
authorized by all necessary and appropriate action to execute this Agreement on behalf of such
party and does so with full legal authority.
• 10.14. Counterparts and Multiple Originals. This Agreement may be executed in multiple
originals, and may be executed in counterparts, each of which will be deemed to be an original,
but all of which, taken together, will constitute one and the same agreement.
•
10.15. Nondiscrimination. No party to this Agreement may discriminate on the basis of race,
color, sex, religion, national origin, disability, age, marital status, political affiliation, sexual
orientation, pregnancy, or gender identity and expression in the performance of this
Agreement.
10.16. Time of the Essence. Time is of the essence for City's performance of all obligations
under this Agreement.
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Revocable License Agreement Page 9 of 11
City of Tamarac
IN WITNESS WHEREOF, the Parties hereto have made and executed this Agreement: BROWARD
COUNTY through its BOARD OF COUNTY COMMISSIONERS, signing by and through it5_Mayor or
Vice -Mayor, authorized to execute same by Board action on the � day of
rugUX �- 20� and City of Tamarac, signing by and through its
Mayor , duly authorized to execute same.
ATTEST:
Bro rd Coun y Ad ' trator, as
ex o Icio Clerk of the Broward County
Board of County Commissioners
`�ttttttIIIIIIjjj1
o M'MIS�f�f/Z j,
` A,. p f.
2 ' • CREATED 2
O OCT 1st a
=v ;0� 1915
• 0 i,
tro
�rrrltr IttNttt
County
BROWARD C it TY, by and th ug
its Board o o my Commis ' ners
By
Mayor/Vice-Mayor
ay of , 20�
Approved as to form by
Andrew J. Meyers
Broward County Attorney
Governmental Center, Suite 423
115 South Andrews Avenue
Fort Lauderdale, Florida 33301
Telephone: (954) 357-7600
Telecopier: (954) 357-7641
By lvo Digitally signed by Al A DiCalvo
Al A DiCa
Date: 2022.02.22 17:10:09
05'00'
Al A DiCalvo (Date)
Senior Assistant Count}, Attorney
Michael J. KerrDigitally signed by Michael J. Kerr
Date: 2022.02.22 17:31:53-05'00'
By
Michael J. Kerr (Date)
Deputy County Attorney
AAD
Tamarac Two -Party RLA(ProspectRd-BufferWall)_v7Final-2021-1215
12/15/21
Revocable License Agreement
City of Tamarac
Page 10 of 11
TR 13726 Exhibit 1
•
•
•
REVOCABLE LICENSE AGREEMENT BETWEEN BROWARD COUNTY
AND THE CITY OF TAMARAC
ATTEST:
Ci Cler
(Pri orTyp ame)
(SEAL)
"N,`++►lii,r,,,, i
9F TAMq
A,
ESTABLISHED : Q
�T• 1963 •O=
:0�•. SEAL
Revocable License Agreement
City of Tamarac
City
01;
c
CITY OF TAMARC
By -
ayor-Commissione
City Manager
kA*Cw (fv-"m
(Print or Type Name)
Page 11 of 11
TR 13726 Exhibit 1
EXHIBIT A
SKETCH & DESCRIPTION
2.51 BUFFER WALL REVOCABLE LICENSE AREA - WEST SECTION
DESCRIPTION:
A 2.50 FEET WIDE STRIP OF LAND LYING WITHIN THE RIGHT-OF-WAY OF PROSPECT ROAD, SECTION 16,
TOWNSHIP 49 SOUTH, RANGE 42 EAST, AND LYING WITHIN THE RIGHT-OF-WAY OF NORTHWEST 19TH
TERRACE, TAMARAC LAKES SECOND SECTION, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN
PLAT BOOK 59, PAGE 46, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA.
