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Home My WebLink AboutCity of Tamarac Resolution R-2001-109Temp. Reso. #9355 February 21, 2001 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2001-109 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 TAMARAC HOTELS, INC., FOR THE CURBS PLACED WITHIN A UTILITY EASEMENT AT THE COMFORT SUITES PROJECT LOCATED AT THE 8300 BLOCK OF WEST COMMERCIAL BOULEVARD; 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, Tamarac Hotels, Inc., owners of the Comfort Suites Project, which is located at the 8300 block of West Commercial Boulevard (a copy of which is attached hereto in map form as "Exhibit 1 "); and WHEREAS, Tamarac Hotels, Inc., have 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 the curbs as a result of any repair or maintenance to the utility easement or infrastructure; and Temp. Reso. #9355 February 21, 2001 2 WHEREAS, the Director of Utilities recommends the acceptance and execution of this Utility Encroachment and Hold Harmless Agreement for the Comfort Suites 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 Tamarac Hotels, Inc., for curbs placed in a utility easement at the Comfort Suites Project. 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. 1 1 Temp. Reso. #9355 February 21, 2001 3 SECTION 2: The appropriate City Officials are hereby authorized to accept and execute a Utility Easement Encroachment and Hold Harmless Agreement with Tamarac Hotels, Inc., for curbs placed in a utility easement at the Comfort Suites Project (a copy of which is attached hereto as "Exhibit 2") located at the 8300 block of West Commercial Boulevard. SECTION 3: The City Clerk is hereby authorized and directed to record said document 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. #9355 February 21, 2001 4 This Resolution shall become effective immediately upon its PASSED, ADOPTED AND APPROVED this 91h day of May, 2001. N JOE SCHREIBER MAYOR ATTEST: MARION SW NSON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form./ MITCHELL S. K AF CITY ATTORNEY RG/DTMlmg RECORD OF COMMISSION VOTE: MAYOR SCHREIBER DIST 1: COMM. PORTNER DIST 2: COMM. MISHKIN_ DIST 3: V/M SULTANOF_ DIST 4: COMM. ROBERTS 1 EXHIBIT 1 TEMP. RESO. # 9 3 5 5 W *70 ST ca .ate 70 CT JWv) W ¢ l7¢p ZW Z0 - W (n - J14 Q wq a.aCW]a o A 7 0 z �A ~ W ? a ]z WOODMONT WOODMONT a d o¢ c� Q 00 a o W o a m w Z / as w W COMMONS ap Cp PLAZA W W v W W W W W McNAB R❑AD W W W W W W W W \ W WppDLAND LAKES W W C❑NC❑RD VILLAGE W W V• W W W W W W �W❑0 W W W W W W W W W v W W W W W W •V LA W W W W W TS. W W W W W SANDS P❑IN r v W W CLUB W �`� W LAND , SEC, 9 W"' r W W W W y CANNpNGAPt W W W W HOUSE �a. W W W �V GQGpNr Lc: Q �. �� W 4 GARDENS W LMS W W W W W P W ❑LF W v W W �� CA W ��\ ,p R�\��\•1� �� \� \�~~\� v V LLAS W W W W W R ROKE a W \ S• COLONY GIR. APT W W W W SPNlDS POAGOS W PARKW❑ i W W W W W W W W W W W W W W WEDGES W W W W .r `�`Y .r W GOLF COURSE, W FAIRVIEW DR BOARDWALK APTS. w FAIRWAYS 61 ST m 61 ST BOARDWALK APTS. g 62 CT 59 PL 59 PL / 8 7 / W Q ¢ 59 CT r g ISLEST 59 CT ¢ ¢ % ¢ (EDGEW TER) 61 in MAINLANDS cm)w a r-i m 59 Sr 0o UNIT 13 59 ST f m a 3 ON a) OD j- - - - -- l 58 P ��1fj1 WATERSIDE 60 ST m MAI L NDS, ¢ ,i W w 1 . �/� 58 CT co a a j� UN T l jj a> 58 `- EARTLAND 58 ST .n 1f S �%i m CT coo ❑F ao m m 1/, 7� g8 TAMARAC �57 DR a MAI LAI IDS U T/1 S'm (P qL>> S $� ¢ 57:L]Nr. 7 GRE AVE 57 PL oo "W` 7 f 00 57 PL ` it 12 FAIR1i VE � a j OD 411� a 8741-8767 57 CT 57 CT m OFC. BLDG 57- ST NW 57TH ST ^ oc x SITE Q LOCATION z CHEVRON cu m W C❑MMERCIAL BLVD, C❑MF❑RT-SUI.DWG COMFORT SUITES UTILITY EASEMENT ENCROACHMENT AND HOLD HARMLESS AGREEMENT Exhibit 2 UTILITY EASEMENT ENCROACHMENT AND HOLD HARMLESS AGREEMENT BETWEEN THE CITY OF TAMARAC AND THIS AGREEMENT made this day of , 200 / by and between the CITY OF TAMARAC, a municipal corporation with principUl offices located at 7525 NW 881" Avenue, Tamarac, Florida 33321 (hereinafter called CITY) and Tamarac Hotels Inc., a Florida corporation with principal offices located at 2201 N. Federal Hwy, Fort _Lauderdale, FL 33305 __ (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 recorded in O.R. Book 69 page 42 of the Broward County public records; and WHEREAS, said existing landscaping and/or structures are described on the site plan for Comfort Suites prepared by James E.GilgenbAPbdated27Nov 00, 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. 