HomeMy WebLinkAboutCity of Tamarac Resolution R-2015-076Temp. Reso. #12691
August 26, 2015
Page 1
CITY OF TAMARAC, FLORIDA
-7
RESOLUTION NO. R-2015 - 6
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF TAMARAC, FLORIDA, AUTHORIZING
THE ACCEPTANCE AND RECORDATION OF A
PERPETUAL ACCESS EASEMENT AND
MAINTENANCE AGREEMENT, ATTACHED
HERETO AS EXHIBIT "1", FROM CLUBLINK US
CORPORATION FOR THE PURPOSE OF
INSTALLING AND MAINTAINING A SIGNIFICANT
PUBLIC ART SCULPTURE ON A PARCEL OF LAND
LYING WITHIN A PORTION OF THE WOODLANDS
COUNTRY CLUB, ACCORDING TO THE PLAT
THEREOF, AS RECORDED IN PLAT BOOK 67,
PAGE 30, OF THE PUBLIC RECORDS OF
BROWARD COUNTY, FLORIDA BEING MORE
PARTICULARLY DESCRIBED IN EXHIBIT "A",
ATTACHED HERETO AND INCORPORATED
HEREIN; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the City of Tamarac desires to encourage and promote public
art within the City; and
WHEREAS, the City's adopted Capital Improvement Program provides for
a significant public art sculpture funded by and through the Public Art Fund; and
WHEREAS, significant public art pieces are most visible from major
thoroughfares such as Commercial Boulevard, Pine Island Rd. and University
Drive, to name a few, and
WHEREAS, ClubLink US Corporation has proposed to donate an Access
Easement and Maintenance Agreement ("Access Easement") attached hereto as
Exhibit 1", incorporated herein and made a specific part hereof, containing
approximately 600 square feet, over their property described as the Woodlands
Country Club, hereinafter "the Property", according to the Plat thereof, as
Temp. Reso. #12691
August 26, 2015
Page 2
recorded in Plat Book 67, Page 30, of the Public Records of Broward County,
Florida being more particularly described in Exhibit "A" attached hereto and
incorporated herein; and
WHEREAS, the Public Art Committee has determined that the proposed
easement will highlight, encourage and promote public art in the City of Tamarac
in a manner consistent with the Public Art Program Guidelines and recommend
acceptance of the Easement Agreement; and
WHEREAS, the Director of Community Development recommends that the
appropriate City Officials execute the Access Easement with ClubLlnk US
Corporation; 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 the Access Easement from ClubLink US Corporation for the installation
and maintenance of a significant public art sculpture; a copy of said Agreement is
included herein as Exhibit 1" (attached hereto, incorporated herein, and made a
specific part thereof).
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 upon adoption hereof; all exhibits referenced and attached hereto are
incorporated herein and made a specific part of this resolution.
1
1
1
Temp. Reso. #12691
August 26, 2015
Page 3
1
SECTION 2: It is hereby found and determined that the acceptance of the
Easement Agreement is in the best interest of the City of Tamarac and the
residents and businesses located within the described area.
SECTION 3: The appropriate City officials are hereby authorized to
execute an Access Easement and Maintenance Agreement with ClubLink US
Corporation, a copy of said Agreement is attached hereto as Exhibit "1 ".
SECTION 4: All Resolutions or parts of Resolutions in conflict herewith
are hereby repealed to the extent of such conflict.
1
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.
C
Temp. Reso. #12691
August 26, 2015
Page 4
PASSED, ADOPTED AND APPROVED this /Wl day of
J'h�wv
H RRY DRESSLER,
MAYOR
ATTEST:
a
2015.
RECORD OF COMMISSION VOTE:
MAYOR DRESSLER u�
DIST 1: VICE MAYOR BUSHNELL
DIST 2: COMM. GOMEZ
DIST I COMM. GLASSER
DIST 4: COMM. PLACKO 2 -'
I HEREBY CERTIFY THAT I HAVE
APPROVED THIS RESOLUTION
AS TO FORM
,,//) AJA
SA UEL . G
CITY ATTORN
1
1
1
Exhibit " 1 "
This instrument prepared by:
David N, Tolces, .Esquire
Goren, Cherof, Doody & Ezrol, P.A.