BEGINNING AT THE SOUTHEAST CORNER OF LOT 1, BLOCK 10, OF THE AFORESAID PLAT OF TAMARAC
LAKES SECOND SECTION; THENCE NORTH 38013'23" EAST ALONG THE EAST LINE OF SAID LOT 1 AND THE
WEST RIGHT-OF-WAY LINE OF NORTHWEST 19TH TERRACE, A DISTANCE OF 21.54 FEET; THENCE SOUTH
51°46'37" EAST, A DISTANCE OF 2.50 FEET TO A POINT ON A LINE LYING AND BEING 2.50 FEET EAST OF
AND PARALLEL WITH THE EAST LINE OF SAID LOT 1 AND THE WEST RIGHT-OF-WAY LINE OF NORTHWEST
19TH TERRACE; THENCE SOUTH 38013'23" WEST ALONG SAID PARALLEL LINE, A DISTANCE OF 23.08 FEET
TO A POINT ON A LINE LYING AND BEING 2.50 FEET SOUTH OF AND PARALLEL WITH THE NORTH
RIGHT-OF-WAY LINE OF PROSPECT ROAD; THENCE NORTH 78*20'31" WEST ALONG SAID PARALLEL LINE,
A DISTANCE OF 273.08 FEET; THENCE NORTH 11035'11" EAST, A DISTANCE OF 2.50 FEET TO A POINT ON
THE NORTH RIGHT-OF-WAY LINE OF PROSPECT ROAD; THENCE SOUTH 78'20'31" EAST ALONG SAID
NORTH RIGHT-OF-WAY LINE, A DISTANCE OF 271.54 FEET TO THE POINT OF BEGINNING, WITH A PORTION
OF THE LAST CALL BEING ALONG THE SOUTH LINE OF THE AFORESAID BLOCK 10.
SAID LANDS SITUATE LYING AND BEING IN THE CITY OF TAMARAC, BROWARD COUNTY, FLORIDA,
CONTAINING 736 SQUARE FEET, MORE OR LESS.
NOTES:
1. THIS IS NOT A MAP OF BOUNDARY SURVEY, BUT IS A GRAPHIC DEPICTION OF THE DESCRIPTION SHOWN HEREON.
2. NO MONUMENTATION WAS SET DURING THE PREPARATION OF THIS INSTRUMENT.
3. THE UNDERSIGNED & DJS SURVEYORS, INC., MAKE NO REPRESENTATIONS OR GUARANTEES AS TO THE INFORMATION
REFLECTED HEREON PERTAINING TO EASEMENTS, RIGHTS -OF -WAY, SETBACK LINES, AGREEMENTS AND OTHER MATTERS,
AND FURTHER, THIS INSTRUMENT IS NOT INTENDED TO REFLECT OR SET FORTH SUCH MATTERS. SUCH INFORMATION
SHOULD BE OBTAINED AND CONFIRMED BY OTHERS THROUGH APPROPRIATE TITLE VERIFICATION_ LANDS SHOWN HEREON
WERE NOT ABSTRACTED FOR RIGHTS -OF -WAY AND/OR EASEMENTS RECORD.
4. BEARINGS SHOWN HEREON ARE BASED ON THE NORTH RIGHT-OF-WAY LINE OF PROSPECT ROAD HAVING AN ASSUMED
BEARING OF S 78°20'31" E.
5. THIS SKETCH AND DESCRIPTION CONSISTS OF TWO (2) SHEETS AND IS NOT COMPLETE WITHOUT ALL SHEETS.
6. THE SKETCH AND DESCRIPTION IS NOT VALID UNLESS IT BEARS THE SIGNATURE AND SEAL OF THE CERTIFYING SURVEYOR.
f ADDRESS COMMENTS I 10/26/21 I RM ! DS I '
REVISIONS DATE BY ( CHKD I F.B./PG.
DJS SURVEYORS, INC.
PROFESSIONAL SURVEYORS AND MAPPERS
20283 STATE ROAD 7, SUITE 200
BOCA RATON, FL 33498
PH. 561.883.0470, FX. 561.883.0480
CERTIFICATE OF AUTHORIZATION NO. LB 7870
www.dissurveyors_com
voT VALID wmlo 4422
STAMPED SEALSURV
"'
-
DONALD J. AN OF
PROFESSIOfk'
FLORIDA REGI WW4k
DATED 10/26/2
s JOB No- 21-905 WEST
FB/PG: 00/00
SHEET No:
WEST
1 /2
DRAWN BY: RM
CKD_ BY. D.J_S.
SCALE: N/A
TR 13726 Exhibit 1
EXHIBIT A
SKETCH & DESCRIPTION
2.5BUFFER WALL REVOCABLE LICENSE AREA - WEST SECTION
I
I
I
PLAT LIMITS
I 6
6' U.E.
I
I
I
2.50,
N 11 °35'11" E N 7g 203j" Ins
0
u
co
ru
Lu
v
r< rn
mV
060
u, a
z
u. ro
vQ
I 1 'VEST R/W tINhIEAST t,IVE OF
4 � � 3 2 F Nw 1gTH ��R�C�
TAM :
/ SECO p S L4KES €
1 �P g• 59 rl0Af
E'G. 46, B.C_R.) 10 U.E.
p PLAT LIMITS
PROsp SPELT
EC7Etp ROAD NORTH RNV LINE
R_OgD (PLAT) PLAT
ROAD
SUBJECT LAND
736 SF
BLOCK 10
' 21.54' 25.00,
N 38'13'23" E
271,54, W
N o 273,0g _ ry� J=
o P.O.B. fo —
SE CORNER
OF LOT 1 v� 2
23.08' J
S 38°13'23" W
LEGEND:
B. C. R.
P. B.
BRDWARD COUNTY RECORDS
PLAT BOOK
0
50
100
PG.
