HomeMy WebLinkAboutCity of Tamarac Resolution R-2001-336Temp. Reso. #9587
Page 1
November 14, 2001
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2001-336
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA, AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO EXECUTE AN
AGREEMENT BETWEEN THE CITY OF TAMARAC AND
TAMARAC HOTELS, INC., A FLORIDA CORPORATION,
FOR THE CONSTRUCTION OF A 42 INCH DIAMETER
DRAINAGE MAIN ON NW 57 STREET; AUTHORIZING
AN EXPENDITURE IN THE AMOUNT OF $43,543;
AUTHORIZING A BUDGET TRANSFER WITHIN THE
STORMWATER MANAGEMENT FUND; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Tamarac is responsible for maintaining the drainage
systems within City public rights of way; and
WHEREAS, the City is aware of existing flooding problems on NW 57 Street
between Pine Island Road and University Drive within the public rights of way; and
WHEREAS, the Public Works Department has determined that the construction
of a 42 inch diameter drainage main on NW 57 Street between the proposed Comfort
Suites Hotel and NW 81 Street would be sufficient to reduce the flooding problems
within the public rights of way; and
WHEREAS, the City of Tamarac has requested that Tamarac Hotels Inc.,
developer of the Comfort Suites Hotel, increase the size of their required drainage main
from 15 inches to 42 inches in diameter; and
WHEREAS, Tamarac Hotels, Inc. has executed an agreement to construct a 42
inch diameter drainage main of NW 57 Street, attached hereto as Exhibit "A"; and
Temp. Reso. #9587
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November 14, 2001
WHEREAS, the City of Tamarac agrees to compensate Tamarac Hotels
Inc., for the difference in cost between the construction of a 15 and 42 inch diameter
drainage main; and
WHEREAS, the amount to be paid by the City of Tamarac to Tamarac Hotels
Inc., is $ 43,543 at time of final approval by the City; and
WHEREAS, a budget transfer in the amount of $43,543 from Project No. SW98B
"Drainage Improvements — City", to Project No. SW02A "42" Drainage Main- 57 Ave." is
necessary to provide adequate funding; and
WHEREAS, the Director of Public Works and Assistant City Engineer
recommend that the attached Agreement between the City of Tamarac and Tamarac
Hotels, Inc. be approved; 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 enter into an
Agreement with Tamarac Hotels, Inc. for installation of a 42 inch diameter drainage
main on NW 57 Street.
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.
SECTION 2: That the appropriate City officials are HEREBY authorized to
execute the Agreement between the City of Tamarac and Tamarac Hotels, Inc., a
Florida corporation, for installation of a 42 inch diameter drainage main on NW 57
1
1
Temp. Reso. #9587
Page 3
November 14, 2001
Street, attached hereto and made a part of this Resolution as Exhibit "A".
SECTION 3: A budget transfer in the amount of $43,543 within the Stormwater
Management Fund is hereby authorized.
SECTION 4: That 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
passage and adoption.
PASSED, ADOPTED, AND APPROVED this 14th day of November, 2001.
ATTEST:
MARION SWENSON, CMC
CITY CLERK
have approved this
RE6ODUTION as to form
ITCHELL S.KRAFT
CITY ATTORNEY
a
-n
JOE SCHREIBER
MAYOR
RECORD OF COMMISSION VOTE:
MAYOR SCHREIBER Ayes
DIST 1: COMM. PORTNER ,4 g
DIST 2: COMM. MISHKIN A e,
DIST 3: V/M SULTANOF A e,
DIST 4: COMM. ROBERTS Ave,
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Exhibit "A:
Temp. Reso. #9587
Page 1
AGREEMENT
BETWEEN TAMARAC HOTELS INC.
AND THE CITY OF TAMARAC
FOR CONSTRUCTION OF A 42 INCH DIAMETER
DRAINAGE MAIN ON NW 57 STREET
THIS AGREEMENT is made and entered into thisA%y of November, 2001, by
and between the City of Tamarac, a municipal corporation with principal offices located
at 7525 NW 88 Avenue, Tamarac, FL 33321 (hereinafter "CITY") and Tamarac Hotels,
Inc, a Florida Corporation with principal offices located at 2201 N. Federal Highway,
Fort Lauderdale FL 33305 (hereinafter "OWNER"), to fulfill drainage requirements for
the Comfort Suites Development.
