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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 1 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 n 1 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 MITCH CITY MW/krs/mg EY 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 :7 0 r-] L TEMP. RESO. # 8480 MCNAB ROAD TAMARAC TEXACO PLAZA BR13OKWOOD > 6980 PLAZA CD MRKT. > --,,WOODLANDS McNAB PLAZA w 68 ST SCHOOL 67 ST atj BELLE y 7 C3 TERRE > M 66 ST 0. ell cu u OF TAMARAC ell MAINL NDS S 15Z 0 z 65 UNIV, 64 CT SHOPPES z OFCS- 64 ST . 64 ST E G A N ................... le PLAT > 63 CT 63 > < �;/ CT 71 63 ST 63 ST SAINT 62 ST 62 STCY 62 ST MALACHY > > > > < JOHN a< < -/,o 61 ST HORAN c) CD TER. %D cu r- 61 ST %D CK 77 LLJ > SITE MA N ANDS SE to CT > LOCATION 7. %D CM OROWAIT 60 60 ST 10 60 S TRACHM >- r- j TL 127- 59 ST UMON 59 ST '59 S V) rg� 59 ST Ld > 00 <r 58 CT > Lr) w > 5 > LO 58 ST cja� (nST Sg STOM > O� > > 57 PL Lj -cE <E w w co 'UP I.- MARSHALLS MAIIJL SEC 9 >< > %D 57 DR r-%D .D I PLAZA 57 DR < N %D (4 r- cD MA NLA DS SEC 8 >- z �57 CT 57 CT z w ca 57 ST z > Q� 0 L) LO Q� tD _j ACE BLATT 0 w N z z C3 t-- 0 < w z <E MARKETPLACE 'T Z < w Lo Li 0 u DQ�0- W-z z z w OF <E (L < PLAT ap r, Z Li TAMARAC X C3 -J < L < m a. 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 �J ATTEST: Corporate Secretary (Corporate Seal) 13wh Ic S`� 11 l,I-�. 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: i 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 C] • 0 n CC- Fa�asiT "B„ _ o ENGINEERS SURVEYORS PLANNERS 2200 FARX C=NTM a6Yo. N. 7UM 100 PoNvAN0 st"m R 5.7or4 (7o0) n4-[;oe aRU1ND0 N TMSSURVEY 120 Ingress do Egress Easement ao.ai' 40' tveo'Dt'44•r Willi cove = Location Asp z NOT TO SCALE No e A $ w � � G w F O J NI CaFsr ,4 A ro isr_._—_--._._,__ AM�1st e0.01' 40• isawk 1 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 h 0 SUBJECT TO EXISTING EASEMENTS, RIGHTS OF WAY, RESERVATIONS AND g RESTRICTIONS OF RECORD, IF ANY. �o 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 Co 7N w co .0 CM c-� Ln co cri No Text • 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. M4h,,1XA1,ik,, 0 MW/krs/mg