PAGE
CENTERLINE
r—
R/W
RIGHT-OF-WAY
25 75
P. O. B.
POINT OF BEGINNING
U. E.
S. L. E.
UTILITY EASEMENT
STREET LIGHT EASEMENT
SCALE: 1"=50'
REVISIONS
DATE
BY
CHKD
F.BJPG.
DJS SURVEYORS, INC.
JOB No:
21-905 WEST
FBrPc_ o7D.J.S-
SHEET No:
WEST
PROFESSIONAL SURVEYORS AND MAPPERS
� - 20283 STATE ROAD 7, SUITE 200
BOCA RATON, FL 33498
PH_ 561.883.0470. Fk 561.883.0480
J� CERTIFICATE OF AUTHORIZATION NO_ LB 7870
DRAWN BM
CKD. BY:
SCALE:
1" = 59
www_djssurveyors.com
TR 13726 Exhibit 1
EXHIBIT A
SKETCH & DESCRIPTION
2.51 BUFFER WALL REVOCABLE LICENSE AREA - MID SECTION
DESCRIPTION:
A 2.50 FEET WIDE STRIP OF LAND LYING WITHIN THE RIGHT-OF-WAY OF PROSPECT ROAD, SECTION 16, TOWNSHIP
49 SOUTH, RANGE 42 EAST, LYING WITHIN THE RIGHT-OF-WAY OF NORTHWEST 16TH WAY, TAMARAC LAKES,
ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 58, PAGE 40, AND LYING WITHIN THE
RIGHT-OF-WAY OF NORTHWEST 19TH TERRACE, TAMARAC LAKES SECOND SECTION, ACCORDING TO THE PLAT
THEREOF, AS RECORDED IN PLAT BOOK 59, PAGE 46, ALL OF THE PUBLIC RECORDS OF BROWARD COUNTY,
FLORIDA.
BEGINNING AT THE SOUTHWEST CORNER OF LOT 8, BLOCK 9 OF THE AFORESAID PLAT OF TAMARAC LAKES
SECOND SECTION; THENCE SOUTH 78°20'31" EAST ALONG THE NORTH RIGHT-OF-WAY LINE OF PROSPECT ROAD, A
DISTANCE OF 1,414.16 FEET TO THE SOUTHEAST CORNER OF LOT 1, BLOCK 7 OF THE AFORESAID PLAT OF TAMARAC
LAKES WITH A PORTION OF THE LAST CALL BEING ALONG THE SOUTH LINE OF THE AFORESAID BLOCKS 7 AND 9;
THENCE NORTH 38°13'23" EAST ALONG THE EAST LINE OF SAID LOT 1 AND THE WEST RIGHT-OF-WAY LINE OF
NORTHWEST 16TH WAY, A DISTANCE OF 22.00 FEET; THENCE SOUTH 50"48'05" EAST, A DISTANCE OF 2.50 FEET TO A
POINT ON A LINE LYING AND BEING 2.50 FEET EAST OF AND PARALLEL WITH THE EAST LINE OF SAID LOT 1 AND THE
WEST RIGHT-OF-WAY LINE OF NORTHWEST 16TH WAY; THENCE SOUTH 38'1323" WEST ALONG SAID PARALLEL LINE,
A DISTANCE OF 23.50 FEET TO A POINT ON A LINE LYING AND BEING 2.50 SOUTH OF AND PARALLEL WITH THE NORTH
RIGHT-OF-WAY LINE OF PROSPECT ROAD; THENCE NORTH 78°20'31" WEST ALONG SAID PARALLEL LINE, A DISTANCE
OF 1,417.25 FEET TO A POINT ON A LINE LYING AND BEING 2.50 FEET WEST OF AND PARALLEL WITH THE WEST LINE
OF THE AFORESAID LOT 8, BLOCK 9 AND THE EAST RIGHT-OF-WAY LINE OF NORTHWEST 19TH TERRACE; THENCE
NORTH 14"54'25" WEST ALONG SAID PARALLEL LINE, A DISTANCE OF 23.08 FEET; THENCE NORTH 75°05'35" EAST, A
DISTANCE OF 2.50 FEET TO A POINT ON THE WEST LINE OF SAID LOT 8 AND THE EAST RIGHT-OF-WAY LINE OF
NORTHWEST 19TH TERRACE; THENCE SOUTH 14°54'25" EAST ALONG SAID WEST LINE, A DISTANCE OF 21.54 FEET TO
THE POINT OF BEGINNING.