WHEREAS, pursuant to City Code Section 10-221 the OWNER is required to construct
a positive outlet drainage system to serve the proposed Comfort Suites Hotel located at
8301 W. Commercial Boulevard.
WHEREAS, the OWNER'S design professional engineer has determined that a 15 inch
diameter drainage main is required on NW 57 Street to serve as a positive drainage
outlet for the proposed Comfort Suites Hotel; and
WHEREAS, the CITY'S Public Works Engineering Division has determined that a 42
inch diameter drainage main is required to minimize possible flooding within the public
right-of-way of NW 57 Street between the proposed Comfort Suites Hotel site and NW
81 Avenue; and
WHEREAS, the OWNER and the CITY desire to enter into an agreement for the
OWNER to obtain all permit approvals and construct to the satisfaction of the CITY the
required 42 inch diameter drainage main on NW 57 Street; and
WHEREAS, the OWNER'S design engineer has submitted a certified cost estimate,
attached herewith as Attachment 1 that has been reviewed and approved by the Public
Works Engineering Division determining that the difference in the cost for installation
between a 15 and a 42 inch diameter drainage main is forty three thousand five
hundred and forty three dollars ($43,543); and
WHEREAS, the CITY agrees to pay the OWNER the difference in cost between the
installation of a 15 and a 42 inch diameter drainage main in the amount of forty three
thousand five hundred and forty three dollars ($43,543) at the time of completion and
final inspection approval by the City;
NOW, THEREFORE, in consideration of the terms and conditions, provisions,
covenants and promises hereinafter set forth, the CITY and OWNER agree that:
1
Exhibit "A:
Temp. Reso. #9587
Page 2
1. RECITALS:
The parties agree that the foregoing recitals are true and correct and
incorporated herein by this reference.
2. "' PERMITS:
The OWNER is responsible for obtaining all permits and required approvals from
the regulatory agencies, including but not limited to the Florida Department of
Environmental Protection, South Florida Water Management District, Broward
County Department of Planning and Environmental Protection, and the CITY.
3. ORDINANCES AND REGULATIONS:
The OWNER shall comply with all applicable State, County, and CITY
ordinances and regulations pertaining to improvements, including but not limited
to those of the Florida Department of Environmental Protection, South Florida
Water Management District, Broward County Department of Planning and
Environmental Protection, and the CITY.
4. STRUCTURES:
The CITY operates and/or maintains structures including but not limited to
floodgates, seawalls, and pipes within the public rights of way. To this end, the
OWNER shall repair or replace prior to final approval by the CITY and at no cost
to the CITY, any structures that are damaged or destroyed by the OWNER or its
officers, employees, agents, subcontractors, or independent contractors.
5. INDEMNIFICATION:
The OWNER shall indemnify and hold harmless the CITY, its elected and
appointed officials, employees, and agents from any and all claims, suits,
actions, damages, liability, and expenses (including attorney fees) in connection
with loss of life, bodily or personal injury, property damage, waterway damage,
or environmental damage including loss of use thereof, directly or indirectly
caused by, resulting from, arising out of or occurring in connection with the
operations of the OWNER or its officers, employees, agents, subcontractors, or
independent contractors. The OWNER shall not indemnify the CITY for acts or
conduct caused by the CITY, its elected officials, employees and agents.
The above provisions shall survive the termination of this Agreement. Nothing
contained herein is intended nor shall be construed to waive the CITY'S rights
and immunities under the common law or Florida Statutes 768.28, as amended
from time to time.
2
Exhibit "A:
Temp. Reso. #9587
Page 3
6. INSURANCE:
OWNER and OWNER'S contractors shall obtain and maintain at OWNER'S and
OWNER'S contractors expense all necessary insurances in such forms and
amounts as required by CITY'S Risk Manager before work begins under this
Agreement including but not limited to Workers Compensation Insurance,
Unemployment Insurance, Liability Insurance, and all other insurances required
by law. OWNER and contractors hired by OWNER shall maintain such
insurances in full force and effect during the life of this Agreement and shall
name CITY as an additional insured on all required policies. OWNER shall
provide the CITY'S Risk Manager certificates of all insurances required under
this section prior to any work commencing under this Agreement.
OWNER shall indemnify and hold harmless the CITY for any damages resulting
from failure of OWNER and OWNER'S contractors to take out and maintain
such insurances. OWNER shall be responsible for payment of all deductibles
and self-insurance retention on Liability Insurance policies. OWNER'S
contractors shall have and maintain necessary insurances.
7. BONDING:
OWNER and OWNER'S contractor shall furnish a Public Improvement Bond in
the amount of 100% of the improvements as security for the faithful performance
of all of the OWNER'S obligations under this Agreement, per City Code Section
10-156.
If the surety on any bond furnished by the OWNER and OWNER'S contractor is
declared bankrupt or becomes insolvent, or its right to do business is terminated
in Florida, the OWNER and OWNER'S contractor shall, within seven (7) days
thereafter, substitute another bond meeting the requirements outlined above,
which must also be acceptable to the CITY.
8. FINAL INSPECTION:
Upon completion of construction, the OWNER shall contact the CITY to schedule
a final inspection.
9. PAYMENT:
A lump sum payment by the CITY to the OWNER in the amount of $43,543 shall
be made upon completion of construction and final inspection approval by the
CITY.