3099 E. Commereial Boulevard, Suite 200
Fort Lauderdale, FL 33308
PRMETM ACCESS EASEMENT AND MAINTENANCE AGREEMENT
THIS PERPETUAL ACCESS EASEMENT AND MAINTENANCE AGREEMENT
(the "Access Easement") made this (J�- day of September, 2015, by and between C1ubLink US
Corporation, a Delaware corporation authorized to do business in the State of Florida, with an
address of 551 S. Powerline Road, Pompano Beach, Fl. 33069, (" GiRANTOR"), and the CITY
OF TAMARAC, a Florida municipal corporation {"CITY"), a Florida municipal corporation, its
agents, servants, employees, or contractors, whose address is 7525 NW 88`t' Avenue, Tamarac,
Florida 33321.
WITNESSETH:
WHEREAS, the GRANTOR is the owner of certain parcel of real property located
within the City of Tamarac, generally west of Rack Island Road on the south side of Commercial
Boulevard (hereinafter referred to as the "Property"); and
WHEREAS, the GRANTOR will grant an Easement to the CITY in order to permit
CITY to install and maintain improvembnts associated with a public art project within the
Property legally described in Exhibit "A" (the "Easement Parcel"); and
WHEREAS, the GRANTOR hereby grants a temporary construction easement over and
across the Property and Easement Parcel in order to permit the CITY to install the public art
project (the "Improvements") within the Easement Parcel; and
WHEREAS, the City Commission has authorized the expenditure of funds for the CITY
to install the Improvements within the Easement Parcel; and,
WHEREAS, once installed, the improvements will be perpetually maintained by CITY,
and, if necessary, further replaced by the CITY; and,
WHEREAS, thb GRANTOR agrees during the terra of this Access Easement not to
construct anything of a permanent nature within the Easement Parcel; and,
WHEREAS, the parties hereto have concluded that the most efficient manner in which to
achieve the purposes and goals set forth above would be through the granting of this Access
Easement to the CITY, together with the right of entry into the Easement Parcel for the
construction and the perpetual maintenance of the Improvements, within' the Easement Parcel;
NOW, THEREFORE, in consideration of the mutual promises contained herein and
Ten and no/100 ($10.00) Dollars and other good and valuable considerations, the receipt,
sufficiency, and adequacy of which is hereby acknowledged, the parties hereto agree as follows:
1WO81611.1 270"M640
4852.4628-8150.2
The aforesaid recitals are true and correct and are incorporated herein.
2. The GRANTOR hereby grants and conveys to the CITY an easement for the
installation and maintenance of a public art project and associated improvements (the
"Improvements") within the Easement Parcel. For purposes of this Agreement, the term
maintain may include, at the option of the CITY, the actual installation, maintenance, repair,
replacement, and/or removal, of such parts and/or portions of said Improvements as are deemed
to be necessary by the CITY, and in order to serve and promote the general safety, health and
welfare of the citizenry of the CITY.
3. This Access Easement is a permanent perpetual easement and shall not be
changed, altered or amended except by an instrument in writing executed by GRANTOR and
CITY or their respective successors and assigns. Notwithstanding the foregoing, in the event
GRANTOR determines that this Access Easement interferes with GRANTOR's future
development of its surrounding property GRANTOR may, upon not less than 120 days prior
written notice to the CITY, terminate this Access Easement and the CITY shall within such
timeframe remove all Improvements installed within the Easement Parcel and execute such
documentation as is reasonable requested by GRANTOR to evidence the termination of this
Access Easement,
4. GRANTOR further agrees to sign any applications and documents for any permits
which the CITY may be required to submit to any local, state, or federal agency in association
with the installation and maintenance of the Improvements. CITY agrees to pay any and all fees
associated with obtaining any permits from any local, state, or federal agency for the installation
of the improvements. CITY further agrees to reimburse GRANTOR within 30 days of request
from GRANTOR for the attorney's fees and costs incurred by GRANTOR in the negotiations of
this Access Easement.
