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Home My WebLink AboutCity of Tamarac Resolution R-2006-147Temp. Reso. #11027 August 2, 2006 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2006-ILP A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO ACCEPT AND EXECUTE A UTILITY EASEMENT ENCROACHMENT AND HOLD HARMLESS AGREEMENT WITH S & S WORLDWIDE PROPERTIES, FOR STRUCTURES AND LANDSCAPING PLACED WITHIN UTILITY EASEMENTS ON THE HALL FOUNTAINS PROJECT SITE LOCATED AT 5500 NW 22ND AVENUE; AUTHORIZING AND DIRECTING THE CITY CLERK TO RECORD SAID AGREEMENT IN THE PUBLIC RECORDS OF BROWARD COUNTY; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, S & S Worldwide Properties, is the developer of the Hall Fountains Project which is located at 5500 NW 22"d Avenue (a copy of which is attached hereto in map form as "Exhibit 1 "); and WHEREAS, S & S Worldwide Properties, has offered a Utility Easement Encroachment and Hold Harmless Agreement to the City of Tamarac; and WHEREAS, the developer shall hold the City harmless from any costs or obligation to restore landscaping and structures as a result of any repair or maintenance to the utility easement or infrastructure; and Temp. Reso. #11027 August 2, 2006 2 WHEREAS, the Director of Public Works and the Director of Utilities recommends the acceptance and execution of this Utility Easement Encroachment and Hold Harmless Agreement for the Hall Fountains Project; and WHEREAS, the City Commission of the City of Tamarac, Florida, deems it to be in the best interest of the citizens and residents of the City of Tamarac to accept and execute a Utility Easement Encroachment and Hold Harmless Agreement with S & S Worldwide Properties, for landscaping and structures placed within utility easements on the Hall Fountains Project site. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, THAT: 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: The appropriate City Officials are hereby authorized to accept and execute a Utility Easement Encroachment and Hold Harmless Agreement with S & S Worldwide Properties, for landscaping and structures placed within utility easements on the Hall Fountains Project site (a copy of which is attached hereto as "Exhibit 2") located at 5500 NW 22nd Avenue. 1 1 1 Temp. Reso. #11027 August 2, 2006 3 SECTION 3: 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. SECTION 6: passage and adoption. Temp. Reso. #11027 August 2, 2006 4 This Resolution shall become effective immediately upon its PASSED, ADOPTED AND APPROVED this day of A4, 2006. *BTH LANSBAUM-TALABISCO MAYOR ATTEST: :2� RECORD OF COMMISSION VOTE: MARION SWE SON, CMC MAYOR FLANSBAUM-TALABISCO, CITY CLERK DIST 1: V/M PORTNER DIST 2: COMM ATKINS-GRAD DIST 3: COMM. SULTANOF DIST 4: COMM. DRESSLER I HEREBY CERTIFY that I have approved this RESOLUTION as to form. 1 1 1 Temp Rosa#: 11027 CITY OF TAMARAC '� Scale: N.TS N PUBLIC NORU DEPARnum xII ENGINEERING DWWON SHEET 1 OF 1 w yr E p 3! rJ UTILITY EASEMENT ENCROACHMENT AND HOLD HARMLESS AGREEMENT TR# 11027 SITE LOCATIO 55 ST THE BOULEVARDS 1 ST N 54 ST � 53 ST g 53 ST -PROSPECT RD 53 ST w 0i \ ¢ 5 AMARAC LAKES N- , TH NN 52 CT 52 ST 52 ST 51 P L 51 P� L \X•. \_ > 51 ST CHRISTIAN ¢ > IF'E CENTER u TEXAC❑ 8 0� � N r� R� o ui N ¢ Q H � 49 CT (4 u UA cCy-ni.i Q kD Cu cu > w Z w REVIEIONs ftmv JV NW ft ft 0MAMa..k SOW G OOWW. iL Ft. MO. OM ah..... BF DOW 41s s-k MUNICIPAL PARKING LOT IN CAP❑RE PARK HALL FOUNTAINS EXHIBIT 9 CITY OF TAMARAC, BROWARD COUNTY, FLORIDA SEC. 17. TWP. 49. RGE. 42 Exhibit 2 TR#11027 UTILITY EASEMENT ENCROACHMENT AND HOLD HARMLESS AGREEMENT BETWEEN THE CITY OF TAMARAC AND THIS AGREEMENT made this 24 day of Luly, 2006 by and between the CITY OF TAMARAC, a municipal corporation with principal offices located at 7525 NW 881" Avenue, Tamarac, Florida 33321 (hereinafter called CITY) and S & S Worldwide Propertied, a resident whose property is located at TAMARAC INDUSTRIAL PARK 63-26 B LOT 10 & 11 , (hereinafter called the OWNER), for the purpose of holding the CITY harmless for the removal or destruction of landscaping and/or structures located on the OWNER's property and within utility easements held by the CITY. WHEREAS, OWNER of a parcel of land in the City of Tamarac, Broward County, Florida, more particularly described in Exhibit A, attached hereto and incorporated herein by reference; and WHEREAS, OWNER has constructed or will