000717 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. 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 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 TAMARAC, through its Mayor and OWM-e'A , through its President, % L % N-Vel — , duly authorized to execute same. ATTEST: CITY F TAMARAC Joe Schreiber, Mayor Date: 5-/5-"l Marion Swens n, CIVIC ' I —JeVEK L. lailler, City Manager City Clerk I as to form and 9'Uffil 4 Ulldl Mitcb9II S. Kraft, City A y orn STATE OF FLORIDA : SS COUNTY OF h9WG 6( : 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 4- �C' C. j-g to me known to be the persons) described in and who executed he foregoing instrument and acknowledged before me and under oath that execut d the same. WETNESS my hand and official seal th' l5 day of u#aq 200l PAWN M. LESNIAKOWSKI COMNSWNCC962198 NOTARY PUBLIC, State of Florida RY EXMRES AW 20 2004 at Large na ofDA Mr+ NOTOY 641VA1 M. (CSAJIZ) eAWS l (Name of Notary Public: Print, Stamp, or type as Commissioned) Personally known to me, or Produced Identification 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. Type Name Corporate Secretary (Corporate Sea STATE OF FLORIDA SS COUNTY OF (GRANTOR) ((�� B' �c J Y: - Type Name�-- President I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid and in the County afores id to take acknowledgments, personally appeared to me known to be the person(s) described in and who xecuted the foregoing instrument and acknowledged before me and under oath that executed the same. WITNESS my hand and official seal this 20 ol. r (� Personally known to me, or ( ) Produced Identification -:: l �MMiaM�WM1 Florida at Large (Name of tary Public: Print, Stamp, or Type as Commissioned) Type of I.D. Produced ( ) DID take an oath, or ( ) DID NOT take an oath. 000717 EXHIBIT "A" LEGAL DESCRIPTION: LOTS 4,5 AND 6, BLOCK 7, LYONS COMMERCIAL SUBDIVISION, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 69, PAGE 42, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA. LESS: THE SOUTH 7.00 FEET OF SAID LOTS 4,5 AND 6. I STONIER & ASSOCIATES, Inc. 1372 North University Drive SURVEYORS - PLANNERS Tel. (954) 370-1880 Plantation, Florida 33322 5 LB. 0033 Fax (954) 370-1883 CITY OF TAMARAC, BROWARD COUNTY, FLORDA EXHMIT 'B' THIS SKETCH N.W. 57th STREET 3 z SCALE: 1 " ; 50' WEST COMMERCIAL BOULEVARD 6?%iw N.W. 57th STREET LOCATION MAP !I 0 12 25 50 100 106' RIGHT—OF—WAY (NOT TO SCALE) GRAPHIC SCALE NORTH LINE OF BLOCK 7 P.O.B. - S 8935'06" W 300.00' y 100.00' (P) 100.00' (P) 100.00' (P) I I 8.92 '1 POINT OF .16 TERMINATION :t CO 15.00' g o m 0LO CO U � � q Boa a z EEC I ( J L1NT �m z N89'35'06" POINT OF I a 36.17 TERMINATION 6 0 o T5 rn p N J N q � � I � h ..... .. ..... .. .... , - - O M I O N d (1 REFERENCE POINT "D" :.,....,.. = 3 34.05' o :. POINT OF n TERMINATION a � N o g S8935'06 "W — 10. 5 7' REFERENCE n REFERENCE POINT "C" POINT "B" S89'35'06"W 242.68 � S89'35'06"W S00'24'54"E 20. z `,.86' SOUTH LINE OF BLOCK 7 19.63' I POINT OF 0. TERMINATION N 89'3 'O6" E 30 00' 100.00' (P) 100.00' (P) 100.00' (P) L7' RIGHT-OF-WAY DEDICATION PER WEST COMMERCIAL BOULEVARD PO.R,B. 6786 PER O.R.B. PG. 930, B-C.R. 120' RIGHT--OF—WAY H z N89'35'06 'E 28.90 T5 9C Zm RAJ , a 0 o - I 0) O CD V I a EXHIBIT C �wr rn oc�aoR�mwmlwsms A"Mff QSMT)0 LQf =AM W MiGLE FMMY RESMfM4L OLSTRIL'T) T — NORTHWES 57TH STREET 'or wR. t raM >M m r IewTaN I Exr cNEIn[wl m [s.@ FT. � via[ •frNRLT rRVIRR anRl $wwc m wwwAw Mir � IIw r vu[ x rmL mwa< 3 0 0. 0 0 F T. a, I I I v lc.F FT.N Y �o rWs MIIT Rrrr VIl[ L.Rf sCAFIR■ SUFFER I 1 I I I 1 I ara�ntelr /M w[ •�R, :.:IRI:R,.�x� L, i QII I I I i 1-;U- - 11 IPA r r I I xall[. mwL. e 4 M L------.. --------iY. cm.. ! v= mC >7mpw" MaT M"m MRN 4.�`w � I s r w 9 r r — —OF — �w�.y r i I& Y! .t• t If Jv!R[ ■Rl[C11FIR9 ■Y [R--�------- � — x�Ir 3 0 0. 0 0 F T. smuuw .ry mea fiemu WEST COMMERCIAL BOULEVARD AD.RI b f tsnMro LOf ZOMM (CITY OF LAISCMtlLU SITE PLAN S C A L E: NOT TO SCALE LEGAL DESCRIPTION: DAM F99 — T ABO 5:103 LOTS 4.3 L 6, MJ3CK 7• LYONS COME RML SLMMVMM CITY IF TANAW— BMWMM =*fry, FLMUM 6M vMT CMMIICML Lva. TA1[Y w nmm