5. In association with the GRANTOR's grant and conveyance of this Access
Easement, GRANTOR agrees to cooperate with CITY in order to obtain any consents and/or
agreements from any person or corporation which hold a mortgage or other property interest in
the Property, GRANTOR agrees to sign any applications, documents, and/or amendments to this
Access Easement which are required for the mortgage holder to consent to the GRANTOR'
conveyance of this Access Easement to the CITY. CITY agrees to pay any and all fees
associated with obtaining any consents from any mortgage holders, or other entity with a
property interest in the Property.
6. GRANTOR also hereby grants and conveys to the CITY a temporary easement
for ingress and egress over the Property and Easement Parcel. GRANTOR acknowledges that
this right of ingress and egress includes any and all temporary access to the Property and
Easement Parcel during actual construction, installation and maintenmce of the improvements
by CITY. Said temporary easement shall terminate with 180 days of the date of recordation of
this Access Easement.
7. CITY shall ensure that all of the GRANTOR's property disturbed and used by
CITY pursuant to this Access Easement is returned to its original condition by CITY as of the
date CITY commenced such use, at the CITY's own cost. This includes any Iandscaping
removed as part of the CITY's installation of the Improvements. The CITY shalt inform all
1AD "'1"'7W.0sol"0` Page 2 of 4
d@52-4629-9i5o.'i
parties performing work for it that such parties shall not have the right to file any liens against
the Property, and, if any such liens occur, then the CITY shall remove any such liens, or the
CITY shall release or transfer to bond any such liens, within thirty (30) days of notice thereof,
To the extent permitted by law, the CITY agrees to defend at its sole cost and expense (if
requested by GRANTOR), release, indemnify and hold GRANTOR, its subsidiaries, related and
affiliated companies and the officers, directors, agents, and employees of each, harrnless from
and against any and all such claims, suits, judgments, damages, losses and expenses (including
reasonable attorneys' fees) or demands, including demands arising from or in any way connected
with (i) the use and enjoyment of the Property by the CITY and/or any other party claiming by,
through or under the CITY (collectively, the "CITY Parties"), (ii) any breach of this Agreement
by the CITY and/or any of the CITY Parties and (iii) injuries or death of persons (including
GRANTOR'S agents, contractors and employees) and damage to property arising out of any
negligent acts, errors, omissions or willful misconduct of the CITY and/or the CITY Parties.
Nothing herein is intended to serve as a waiver of the CITY's sovereign immunity or as consent
by the CITY to be sued by third parties in any manner arising out of this Access Easement, or
any other agreement.
$. This Access Easement and all conditions and covenants set forth herein are
intended to be and shall be construed as covenants running with the land, binding upon and
inuring to the benefit of the GRANTOR or CITY, as the case may be, and their respective heirs,
successors and assigns, including, without limitation, all subsequent owners and/or tenants of the
Property and all persons claiming by, through and under them.
9. The terms of this Access Easement may be enforced by GRANTOR by injunctive
relief and any other available remedies, By way of example, and not limitation, GRANTOR
shall he entitled to enjoin any activity or use of the Property that is inconsistent with the rights
granted to the CITY pursuant hereto. In the event of any litigation in connection with this
Access Easement, the prevailing party shall be entitled to recover court costs and reasonable
attorney's fees. Venue for any litigation filed in relation to this Access Easement shall be filed in
sate court in Broward County, Florida.
i 0. If any provision in this Access Easement shall be determined to be invalid by a
court of competent jurisdiction, then such provision or determination shall not affect any other
provisions of this Access Easement, all of which other provisions shall remain in full fom-e and
effect.
Signed and Scaled the day and year first above written.