construct landscaping and/or structures as part of its improvements of the parcel described in Exhibit A within utility easement(s) described in Exhibit B, attached hereto and incorporated herein by reference, and recorded in Plat Book 63 page 26 of the Broward County public records; and WHEREAS, said existing landscaping and/or structures are described on the site plan for S & S Worldwide Properties prepared by MIL Architects and dated 4/21/ , a copy of which is on file with the CITY and attached hereto and incorporated herein by reference as Exhibit C; and WHEREAS, CITY is grantee of the utility easement(s) described above and has an obligation to maintain and repair utility lines in order to serve the citizens of the City of Tamarac; and WHEREAS, OWNER agrees to hold the CITY harmless for any expenses incurred by the CITY's use of the utility easement(s) resulting in the destruction and/or removal of said existing and/or future landscaping and/or structures; and NOW, THEREFORE, in consideration of the promises and mutual covenants herein contained, the parties hereto agree as follows: 1. The foregoing recitals are true and correct and incorporated herein by this reference. 2. OWNER agrees to immediately remove at its own expense any encroachment located within the CITY's utility easement once notified by the CITY of such encroachment. 000717 3. OWNER shall hold harmless and indemnify the CITY from and against all claims, liability and expense arising from the aforesaid encroachments, landscaping and/or structures, including the expense of removing, relocating, restoring and replacing same. 4. CITY shall be held harmless by OWNER and shall not be responsible for the damage, destruction or replacement of irrigation lines within the utility easement(s). 5. CITY shall be entitled to make emergency repairs to utility lines within the easement(s) without prior notice to OWNER if giving notice would be of detriment to the health, safety and welfare of the citizens of Tamarac. 6. OWNER agrees that any structures placed within the utility easement shall be limited to minor structures only, such as a sign, fence, or slight encroachments of concrete. No drainage structures, including, but not limited to, detention or retention basins, shall be permitted within the utility easement(s). 7. OWNER agrees that landscaping within the utility easement(s) shall be limited to bushes, shrubs and flowers, and that no trees shall be placed within the utility easement(s). 8. OWNER shall place a 1' by 1' sign or plaque on the site of the landscaping or structure, which shall state the following: "This structure may be ordered removed by the City of Tamarac without notice and at no cost to the City should its removal become necessary to repair any utility line. The cost of removal shall be borne by The Property Owner, its successors and assigns." 9. OWNER shall not place encroachments within the utility easement(s) unless specifically provided for in this Agreement. 10. This Agreement contains the entire agreement between the parties relating to the subject matter hereof. This Agreement shall not be amended unless in writing and signed by the parties hereto. 11. This Agreement shall run with the land and bind OWNER, its agents, heirs, successors and assigns, and any subsequent owners of the parcel described in Exhi it A. 12. Venue for any actions resulting from this Agreement shall be Broward County, Florida. This Agreement shall be governed by the laws of the State of Florida as are now and hereinafter in force. 000717 IN WITNESS WHEREOF, the parties have made and executed this Utility Easement Encroachment and Hold Harmless Agreement on the respective dates under each signature. CITY OF TAMARAC, through its Mayor and S & S Worldwide Properties through its Owner, Scott Hall, duly authorized to execute same. ATTEST: MarionSw ~ on, CIVIC _�•ity-Clerk - STATE OF FLORIDA : SS COUNTY OF gnowarA : CITY F TA A Beth Flansbaum-Talabisco, Mayor 9 2 LIZ P011 IT Jeffr6y t. Miller, City Manager I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State fore�said and in aCounty aforesaid to take acknowledgments, personally ��hsUo appeared l %A �, r r;Cl to me known to be the person(s) described in and who executed the foregoing instrument and e acknowledged before me and under oath that executed the same. WITNESS my hand and official seal this Z day of , 