HomeMy WebLinkAboutCity of Tamarac Resolution R-99-003Temp. Reso. #8480, December 10, 1998 1
CITY OF TAMARAC
RESOLUTION NO. R-99- 0-8
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA, AUTHORIZING THE
APPROPRIATE OFFICIALS TO ACCEPT AND EXECUTE A
UTILITY EASEMENT ENCROACHMENT AND HOLD
HARMLESS AGREEMENT WITH BROWARD TEACHERS
UNION FOR THE LANDSCAPING AND/OR STRUCTURES
ERECTED IN A UTILITY EASEMENT IN THE BROWARD
TEACHERS UNION PROJECT LOCATED AT 6000
UNIVERSITY DRIVE; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, Broward Teachers Union, owner of the Broward Teachers Union
Project (attached hereto in map form as "Exhibit 1 ") located at 6000 University Drive
constructed landscaping and/or structures in a utility easement; and
WHEREAS, the owner, Broward Teachers Union, 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 the landscaping and/or structures as a result of any repair or maintenance to
the utility easement or infrastructure; and
WHEREAS, the Director of Utilities recommends the acceptance and execution
of this Utility Easement Encroachment and Hold Harmless Agreement for the Broward
Teachers Union Project; and
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Temp. Reso. #8480, December 10, 1998 2
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 Broward
Teachers Union, for the landscaping and/or structures erected in a utility easement in
the Broward Teachers Union Project.
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.
SECTION 2: That the appropriate City Officials are hereby authorized to
accept and execute a Utility Easement Encroachment and Hold Harmless Agreement
with Broward Teachers Union, for the landscaping and/or structures erected in a utility
easement in the Broward Teachers Union Project (attached hereto as "Exhibit 2")
located at 6000 University Drive.
SECTION 3: That 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
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Temp. Reso. #8480, December 10, 1998 3
applications of this Resolution.
SECTION 6: This Resolution shall become effective immediately upon its
passage and adoption.
PASSED, ADOPTED AND APPROVED this day of
1999.
ATTEST
CAROL qqLD, CMC/AAE
CITY CLERK
I HEREBY CERTIFY that I have
this RESOLUTION as
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CITY
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JOE SCHREIBER
MAYOR
RECORD OF COMMISSION VOTE
MAYOR CHREIBER
DIST 1: COMM- MGKAYE
DIST 2: V/M _MISHKIN
DIST 3: COMM. SULTANOF
DIST 4: COMM. ROBERTS
EXHIBIT I
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COMMERCIAL BLVD (CO RD. 870)
BRO-TEACH-UNION.I)WG
BROWARD TEACHERS UNION
UTILITY EASEMENT ENCROACHMENT AND HOLD HARMLESS AGREEMENT
"Exhibit 2"
UTILITY EASEMENT ENCROACHMENT
• AND
HOLD HARMLESS AGREEMENT BETWEEN
THE CITY OF TAMARAC
AND
Broward Teachers Union
THIS AGREEMENT made this %-3� day of 19 q9 by and
between the CITY OF TAMARAC, a municipal cor ` ation witIVPrincipal offices located
at 7525 NW 88"' Aven*llorida
marac, Florida 33321 (hereinafter called CITY) and
Broward Teachers Union corporation with principal offices located at 3800
Inverrary Blvd. Suite 209, Ft. Lauderdale, FL 33319, (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 4057 page 961 of the Broward County public
records; and
WHEREAS, said existing landscaping and/or structures are described on the site
plan for Broward Teachers Union prepared by R. Green -Architects and dated September
1998, 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 40
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.
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 an�ty line. The cost of
removal shall be borne by Browa_ rdTeachers Unio s 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
op parcel described in Exhibit A.
IN WITNESS WHEREOF, the parties have made and executed this Removal of
Utility Easement Encroachments and Hold Harmless Agreement on the
respective dates under each signature. CITY OF TAMARAC, through its Mayor
and . through its President, 4NTt 0Ajj J.6ENTi Le duly
authorized to execute same.
