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HomeMy WebLinkAboutCity of Tamarac Resolution R-99-101Temp. Reso. #8578, Februrary 26, 1999 CITY OF TAMARAC RESOLUTION NO. R-99-/0 / 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 SIB UNIVERSITY, LLC, NB UNIVERSITY, LLC AND 3510531 CANADA, INC., FOR THE SIDEWALKS ERECTED IN A UTILITY EASEMENT IN THE McNAB MARKETPLACE (WENDY'S) PROJECT, LOCATED ON THE WEST SIDE OF UNIVERSITY DRIVE AND NORTH OF McNAB ROAD; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, SIB University, LLC, NB University, LLC and 3510531 Canada, Inc., owner of the McNab Marketplace (Wendy's) Project (attached hereto in map form as "Exhibit 1 ") located on the west side of University Drive and north of McNab Road constructed sidewalks in a utility easement; and WHEREAS, the owner, SB University, LLC, NB University, LLC and 3510531 Canada, Inc., 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 sidewalks 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 McNab Marketplace (Wendy's) Project; and 1 Temp. Reso. #8578, Februrary 26, 1999 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 SB University, LLC, NB University, LLC and 3510531 Canada, Inc., for the sidewalks erected in a utility easement in the McNab Marketplace (Wendy's) 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 SB University, LLC, NB University, LLC and 3510531 Canada, Inc., for the sidewalks erected in a utility easement in the McNab Marketplace (Wendy's) Project (attached hereto as "Exhibit 2") located on the west side of University Drive and north of McNab Road. 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 Temp. Reso. #8578, Februrary 26, 1999 3 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 c7jo day of 1999. ATTEST: CAROL Gtb, CMC/AAE CITY CLERK I HEREBY CERTIFY that I have appr e t s RE OLUTION as to f rm. MITCHE L K� MW/krs/mg "I FT yIW&WATI0 i :�►1WA JOE SCHREIBER MAYOR RECORD OF COMMISSIO VOTE MAYOR SCHREIBER Noil -T40 "t"':2 W /�1a r MOM MO.* •s, v TcA .� l I 1 Temp. Reso. # 8578 CITY OF TAMARAC INTEROFFICE MEMORANDUM UTILITIES DEPARTMENT TO: City Manager DATE: February 26, 1999 FROM: Utilities Director RE: McNab Marketplace (Wendy's) — Utility Easement Encroachment and Hold Harmless Agreement Recommendation: I recommend that the City accept and execute a Utility Easement Encroachment and Hold Harmless Agreement with SB University, LLC, NB University, LLC and 3510531 Canada, Inc., for the sidewalks constructed in a utility easement in the McNab Marketplace (Wendy's) Project, located on the west side of University Drive and north of McNab Road. Issue: To accept and execute a Utility Easement Encroachment and Hold Harmless Agreement from SB University, LLC, NB University, LLC and 3510531 Canada, Inc., for the sidewalks constructed in a utility easement in the McNab Marketplace (Wendy's) Project. Background: SB University, LLC, NB University, LLC and 3510531 Canada, Inc., owner of the McNab Marketplace (Wendy's) Project has constructed sidewalks in a utility easement. SB University, LLC, NB University, LLC and 3510531 Canada, Inc., 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 SB University, LLC, NB University, LLC and 3510531 Canada, Inc., for the sidewalks in the McNab Marketplace (Wendy's) Project. J , I az /�: � Michael Woika MW/krs/mg EXHIBIT .I • • • fbMY. 