SAID LANDS SITUATE LYING AND BEING IN THE CITY OF TAMARAC, BROWARD COUNTY, FLORIDA, CONTAINING 3,652
SQUARE FEET MORE OR LESS
NOTES:
1. THIS IS NOT A MAP OF BOUNDARY SURVEY, BUT IS A GRAPHIC DEPICTION OF THE DESCRIPTION SHOWN HEREON.
2. NO MONUMENTATION WAS SET DURING THE PREPARATION OF THIS INSTRUMENT.
3_ THE UNDERSIGNED & DJS SURVEYORS, INC., MAKE NO REPRESENTATIONS OR GUARANTEES AS TO THE INFORMATION
REFLECTED HEREON PERTAINING TO EASEMENTS, RIGHTS -OF -WAY, SETBACK LINES, AGREEMENTS AND OTHER MATTERS,
AND FURTHER, THIS INSTRUMENT IS NOT INTENDED TO REFLECT OR SET FORTH SUCH MATTERS. SUCH INFORMATION
SHOULD BE OBTAINED AND CONFIRMED BY OTHERS THROUGH APPROPRIATE TITLE VERIFICATION. LANDS SHOWN HEREON
WERE NOT ABSTRACTED FOR RIGHTS -OF -WAY AND/OR EASEMENTS RECORD.
4. BEARINGS SHOWN HEREON ARE BASED ON THE NORTH RIGHT-OF-WAY LINE OF PROSPECT ROAD HAVING AN ASSUMED
BEARING OF S 78"20'31" E.
5. THIS SKETCH AND DESCRIPTION CONSISTS OF SIX (6) SHEETS AND IS NOT COMPLETE WITHOUT ALL SHEETS.
6. THE SKETCH AND DESCRIPTION IS NOT VALID UNLESS IT BEARS THE SIGNATURE AND SEAL OF THE CERTIFYING SURVEYOR.
ADDRESS COMMENTS 10/26/21 RM DS
REVISIONS DATE BY CHKD I F.B./PG.
DJS SURVEYORS, INC. STAM VALID AL �o JOB No: 21-905 MID
PROFESSIONAL SURVEYORS AND MAPPERS a Q. 2' $�9 �6e
FB/PG: 00/00
€„ 20283 STATE ROAD 7, SUITE 200 e $ SHEET No:
BOCA RATON, FL 33498
DRAWN BY: RM M I D
PH_ 561.883.0470, FX. 561.883.0480 DONALD J_ e ;w OF _ 1 /6
CERTIFICATE OF AUTHORIZATION NO. LB 7870 PROFESSIONFib Z CKD. BY: D.J.S.
FLORIDA REGI NdJt3.'.,.a�
www_djssurveyors.com DATED 10/26/2 SCALE: N/A
TR 13726 Exhibit 1
EXHIBIT A
SKETCH & DESCRIPTION
2.51 BUFFER WALL REVOCABLE LICENSE AREA - MID SECTION
WEST LINE
OF
EAST �LLu INEOFNW19pHT
= ERRgCE
� N w
tt'
c;A P.O.B. co25,00
SW CORNE -�
�
�I
co OF LOT 8 U
W
8 ill;
u Qi
TAMA RAC
, ai C•i
EC KES Y
�P'8 59 PG S CTIpN o
lD
� No
6
z�
5 6 B•C,R� o g
'LL
` `
2
` ` S 7go2p31^E �v a
BLOCK � 3
2 23.
N 140 25 N 78'20'3j„
-� '` `
2'
W
V1r �-
o
i
_
`
W
`'-
SUBJECT LAN3651 D NORTH RAN LINE o
_ 141 4�16'
'
W
PROSPECT ROAD N
o 1417.25•
�
[n
PLAT LIMITS
PSPEe
PR(DPRO ROAD
I
F pT
Z
ROAp
(PLAT
' J
'U
H
Q
LEGEND:
,
B.C.R.
BROVARD COUNTY RECORDS
P. B.
PG.
PLAT BOOK 0
PAGE
50 100
CENTERLINE
R/V
RIGHT -OF -NAY
25 75
P. 0. B.
POINT OF BEGINNING
U.E.
