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Home My WebLink AboutCity of Tamarac Resolution (194)Temp. Reso. #9811 May 31, 2001 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2002-194 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 SILVERSTEIN ENTERPRISES, INC., FOR STRUCTURES AND LANDSCAPING PLACED WITHIN UTILITY EASEMENTS ON THE ARCH ALUMINUM II PROJECT SITE LOCATED AT 10151 NW 67T" STREET; 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, Silverstein Enterprises, Inc., is the owner of the Arch Aluminum II Project which is located at 10151 NW 67t" Street (a copy of which is attached hereto in map form as "Exhibit 1 "); and WHEREAS, Silverstein Enterprises, Inc., has offered a Utility Easement Encroachment and Hold Harmless Agreement to the City of Tamarac; and WHEREAS, the owner 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. #9811 May 31, 2001 2 WHEREAS, the Director of Utilities recommends the acceptance and execution of this Utility Easement Encroachment and Hold Harmless Agreement for the Arch Aluminum II 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 Silverstein Enterprises, Inc., for landscaping and structures placed within utility easements on the Arch Aluminum II 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 Silverstein Enterprises, Inc., for landscaping and structures placed within utility I� Temp. Reso. #9811 May 31, 2001 3 easements on the Arch Aluminum II Project site (a copy of which is attached hereto as "Exhibit 2") located at 10151 NW 67t" Street. 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: This Resolution shall become effective immediately upon its Temp. Reso. #9811 May 31, 2001 4 passage and adoption. PASSED, ADOPTED AND APPROVED this 1Qt" day of July, 2002. .4 �.{ - JOE SCHREIBER MAYOR ATTEST: MARION SW ENSON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RE LUTION as form. ITCHELL S. KRAFT CITY ATTORNEY JD/dtm/db RECORD OF COMMISSION VOTE: MAYOR SCHREIBER AYE DIST 1: V/M. PORTNER AYE DIST 2: COMM. MISHKIN AYE DIST 3: COMM. SULTANOF AYE DIST 4: COMM. ROBERTS AYE 1 TEMP. RESO. # 9811 G �LBOX LN, D o 7 WING DR. TEE PLAT J & J PLAT TAMARAC MARKET ...................... ------------------------- -- .................... PLACE ......................... ................ --------------------- ---- TAMARAC 1299 LAND TRUST PLAT CITY FURNITURE LOVESHAW I.T.W. MIMA ZEPHYRHILLS 67 ST SUN BELT AT&T PRECISSION ARCH ALUMINUM CABLE CULLIGAN Co ................ ----------------- ................... ----------------- -------------- ..................................... ------- .............................. --- ........................... ---- - ................................... PUBLIC SERVICES LAND SEC. COMPLEX 7 LOOP RD. z LLJ X: 0 T WESTPOINT N T 'IN WESTPORT DISTRIBUTION Ld CENTRE 1 <r ay aQ Ld 0- Li -j a- ri NYS SONNYS x 0� 0� ENTERPRISES PRISES IL YS CONVERGYS 0 . 0 C FFICE BUILDING -- — — — — — — — — — — — — r ] SUNRISE ARCH -ALUMINUM -II -DWG ARCH ALUMINUM II UTILITY EASEMENT ENCROACHMENT AND HOLD HARMLESS AGREEMENT EXHIBIT 662" UTILITY EASEMENT ENCROACHMENT AND HOLD HARMLESS AGREEMENT BETWEEN THE CITY OF TAMARAC AND Silverstein Enterprises, Inc. THIS AGREEMENT made this /10 day of , 20 p'- by and between the CITY OF TAMARAC, a municipal corporation with l5rincipAll offices located at 7525 NW 88t" Avenue, Tamarac, Florida 33321 (hereinafter called CITY) and Silverstein Enterprises, Inc, a Florida corporation with principal offices located at 10200 NW 67" Street, Tamarac, Florida 33321 , (hereinafter called the DEVELOPER/OWNER), for the purpose of holding the CITY harmless for the removal or destruction of landscaping and/or structures located on DEVELOPER/OWNER's property and within utility easements held by the CITY. WHEREAS, DEVELOPER/OWNER is 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, DEVELOPER/OWNER has constructed or will construct landscaping and/or structures as part of its development of the parcel described in Exhibit A within utility easement(s) described in Exhibit B, attached hereto and incorporated herein by reference; and WHEREAS, said existing landscaping and/or structures are described on the site plan for Arch Aluminum II prepared by Art & Architecture and dated 3/18/02 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, DEVELOPER/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. DEVELOPER/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. 3. DEVELOPER/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. 000717 4. CITY shall be held harmless by DEVELOPER/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 DEVELOPER/OWNER if giving notice would be of detriment to the health, safety and welfare of the citizens of Tamarac. 6. DEVELOPER/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. DEVELOPER/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. DEVELOPER/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 Developer/ Owner, its successors and assigns." 9. DEVELOPER/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 DEVELOPER/OWNER, its agents, heirs, successors and assigns, and any subsequent owners of the parcel described in Exhibit 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 TAMARgC, through its Mayor andOhrough its President, GEn,� siuvE�s�t% , duly authorized to execute same. CITY OF TAMARAC Joe Schreiber, Mayor ATTEST: Date: Marion Swerfson, CIVIC Je r y L.' iller, City Manager City Clerk as to form and legs Mitchell S. Kraft, `Cit�i Attorney STATE OF FLORIDA : SS COUNTY 04k0l lwj : 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 ---Tile- S [,,&,- t—Te�- L.A444o me known to be the person(s) described in and who executed the foregoing instrument and 7 hL acknowledged before me and under oath that executed the same. WITNESS my hand and official seal this _,�L day of W OFFICIAL NOTARYSEAL NOTARY P LIC, State of Florida JUNE A WHITE at Large NOTARY PUBLIC STATE OF FLORIDA COMMISSION NO. CC775720 ) MY rrva AWAI ON EXP. SEPT 15,2002 ( Personally known to me, or ( ) Produced Identification (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. 000717 IN WITNESS WHEREOF, Grantor has hereunto set his hand and seal on the day and year first above written. (GRANTOR) ''✓ By: a By. Type Name ,..f, ' � : i" r I" i.f Type Name Corporate Secretary President (Corporate Seal) STATE OF FLORIDA SS COUNTY OF BROWARD LEON SILVERSTEIN 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 LEON SILVERSTEIN to me known to be the person(s) described in and who executed the foregoing instrument and he acknowledged before me and under oath that he executed the same. WITNESS my hand and official seal this 28 day of March 20 02 ......) (x ) Personally known to me, or ( ) Produced Identification ( Stamp, or Type as Commissioned) Type of I.D. 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