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Vt=R CfR SAI �LE,, W \ y y y y ❑r Q TAMARAC � GARDCNS y y n WENDY'S.DWC McNAB MARKETPLACE (WENDY'S) UTILITY EASEMENT ENCROACHMENT AND HOLD HARMLESS AGREEMENT "Exhibit 2" UTILITY EASEMENT ENCROACHMENT AND 41 HOLD HARMLESS AGREEMENT BETWEEN THE CITY OF TAMARAC AND SB University, LLC NB University, LLC and 3510531 Canada Inc. 4 THIS AGREEMENT made this day of 19 by and between the CITY OF TAMARAC, a municipal corporation with p ' cipal offices located at 7525 NW 880 Avenue, Tamarac, Florida 33321 (hereinafter called CITY) and SB University, LLC, NB University, LLC and_3510531 Canada, Inc., a Florida corporation with principal offices located at 2005 W. Cypress Creek Road, Suite 202, Ft. Lauderdale, FL 33309, (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 Plat Book 135 page 2 of the Broward County public records; and WHEREAS, said existing landscaping and/or structures are described on the site plan for Wend 's at McNab Marketplace prepared by Sun -Tech Engineering,_ Inc_. and dated February $ 1999, 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. sk 990308 1 Utility Easement Encroachment and Hold Harmless Agreement C] 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 the 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. 990308 2 Utility Easement Encroachment and Hold Harmless Agreement IN WITNESS WHEREOF, the parties have made and executed this Utility Easement Encroachments and Hold Harmless Agreement on the respective dates under each signature. CITY OF TAMARAC, through its Mayor and SB University, LLC., NB University, LLC. And 3510531 Canada Inc., through its General Partner,Sam Butters, duly authorized to execute same. ATTES Carol Gold, CN4JAAE City Clerk Ij as to form and legal suffici Mitch I S. Kraft, City A STATE OF FLORIDA SS COUNTY OF Ot 6eZ CITY OF TAMARAC Joe Schreiber, Mayor a � -31C�) S. Noe, Jr., City Manager' DEVELOP OWNER By � J Gene I artner Sam Butters Type/Print Name Date: • 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 54M Su7-rEPs to me known to be the person(s) described in and who executed the foregoing instrument and acknowledged before me and under oath that g executed the same. WITNESS my hand and official seal this day day of 1999. 1g='L& ZZY, �� NQTARY PUBLIC, State of Florida at Large TERESA M. KELSON o� F� D9 My Carom Exp. 10/2812001 Pliv1' a-. Bonded By Service Ins (Name of No a bli%—R i ,, i S @MP 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 990308 3 Utility Easement Encroachment and Hold Harmless Agreement - _ EXHIBIT A FP.B. EY NOTES: VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA SED SURVEYOR AND MAPPER. S SHOWN HEREON WERE NOT ABSTRACTED FOR RIGHTS OF WAY,EASEMENTS, RSHIP, OR OTHER INSTRUMENTS OF RECORD. NGS SHOWN HEREON ARE RELATIVE TO THE PLAT OF 'UNIVERSITY AND McNAB PLAT' 5. PAGE 2, BROWARD COUNTY RECORDS)WITH A REFERENCE BEARING OF SOUTH ' 50'EAST ALONG THE CENTERLINE OF McNA8 ROAD. LAND DESCRIPTION' HEREON WAS PREPARED BY THE SURVEYOR. SKETCH IS NOT A BOUNDARY SURVEY AS SUCH. 6. THIS SKETCH DOES NOT A CONSTITUTE A FIELD SURVEY AS SUCH, LAND DESCRIPTION, A PORTION OF PARCEL 'A', 'UNIVERSITY AND McNAB PLAT'. ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 135. PAGE 2. OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA. MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF PARCEL 'A' OF SAID PLAT: THENCE SOUTH 0012'16' EAST. ALONG THE EAST LINE OF PARCEL 'A' OF -SAID PLAT, SAME- BEING THE NON -VEHICULAR ACCESS LINE AS SHOWN ON SAID PLAT, 163.10 FEET; THENCE SOUTH 89'47'44' WEST. 51.52 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 89'47'44' WEST, 65.11 FEET; THENCE NORTH 00'12'16' WEST, 43.83 FEET, THENCE NORTH 89'47'44' EAST, 15.00 FEET; THENCE SOUTH 00'12'16' EAST, 16.45 FEET: THENCE- NORTH 89'47'44' EAST, 10.56 FEET: THENCE SOUTH 00'I2'16' EAST, 27.38 FEET; THENCE NORTH 89*47,44, EAST, 9.55 FEET; THENCE NORTH 00'12'16' WEST, 43.83 FEET THENCE NORTH 89*47*44' EAST, 15.00 FEET: THENCE SOUTH 00'12'16' EAST, 11.92 FEET; THENCE NORTH 89'47'44' EAST, 15.00 FEET; THENCE SOUTH 00'12'16' EAST, 31.91 FEET TO THE POINT OF BEGINNING. SAID LANDS LYING IN THE CITY OF TAMARAC, BROWARD COUNTY, FLORIDA CONTAINING 2083 SQUARE FEET, t0,0478 ACRE) MORE OR LESS, CERTIFICATE. IHEREBY CERTIFY THAT THE ATTACHED SKETCH OF DESCRIPTION OF THE HEREON DESCRIBED PROPERTY IS DEPICTED TO THE BEST OF MY KNOWLEDGE. BELIEF AND INFORMATION AS DELINEATED UNDER MY DIRECTION ON SEPTEMBER 23. 1997. 1 FURTHER CERTIFY THAT THIS SKETCH OF DECSRIPTION MEETS THE MINIMUM TECHNICAL STANDARDS SET FORTH BY THE FLORIDA BOARD -F PROFESSIONAL SURVEYORS AND MAPPERS IN CHAPTER 61G17-6. FLORIDA ADMINISTRATIVE CODE PURSUANT TO SECTION 472.02T. FLORIDA STATUTES, SUBJECT TO THE QUALIFICATIONS NOTED HEREON. SKETCH OF DESCRIPTION A PORTION OF PARCEL 'A' 'UNIVERSITY AND McNAB PLAT' (P.B, 135. PG. 2. B.C.R.) r KEITHDgG,IN��CHPAR� P.A- ` IN R LA NE S-SURVEYGR5 14wP. WEBER. P.S.M. A REGISTRATION NO.4323 DATE 9/23/97 DATE REVISIONS SCALE 1'=50' FIELD 6K. N.A. OWNG. BT CHK. BY P W. KEITH id SCHNARS, P.A. ENOWERS • Pl11tERS - SUFtWYMS = S MRR if ruaOMLR um 12 4E 1Ri4 SHEET NO. I OF 2 SIIEEIS DRAWING NO. 15393L- E 1P.5V_WlS 7971579 7USa._6di' EXHIBIT B w Ca -n Z Z ><-01� G7EDM>' E co3>� C7 >xt Z LOU .1 V Sao Z9 Co -ti C15 nm� wa cJ -0z ao m r I -• a a m I b A W m W c� m I a) t- i n n wrnm _0 v s I >y - rn ao ~ I C•1 v x m I r, rA mZ� ~rn m� � bmn l I aJ�0 mQv as am A o%D Lnw Pflc 61,AIq �" I yr,M i liaYdlSr"3Y oF: - .- I 0 .-._______ ____--- -- SO012.161E 163.10' ------------------- ------------------------ - ----------- WATER AND SEWER UTILITY C AND DRAINAGE EASEMENT fO.R.B. 13S74• PG. 740 B C R ) .. 0,2,12 �mr) C)�m ?ern zr•�isv Z v+ ;DOn z Nap z " c -n m-4r,_. W nW aov-n —a — --, err ,. ?� �� UNIVERSITY KZ� DRIVE vim— `Wrn rn s r r- �<+ n rn a b m n,`; EAST LINE SECTION 4-49-41 : cff a : nr p T SKETCH OF DESCRIPTION A PORTION OF PARCEL W 'UNIVERSITY AND MCNAB PLAT' (P.B. 135, PG. 2. B.C.R.) CITY ,OE_TAL4ARAC. BROWARD CO.- FLORIDA DATE9/23/97 SCALE I'=50' FIELD OX. N.A. OWNGAY V•C- CHK. BYlP•W gC1TH aed SCHNARS, P.A. LE 1}1I CNCi(EI1s Muf4As - SU VIER$ iSCO LM�tS 11I•fr•lA[OtiRL 1L 11ICF33t rb41RiA SHEET N0, 2 of 2 SHEETS )RAWING NO. 15393L - • EXHIBIT C N V N N a N v n UD 0 n r+ IV fV. 1p '4 V C' Ln V W: LT' • • uNrtvRsrry D" g WENDrS s m r.a naru Sun--TechInc T —$ $FTE PLAN �.or aw wow... craw �r.wr+7Ms n �wr.w. FL Um