UTILITY EASEMENT
S. L. E.
STREET LIGHT EASEMENT
SCALE: 1"=50'
ADDRESS COMMENTS
10/26/21
RM
DS
REVISIONS
I DATE
BY
CHKD
F.BJPG.
JOB No: 21-905 MID
DJS SURVEYORS, INC.
PROFESSIONAL SURVEYORS AND MAPPERS
FB/PG: 00l00
20283 STATE ROAD 7, SUITE 200
SHEET No:
M I D
BOCA RATON, FL 33498
PH.561.883.0470, FX.561.883-0480
DRAWN BY: RM
2/6
CKD. BY: D.J.S.
CERTIFICATE OF AUTHORIZATION NO_ LB 7870
SCALE: 1" = 50'
www.djssurveyors.com
TR 13726 Exhibit 1
EXHIBIT A
SKETCH & DESCRIPTION
2.51 BUFFER WALL REVOCABLE LICENSE AREA - MID SECTION
ti
❑ 1
u,
co
SECOND sE ICES �
N
�p B• 5g, PG 46CTION tW m
2 C.R.�m I
W
1
BLocK 9 w a 4
Ij
W
h
Cv a I
LEGEND:
B. C. R.
P. B.
PG,
R/W
P. 0. B.
U. E.
S. L. E.
PLAT LIMITS
—PLAT LIMITS
S 78°2031 `22�E
N
NORTH R/W LINE-/ o
PROSPECT ROAD q
ACREAGE
T PRO
PRpSPEC F EEC7 ROAD
LROAD (PLAT)
BROWARD COUNTY RECORDS
PLAT BOOK
PAGE
CENTERLINE
RIGHT-OF-WAY
POINT OF BEGINNING
UTILITY EASEMENT
STREET LIGHT EASEMENT
SUBJECT LAND
3651 SF
0
50
100
25
75
SCALE: 1"=50'
ADDRESS COMMENTS
10/26/21
RM
DS
REVISIONS
I DATE
BY
CHKD
F.BJPG.
JOB No:
21-905
MID
DJS SURVEYORS, INC.
M PROFESSIONAL SURVEYORS AND MAPPERS
FB/PG: 00/00
20283 STATE ROAD 7, SUITE 200
SHEET No:
MID
BOCA RATON, FL 33498
PH_ 561.883.0470, FX_ 561.883.0480
DRAWN BY:
RM
3/6
CKD. BY: D.J.S.
CERTIFICATE OF AUTHORIZATION NO. LB 7870
SCALE: 1' = 50'
www_djssurveyors_com
TR 13726 Exhibit 1
EXHIBIT A
SKETCH & DESCRIPTION
2.51 BUFFER WALL REVOCABLE LICENSE AREA - MID SECTION
J�
U�SUBJEC 6LAND
51
351 SF SF
Q�
�1
LEGEND:
NORTH R/W LINE -
PROSPECT ROAD
B. C. R.
BROWARD COUNTY RECORDS
P. B.
PLAT BOOK
PG.
PAGE
CENTERLINE
R/W
RIGHT-OF-WAY
P. 0. B.
POINT OF BEGINNING
U. E.
UTILITY EASEMENT
S. L. E.
STREET LIGHT EASEMENT
ACREAGE
PR'- ECT ROAD
1
LL
10
In
'W
1414,16' '
1417.25, In
W
Z
'J
U
�Q
1�
0
50
100
25
75
1
SCALE: 1 "=50'
ADDRESS COMMENTS
1 10/26/21
DSREVISIONS
DATECHKD
Li±
I F.B./PG.
DJS SURVEYORS, INC.
JOB No: 21-905 MID
PROFESSIONAL SURVEYORS AND MAPPERS
20283 STATE ROAD 7, SUITE 200
BOCA RATON, FL 33498
PH. 561-883.0470. FX_ 561.883.0480
CERTIFICATE OF AUTHORIZATION NO. LB 7870
FB/PG: 00/00
SHEET No:
MID
4/ A
(`r•,�j
DRAWN BY: RM
CKD. BY: D_J_S.
SCALE: 1" = 50'
www.djssurveyors_com
TR 13726 Exhibit 1
EXHIBIT A
SKETCH & DESCRIPTION
2.51 BUFFER WALL REVOCABLE LICENSE AREA - MID SECTION
PLAT LIMITS
10 BLOCK 7I /
10,
V E l
N7g203j„W L
NORTH R/W LINE
PROSPECT ROAD o
LEGEND:
B. C. R.
BROVARD COUNTY RECORDS
P. B.
PLAT BOOK
PG.
