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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 Page 2 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, ■IN .I ... �'I O V'i I € I 1° 191tlNVU 1 ,� oo 'a U Q W l 00 N atl I1 ... .... Atl Z_. . . N Ili y oc �ii o a av i `p� N � �wt !_1_._.-,I._.3..._. d + �� ji.� � 13 'y �W..,\,..:�....�.��M�.:-:�','«;;.;:.:.«'w"�»..,••...,....�._?' t eq t M,, F rn W�� O W 4 *v %A O oW U ...... �..... K � d Ir Q U F � } ZA° 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