A T T E T:
Carol Gold, C/AAE
City Clerk
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ATTEST:
Corporate Secretary
(Corporate Seal)
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Type/Print Name
C.
CITY OF TA RRAC
,oi Schreiber, Mayor
Date:
rt S. Noe, Jr., City Manager
Type/Print N me
Date: % J v Z, 14 5 F
tARLENE
FFICIAL NOTARY SEAL
M MAROTTA
Y PUBLIC. STATE OF FLORIDA
MMISfi�') , \O. CC5059,38
Nov-12-98 14:47 From-BROWARD TEACHERS UNION +9547391803 T-977 P 02/02 F-455
"Exhibit A"
Sroward Teachers Union
Property: 6000 N. University Dr.
Tamarac, 1.1. 333,2 1
Legal Description:
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All of Parcel A of "Bank of Tamarac" according to the Plat thereof recorded in
Plat Book 82, Page 7, of the Public Records of Broward County, Florida
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LEGAL DESCRIPTION:15.00 UTILITY EASEMENT
THE WEST 18 FEET OF PARCEL 'A', BANK OF TAMARAC, ACCORDING TO THE
'PLAT THEROF, AS RECORDED IN PLAT BOOK 82 AT PAGE 7, PUBLIC 02
RECORDS. BROWARD COUNTY, FLORIDA. i
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0 SUBJECT TO EXISTING EASEMENTS, RIGHTS OF WAY, RESERVATIONS AND g
RESTRICTIONS OF RECORD, IF ANY.
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NOTES: NOT A SURVEY
1, DATA SHOWN HEREON WAS COMPILED FROM OTHER
INSTRUMENTS AND DOES NOT CONSTITUTE A FIELD SURVEY SCALE: 1.. =40'
AS SUCH. P.B.- Plot Book
2. CCL CONSULTANTS, INC'. CERTIFICATE OF AUTHORIZATION B.C.R.' Braward County Records N No. 3610, IS ISSUED BY THE FLORIDA DEPARTMENT OF
• BUSINESS AND PROFESSIONAL REGULATION In
). BEARINCS ARE BASSO ON THE NORTH LINE OF THE PLAT
OF 'BANK OF TAMARAC; SAID NORTH LINE HAVING l•
A BEARING OF NORTH 00'01•2Y WEST
REVISIOINS DATE By
UTILITY EASEMENT 105/23/971 OMB lcragofy S.
PROFESSIONAL SURVEYOR k MAPPER IAAJY. STATE OF FLORIDA '^ ;
DA1OS/23/97 BRAWN oma I BYECKEDGSM
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Temp. Reso. #8480
CITY OF TAMARAC
INTEROFFICE MEMORANDUM
UTILITIES DEPARTMENT
TO: City Manager DATE: December 10, 1998
FROM: Utilities Director RE: Broward Teachers Union — Utility
Easement Encroachment and
Hold Harmless Agreement
Recommendation:
A Resolution of the City Commission to authorize the appropriate City Officials to
accept and execute a Utility Easement Encroachment and Hold Harmless Agreement
with Broward Teachers Union, for the landscaping and/or structures constructed in a
utility easement in the Broward Teachers Union Project located at 6000 University
Drive.
Issue•
To accept and execute a Utility Easement Encroachment and Hold Harmless
Agreement from Broward Teachers Union for the landscaping and/or structures
constructed in a utility easement in the Broward Teachers Union Project.
Background:
Broward Teacher's Union, owner of the Broward Teachers Union Project will construct
a patio/deck, which will encroach 3' into a utility easement. Broward Teachers Union
has offered a Utility Easement Encroachment and Hold Harmless Agreement to the City
of Tamarac for this landscaping and/or structures.
The Director of Utilities recommends the acceptance and execution of this Utility
Easement Encroachment and Hold Harmless Agreement with Broward Teachers Union,
for the landscaping and/or structures in the Broward Teachers Union Project.
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