PAGE
CENTERLINE
R/Y
RIGHT-OF-YAY
P. O. B.
POINT OF BEGINNING
U. E
UTILITY EASEMENT
S.L.E.
STREET LIGHT EASEMENT
Lu
a
'
W v o
LL Ca m
TgMgRqC
(P. B 58
mLjL ero
PG 40 f3 C R. ,
IL
Lu
8 as 0 Lu 0-2
w
/ / 6 s_./
' t0
N a
--/ 10-E. 5
ems'
f-
L�
3"�i S.L.E. l /
w
'
w_
`_J L1414.16'
o
a'
N
1417.25,
F'RDEC Z
PLAT LIMITS w
`SPEC ELD RRDQD D J
(Pt q7-) SUBJECT LAND '
3651 SF
U
1Q
137
0
50
100
25
75
SCALE: 1 "=50'
ADDRESS COMMENTS
10/26/21
RM
DS
REVISIONS
DATE
BY
CHKD
I F.B-/PG,
JOB NO: 21-905 MID
DJS SURVEYORS, INC.
PROFESSIONAL SURVEYORS AND MAPPERS
FB/PG: 00/00
20283 STATE ROAD 7, SUITE 200
14:
SHEET No:
MID
BOCA RATON, FL 33498
PH- 561_883.0470, FX. 561-883-0480
DRAWN BY: RM
5/ '�
CKD- BY: D.J.S-
CERTIFICATE OF AUTHORIZATION NO. LB 7870
SCALE: 1" = 59
www.djssurveyors.com
TR 13726 Exhibit 1
EXHIBIT A
SKETCH & DESCRIPTION
2.51 BUFFER WALL REVOCABLE LICENSE AREA - MID SECTION
0 1
L ~
z
w
0co
WEST llv OF
� NEOF
'VW g T 1 qND
n� T
LL HW
W j o I I (p•g.�Ap C DES Y AY
roa 40
W'
e C•R•) p
= W a 4 I I
z —1 l� 3 I I ILu o N
3y sS'L.E, � �2 €
LI.I' <vQ.1p2 00 CO '
w z 25•00
Z ,?
` J S 78°2p31„ o O W
J N 78"20'31.� W ` "E "' o
_
PLAT LIMITS �414.16' N,v (-3LJ
U NORTH RAN LINE o 0 14j7.25' M � Q
I-- PROSPECT ROAD
�
�
Q
C ' o,
G G M
SUBJECT NCM7
C LAND
�
3651 SF
1
PRO 2
PRO CT ROAD
FP
D aOA,
(PLAT)
LEGEND:
B. C. R. BROVARD COUNTY RECORDS
0 50 100
P. B. PLAT BOOK
PG. PAGE
CENTERLINE
R/W RIGHT-OF-WAY 25 75
P. D. B. POINT OF BEGINNING
U. E. UTILITY EASEMENT SCALE: 1"=50'
S. L. E. STREET LIGHT EASEMENT
ADDRESS COMMENTS
10/26/21
RM
DS
REVISIONS
DATE
BY
CHKD
F.B./PG.
DJS SURVEYORS, INC.
JOB No: 21-905 MID
FB/PG7BY:
PROFESSIONAL SURVEYORS AND MAPPERS
20283 STATE ROAD 7, SUITE 200
SHEET No:
MiD
BOCA RATON, FL 33498
PH. 561.883.0470. FX. 561.883.0480
DRAWRM
6/6
CKD. B.S.www.djssurveyors_com
CERTIFICATE OF AUTHORIZATION NO_ LB 7870
SCALE5V
TR 13726 Exhibit 1
EXHIBIT A
SKETCH & DESCRIPTION
2.51 BUFFER WALL REVOCABLE LICENSE AREA - EAST SECTION
nFSC:RIPTICIN-
A 2.50 FEET WIDE STRIP OF LAND LYING WITHIN THE RIGHT-OF-WAY OF PROSPECT ROAD, SECTION 16,
TOWNSHIP 49 SOUTH, RANGE 42 EAST AND LYING WITHIN THE RIGHT-OF-WAY OF NORTHWEST 16TH
WAY, TAMARAC LAKES, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 58, PAGE 40,
OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA.