M
12
Exhibit "A:
Temp. Reso. #9587
Page G
ASSIGNMENT:
The OWNER shall not transfer or assign the performance required by this
Agreement without the prior written consent of the CITY.
TERMINATION:
" This Agreement may be terminated by CITY or OWNER for cause or by the CITY
if the CITY deems termination to be in the best interests of the health, safety and
welfare of its citizens, upon written notice by the terminating party to the other
party of such termination. In the event that the OWNER abandons this
Agreement or causes it to be terminated, OWNER shall indemnify the CITY
against loss pertaining to this termination.
NOTICE:
Whenever either party desires or is required under this Agreement to give notice
to any other party, it must be given by written notice, sent by registered United
States mail, with return receipt requested, addressed to the party for whom it is
intended at that party's last specified address, and such address shall remain the
same until written notice of any change in address is received by either party
from the other, at which point, such new address shall become the last specified
address. For the present, the parties designate the following as the current
addresses for giving notice:
CITY:
City Manager
7525 NW 88th Avenue
Tamarac, FL 33321
With a Copy to:
Public Works Director and City Attorney
6011 Nob Hill Road 7525 NW 88th Avenue
Tamarac, FL 33321 Tamarac, FL 33321
Mr. Dilip Patel, President
Tamarac Hotels, Inc,
2201 N. Federal Highway
Fort Lauderdale FL 33305
rd
Exhibit "A:
Temp. Reso. #9587
Page 5
13. VENUE:
The Agreement shall be governed by the laws of the State of Florida as now and
hereinafter in force. The venue for actions arising out of this Agreement is fixed
in Broward County, Florida.
14. SIGNATORY AUTHORITY:
The OWNER shall provide the CITY with copies of requisite documentation
evidencing that the signatory for OWNER has the authority to enter into this
Agreement.
15. SEVERABILITY:
Any provision in this Agreement that is prohibited or unenforceable in any
jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such
prohibition or unenforceability without invalidating the remaining provisions
hereof or affecting the validity or enforceability of such provisions in any other
jurisdiction.
16. MERGER; AMENDMENT; RENEWAL:
This Agreement constitutes the entire Agreement between the OWNER and the
CITY, and supercedes all prior negotiations, oral understandings and
agreements between the parties, which are merged herein.
This Agreement can be supplemented, amended, or renewed only by written
document executed by both the OWNER and the CITY. CITY shall continue to
hold all rights in the property and nothing in this Agreement shall limit such rights.
M
Exhibit "A:
Temp. Reso. #9587
Page 6
IN WITNESS WHEREOF, OWNER has hereunto set his hand and seal on the day and
year first above written.
ATTEST: Q�
By:a/" I
Type Name -bk \, \ Q 9 ��
Corporate Secretary
Date: � „1=7 , 2001
(Corporate Seal)
STATE OF FLORIDA
: SS
COUNTY OF I&WA4-
OWNER
By: Oil
Type Name
President
e 01T .
Date: ) l :::n , 2001
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State
afor said and�s' the County aforesaid to take acknowledgments, personally appeared
7ILre T�7 -- to me known to be the person(s) described in and
who executed the foregoing instrument and acknowledged before me and
under oath that executed the same.
WITNESS my hand and official seal this iC day of AVEw4v , 2001 .
(wJ10ersonally known to me, or
( ) Produced Identification
IC, Sfatb of Florida
NpANI�u. �w
MY COMMISSION N
EXPIRES: Puy
0,4edThruNW" —1�
(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.
! Exhibit "A"
Temp. Reso. #9587
Page 7
ATTEST:
By:
Jeffrey Iler
City,Wanager
ATTEST:
By:
Marion Swenson, dMC
City Clerk
STATE OF FLORIDA
SS
COUNTY OF'PSCOWA ->0
ACCE. TED BY CITY OF TAMARAC
T
By:
Joe S hreiber
Mayor
Date:
By: /'17 _
Jeffrey L. Miff4r
City Manager
//- J4 - C l
proyecq as
By:
Mitchetl S. Kraft,
City Attorney
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
JeL: SCJ-)k J,�-_ - Ce& L. k,1j1Ztk to me known to be the person(s) s described in and
.�ex p ( )
who executed the foregoing instrument and '7T-h'i acknowledged before me and
under oath that -r-W1 executed the same,
WITNESS my hand and official seal this
DAWN M. IESNIAKOWSKI
puMF coMMISSON CC962198
L uo EXPIRES AUG 20 2004
==11:�t
( ✓� Personally known to me, or
( ) Produced identification
) 4- day of /V ( v� i' I u.e, r , 2001.
�, j.7 ! 1, i! < ( `_�'.. i'.��i3`,(l-t.4J.-�•�_..
NOTARY PUBLIC, State of Florida
at Large
�-f. /yowsk-�
(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
7