WITNESSES CLUBLINK US CORPORATION
Print Name'<t
Print Name: M
By. .
'Title:
�� M
Print Name
10uos16su 27(MA5ofuo) Page 3 of 4
4852-4626-6150.2
STATE OF FLORIDA )
) ss
COUNTY OF BROWARD )
I HEREBY CERTIFY that the foregoing instrument was acknowledged before me this
day of 4 Y, 20I5 by ,L1741 r F e ✓ , as U?re- 1604're4n t'
of CLUBLINK US CORPORAION, a Delaware corporate n, who is personally known to me
or has produced Aor a'a IV 14 ma&d_ as identification, and who is signing this Agreement
on behalf of CLUBLINK US CORPORATION, and is authorized to execute the same.
My Commission Expires:
i.. Cody R. Siceum
comWSSi0NI FF 146766
EXPIRES; JUL 31. 2018
BONDEDYHRU
1itFI.OR(DANOTARY, LW
APPROVED AS TO FORM:
al L
NO AR . UBLIC, Stag lorida
\`CITY
carpYXH
MAY #RESSLER
M&vh�l r1
CI A TO` EY' Ict
ATT
ATRICIA A. TEL L, CMC, CLERK
TA
ESTABLISHED* Q_
1963
SEAL
(007�651.1 27(NA$016d0 t Page 4 o 4
4852-4628.8150.2
OF TAMA.RAC, a Florida municipal
Exhibit "A"
DESCRIPTION:
A PARCEL OF LAND LYING WITHIN A PORTION OF THE WOODLANDS COUNTRY CLUB,
ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 67, PAGE JO, OF
THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, BEING MORE PAR77CULARLY
DESCRIBED AS FOLLOWS, -
COMMENCING AT THE NORTHEAST CORNER OF SECTION 14, TOWNSHIP 49 SOUTH,
RANGE 41 EAS7, BROWARD COUNTY, FLORIDA, THENCE SOUTH 89 32'22" WEST ALONG
TH£ NORTH LINE" OF SAID SECTION 14, A DISTANCE OF 69708 FEET,' THENCE SOUTH
00'27'38" EAST A DISTANCE OF 5,3.00 FEET TO THE POINT OF BEGINNING, SAID
POINT ALSO LYING ON THE SOUTH RIGHT—OF—WAY LINE OF COMMERCIAL BOULEVARD;
THENCE CONTINUE SOUTH 00727'.W' EAST, A DISTANCE OF 20.00 FEET, THENCE
SOUTH 8932'22" WEST, A DISTANCE OF 30.00 FEET; THENCE NORTH 002738" WEST,
A DISTANCE OF 20.00 FEET TO A POINT LYING AND BEING ON THE SOUTH
RIGHT OF WAY LINE OF COMMERCIAL BOULEVARD; THENCE NORTH 89'32'W " EAST
ALONG SAND SOUTH RIGHT 01 =WAY LIN& A DISTANCE OF 30,00 FEET TD TH£ POINT
OF BEGINNING,
SAID LANDS SITUATE LYING AND BEING IN THE CITY OF TAMARAC, BROWARD COUNTT ,
FLORIDA. CONTAINING 600 SQUARE FEET MORE OR LESS.
NOTES:
1) Bearings shown hereon ore bused on the North line of Section 14-49-41 with on assumed
bearing of South 99'32'22" West.
2) This Sketch and Description Is not valid without the signature and original raised seol of a
Florida Licensed Surviyor and Mapper.
3) The undersigned and David & Garchor, Inc., make no representations or guarantees as to
the informatio►i reflected' hereon pertaining co easern5nts, rights -of --way, setback lines,
agreements and other matters, and further, this Instrument Is not Intended to reflect or
set forth oil ouch 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 aosements of record.
4) This Sketch and Description consists of two (2) sheets and Is not complete without all sheets,
THIS IS NOT A SKETCH OF SURVEY SHEET 7 or 2
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