BEGINNING AT THE SOUTHWEST CORNER OF LOT 3, BLOCK 1, OF THE AFORESAID PLAT OF TAMARAC
LAKES; THENCE SOUTH 78*20'31" EAST ALONG THE NORTH RIGHT-OF-WAY LINE OF PROSPECT ROAD, A
DISTANCE OF 271.53 FEET, WITH THE LAST CALL BEING ALONG THE SOUTH LINE OF THE AFORESAID
BLOCK 1 AND THE SOUTH LINE OF TRACT "A" OF SAID PLAT; THENCE SOUTH 11'39'29" WEST, A DISTANCE
OF 2.50 FEET TO A POINT ON A LINE LYING AND BEING 2.50 FEET SOUTH OF AND PARALLEL WITH THE
NORTH RIGHT-OF-WAY LINE OF PROSPECT ROAD; THENCE NORTH 78°20'31" WEST ALONG SAID
PARALLEL LINE, A DISTANCE OF 273.07 FEET TO A POINT ON A LINE LYING AND BEING 2.50 FEET WEST OF
AND PARALLEL WITH THE WEST LINE OF THE AFORESAID LOT 3 AND THE EAST RIGHT-OF-WAY LINE OF
NORTHWEST 16TH WAY; THENCE NORTH 14°54'25" WEST ALONG SAID PARALLEL LINE, A DISTANCE OF
23.07 FEET; THENCE NORTH 74°42'02" EAST, A DISTANCE OF 2.50 FEET TO A POINT ON THE WEST LINE OF
SAID LOT 3 AND THE EAST RIGHT-OF-WAY LINE OF NORTHWEST 16TH WAY; THENCE SOUTH 14°54'25"
EAST ALONG SAID LINE, A DISTANCE OF 21.54 FEET TO THE POINT OF BEGINNING.
SAID LANDS SITUATE LYING AND BEING IN THE CITY OF TAMARAC, BROWARD COUNTY, FLORIDA,
CONTAINING 737 SQUARE FEET MORE OR LESS.
AI(1TFC
1. THIS IS NOT A MAP OF BOUNDARY SURVEY, BUT IS A GRAPHIC DEPICTION OF THE DESCRIPTION SHOWN HEREON.
2. NO MONUMENTATION WAS SET DURING THE PREPARATION OF THIS INSTRUMENT.
3. THE UNDERSIGNED & DJS SURVEYORS, INC., MAKE NO REPRESENTATIONS OR GUARANTEES AS TO THE INFORMATION
REFLECTED HEREON PERTAINING TO EASEMENTS, RIGHTS -OF -WAY, SETBACK LINES, AGREEMENTS AND OTHER MATTERS,
AND FURTHER, THIS INSTRUMENT IS NOT INTENDED TO REFLECT OR SET FORTH SUCH MATTERS, SUCH INFORMATION
SHOULD BE OBTAINED AND CONFIRMED BY OTHERS THROUGH APPROPRIATE TITLE VERIFICATION. LANDS SHOWN HEREON
WERE NOT ABSTRACTED FOR RIGHTS -OF -WAY AND/OR EASEMENTS RECORD.
4. BEARINGS SHOWN HEREON ARE BASED ON THE NORTH RIGHT-OF-WAY LINE OF PROSPECT ROAD HAVING AN ASSUMED
BEARING OF S 78'20'31" E.
5. THIS SKETCH AND DESCRIPTION CONSISTS OF TWO (2) SHEETS AND IS NOT COMPLETE WITHOUT ALL SHEETS.
6. THE SKETCH AND DESCRIPTION IS NOT VALID UNLESS IT BEARS THE SIGNATURE AND SEAL OF THE CERTIFYING SURVEYOR.
' ADDRESS COMMENTS 10/26/21 RM DS
REVISIONS DATE BY CHKD I F.B./PG_
UJS SURVEYORS, INC.
r' PROFESSIONAL SURVEYORS AND MAPPERS
® 20283 STATE ROAD 7. SUITE 200
BOCA RATON.. FL 33498
PH. 561.883.0470, FX- 561.883.0480
CERTIFICATE OF AUTHORIZATION NO. LB 7870
w wi.djssu rveyors.com
VOA VALID V,fiP1 5
STAMPED SEAL
SURV�
act 9 6422
DONALD J. SyqLitMN OF
PROFESSIONF4bE,
FLORIDA REGISFY� Nt4o_B4
DATED 10/26/22021
AND JOB No: 21-905 EAST J
r `oe
FB/PG 00/00
SHEET No:
DRAWN BY: RM EAST
CKD. BY: D.J.S. 1 /2
�o
SCALE N/A
TR 13726 Exhibit 1
EXHIBIT A
SKETCH & DESCRIPTION
2.51 BUFFER WALL REVOCABLE LICENSE AREA - EAST SECTION
W'SST
LOT 3 qND
NW 16TH WAY
P.O.B. Y
D• SW CORNER o T
�v^ OF LOT 3/ I - (P.g 58 pG4C LAKES
co
3 / / '.0a°' e.c.R.)