20_Q_(o— ( ✓) Personally known to me, or ( ) Produced Identification NOTARY PUBLIC, Sthte of Florida at Large je.061141 owon SWO" ,,come DD2=n ►a E 0&" 24. zoos (Name of Notary Public: Print, Stamp, or type as Commissioned) Type of I.D. Produced ( ) DID take an oath, or ( V(DID NOT take an oath. 000717 IN WITNESS WHEREOF, Grantor has hereunto set his hand and seal on the day and year first above written. (GRANTOR) S & S worldwide Propertie Witness Type Name/Title-Scott Hall / President Type Name Doug Forsyth Sla� . Witness Type Name Todd Hall Type Name/Title STATE OF FLORIDA : SS COUNTY OF37ZI648 I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaio arld in the County aforesaid to take acknowledgments, personally appeared Swff 149-11 to me known to be the person(s) described in and who executed th foregoing instrument and acknowledged before me and under oath that executed the same. WITNESS my hand and official seal this L%/ day of U5, 20_2L. ( Personally known to me, or ( ) Produced Identification VQOVA RAM�� MY .M"=d NOTARYof • at Large (Name of Notary Public: Print, Stamp, or type as Commissioned) Type of I.D. Produced ( ) DID take an oath, or (�,) DID NOT take an oath. Wayne H. Bllnndlnp x Commission # DD300438 Expires April 22, 2008 bF f�-SCndBd iYOj' FANI - hlllflllCl, klc. AOQ9867'D1B 000717 IN WITNESS WHEREOF, Grantor has hereunto set his hand and seal on the day and year first above written. Type Name Scott Hall Corporate Secretary (Corporate Seal) STATE OF FLORIDA : SS COUNTY OF (GRANTOR) S & S worldwide rop rt)le( By: Type Name Scott Hall President I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid and in the County a oresaid to take acknowledgments, personally appeared 1 ,/ to me known to be the pers n(s) described in and who executed the foregoing instrument and acknowledged before me and under oath that Ye� executed the same. WITNESS my hand and official seal this day of Z. , 20jp�,/ . 11 ( r) Personally known 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 (jk) DID NOT take an oath. Y "°-% Wayne H. Blending • . Commission # DD300438 ` ,o ` Expires April 22, 2008 BMW T*Fah .kw w",Im. eaaM&7019 000717 Exhibit A TR#1 1027 'Ailk AACC=2 ---MMWAWJPL Joe MOM I I jai, to to WAS Im Exhibit "B" TR#1 1 027 ACCURATE LAND SURVEYORS, INC. 1150 E. ATLANTIC BLVD POMPANO BEACH FLORIDA 33060 _ I _ LJ, f N.W. 55th CT. L1L m � TiT_ -� -- - N.W. 54th STREET a —1 I ILI I I IIIII � L.B. #3635 EXHIBIT "A" LOT II 11 S LOCATION SKETCH NOT TO SCALE cd N FT-------------._ _ o LOT 9 , 700.00 _ — --- 169.51' 15' UTILITY EASEMENT _ _ I� I 154.51' I 179.51' LOT 10 IJJ 't u Q I n N Q w a Q — — — NI C14 N LOT 11 z II I 154.51' Io7Y1115 u)FZZZZZZZZZZ 15' UTILITY EASEMENT I� I I 1C9.51' I I I L._i_....._--------.._..---- 200.00' LOT 12 LEGAL DESCRIPTION: The South 15 feet of the North 28.07 feet of the East 169.51 feet of the West 179.51 feet, together with the the South 154.45 feet of the North 167.51 feet of the East 15.00 feet of the West 179.51 feet, together with the South 15 feet of the North 167.51 feet of the East 169.51 feet of the West 179.51 feet; all being a portion of the following described property; Lots 10 and 11 of Tamarac Industrial Park, according to the plat thereof, as recorded in Plat Book 63, Page 26, of the Public Records of Broward County, Florida. REVISIONS DATE BY I DATE (DRAWN BY (CHECKED BY 06-20-06 MLW MLW TEL. (954) 782-1441 FAX. (954) 782-1442 40 D 20 40 GRAPHIC SCALE 1'=40' I 15.00' 1 W k' E A NOT VAUD WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. ,CERTIFICATION: WE HEREBY CERTIFY THAT THE ATTACHED SKETCH OF THE HEREON DESCRIBED PROPERTY IS TRUE AND CORRECT TO THE BEST OF OUR KNOWLEDGE AND BELIEF AS DELINEATED UNDER OUR DIRECTION AND DOES NOT CONSTITUTE A FIELD SURVEY AS SUCH. 1 FURTHER CERTIFY THAT THIS SKETCH MEETS THE MINIMUM TECHNICAL STANDARDS FOR LAND SURVEYING UNDER RULE 61G17-6 FLORIDA ADMINISTRATIVE CODE. ADOPTED BY THE FLORIDA BOARD OF LAND SURVEYORS, MAY 1995. i ��2� Z'242w Ole ROBERT L. THOMPSON (PRESIDENT) PROFESSIONAL SURVEYOR AND MAPPER No.3869 — STATE OF FLORIDA SCALE 1 40' N MBEER SU-06-3935 Exhibit "C" TR#1 1 027 A C. /c -1 .A Cx .- z 0 a z Oil H 3� d d!'P �� S1o��! op,defiII�111 lk lit ja A II oono pnnoq NEW WILDIW. FOR: / S WpRLpWIpE RiOPEIiilEB, IhiC T �� HALL FOUNTAIN5 OFFIGE/WAREWOU5E S 5500 N.W. 77 AVENUE" s c 0 TAMARAC, FLORIDA 33305 * =r T N rn r z A m O m (P