? 4
10U•s'E.� r
f ZN
23.07,
N 14 5425.W
LEGEND:
!I0 6
II
—1 �CK 1
OW S 78°20'31' 1 6 S.L.E.
B.C.R.
BROVARD COUNTY RECORDS
P. B.
PLAT BOOK
PG.
PAGE
CENTERLINE
R/Y
RIGHT-OF-WAY
P. 0. B.
POINT OF BEGINNING
U. E.
UTILITY EASEMENT
S. L. E.
STREET LIGHT EASEMENT
PLAT LIMITS -/
NORTH R/W LINE -
PROSPECT ROAD
ADDRESS COMMENTS
REVISIONS
DJS SURVEYORS, INC.
PROFESSIONAL SURVEYORS AND MAPPERS
20283 STATE ROAD 7, SUITE 200
BOCA RATON, FL 33498
PH.561.883.0470, FX.561.883.0480
CERTIFICATE OF AUTHORIZATION NO. LB 7870
www.dissurveyors.com
w
W
W U
14 m
m BUF 2' FENCE 8,
a (P.B. 58, PG10, EASEMENT
U.E. 8
a IT ?ACT "A'
I I I % SOUTH
_ J L 271,53 I/ OF TRACT LINq
` 37BJECT ,MID 273.07
LA
ID
2.50'
S 11
39 29-
PROS=T SPEC T RDAD
ROAD (PLAT)
0
50
100
25
75
10/26/21
DATE
JOB No:
SCALE: 1 "=50'
RM DS
BY CHKD I F.B./PG.
21-905 EAST
FB/PG: 00/00 SHEET No:
DRAWN BY: RM EAST
CKD. BY: D.J.S_ 2/2
SCALE: 1" = 50'
TR 13726 Exhibit 1
. EXHIBIT B
Revocable License Agreement between Broward County and the City of Tamarac, a
municipal corporation existing under the laws of the State of Florida, for the installation of
improvements within county right-of-way on the north side of Prospect Road, in the City
of Tamarac.
SCOPE OF IMPROVEMENTS:
This Revocable License Agreement authorizes the installation of approximately 2,200
linear feet of a precast system buffer wall, together with associated concrete sidewalk
improvements on the north side of Prospect Road. The project begins approximately 400
feet east of the east right-of-way line of NW 21 Avenue and ends approximately 125 feet
west of the City of Tamarac city limits, as shown in Exhibit A, in the City of Tamarac. The
design elements for this project include concrete foundations, retaining walls, concrete
columns, precast wall panels, sidewalk improvements, clearing and grubbing and
restoration. All work will comply with the approved plans that are on file in Broward
County Highway Construction and Engineering Division's Paving and Drainage Section.
A full-sized set of plans are on file with the Broward County Highway Construction and
.
Engineering Division under Project Reference No. 200923004.
•
EXHIBIT B Pagel of 2
TR 13726 Exhibit 1
• EXHIBIT B
•
PROSPECT ROAD BUFFER WALL
CITY OF TAMARAC
EXHIBIT B Page 2 of 2
W/cauMNS
TR 13726 Exhibit 1
0 EXHIBIT C
Broward County Highway Construction and Engineering Division
Revocable License Agreement Minimum Maintenance Performance Requirements
General Requirements
Licensee hereby agrees to provide maintenance for the wall and all related wall elements
in the Revocable License Area as described herein and in accordance with all articles of
this Agreement. The specifications herein are the minimum standards and do not prevent
the Licensee from performing any additional measures necessary to ensure proper wall
maintenance. The Licensee shall provide care and maintenance for all wall components
placed in the Revocable License Area.
Licensee shall:
• Remove graffiti within 5 days after occurrence or within 5 days after
nntifiratinn by C'.ni mtv
• Repair aesthetic or structural damage to the wall and all related wall
elements resulting from accidents, or other means, within 60 days after occurrence or
within 60 days after notification by County.
•0 Pressure clean the wall, to maintain the cleanliness and aesthetics, on a
routine basis, or within 30 days after notification by County.
• Paint the wall, columns, and associated wall elements, for all surfaces
abutting City and County rights -of -way, and City owned property, in the originally
approved color scheme, to maintain cleanliness and aesthetics, on a routine basis or
within 30 days after notification by County.
E
EXHIBIT C Page 1 of 1