HomeMy WebLinkAboutCity of Tamarac Resolution R-99-10511
March 24, 1999 - Temp. Reso. #8579 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-99- 105
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF TAMARAC, FLORIDA, ISSUING
REVISED DEVELOPMENT ORDER NO. 292.2
AND GRANTING MAJOR REVISED SITE PLAN
APPROVAL TO UNIVERSITY HOSPITAL, LTD.
FOR THE CONSTRUCTION OF A 17,534
SQUARE FOOT ADDITION, ALONG WITH A
PROPOSED DRIVEWAY CONNECTION TO NW
80 AVENUE AND AN ADDITIONAL PARKING
LOT ON THE SOUTHWEST PORTION OF THE
PROPERTY, LOCATED AT 7201 NORTH
UNIVERSITY DRIVE; PURSUANT TO CHAPTER
10 OF THE CODE OF ORDINANCES OF THE
CITY OF TAMARAC; CASE NO. 5-SP-99;
PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, pursuant to the instructions of the City Commission of the City of
Tamarac, Florida, a public meeting has been advertised in accordance with applicable law
of the date, time and place of the meeting regarding the review of the application for a
Revised Development Order and Major Revised Site Plan by the applicant, University
Hospital, Ltd., for development approval; and
WHEREAS, the City Commission has examined the application, the staff and
Planning Board recommendations, and the Development Review Status Sheet dated
March 24, 1999 (attached hereto as Exhibit "'I"); and
WHEREAS, the Development Review Committee recommended approval on March
1
March 24, 1999 - Temp. Reso. #8579 2
19, 1999; and
WHEREAS, the Planning Board recommended approval on April 7, 1999; and
WHEREAS, the Director of Community Development recommends approval; and
WHEREAS, the City Commission reviewed this Revised Development Order and
accompanying documents at a public meeting; and
WHEREAS, the City Commission has determined that the application is in
compliance with all elements of the Comprehensive Plan, or will be in compliance with all
elements of the Comprehensive Plan, or will be in compliance prior to the issuance of a
Certificate of Occupancy for the development; and
WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in
the best interests of the citizens and residents of the City of Tamarac to issue Revised
Development Order No. 292.2 and grant Major Revised Site Plan approval to University
Hospital, Ltd. for the construction of a 17,534 square foot addition, along with a
proposed driveway connection to NW 80 Avenue and an additional parking lot on the
southwest portion of the property, located at 7201 North University Drive; Case No.
5-S P-99.
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
March 24, 1999 - Temp. Reso. #8579 3
confirmed as being true and correct and are hereby made a specific part of this Resolution.
SECTION 2: That the application of the Major Revised Site Plan to University
Hospital, Ltd. for the construction of a 17,534 square foot addition, along with a
proposed driveway connection to NW 80 Avenue and an additional parking lot on the
southwest portion of the property, is HEREBY APPROVED subject to the following
conditions:
A. Construction is to be in complete compliance with the plans and specifications
submitted by the developer to the City of Tamarac as described in the
Development Review Status Sheet and approved engineering drawings.
B. Commencement of construction shall begin no later than one (1) year from the
date of this approval. If the development does not commence construction
within one (1) year, this approval is null and void unless an extension has been
granted in accordance with applicable regulations.
C. The Revised Development Order is assignable, but an assignment does not
discharge any assignee from strict compliance with the order unless the City
Commission consents to modify any of the original documents.
SECTION 3: All resolutions or parts of resolutions in conflict herewith are
hereby repealed to the extent of such conflict.
SECTION 4: If any clause, section, other part or application of this
Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid,
March 24, 1999 - Temp. Reso. #8579 4
1
in part or application, it shall not affect the validity of the remaining portions or applications
of this Resolution.
SECTION 5: This Resolution shall become effective immediately upon its
passage and adoption.
PASSED, ADOPTED AND APPROVED this day of 4ta
1999.
JOE SCHREIBER
MAYOR
ATTEST:
CAROL GOLD, C/AAE
CITY CLERK
I HEREBY CERTIFY that I
v ai�roved this
RE OILUTIO-N as to form.
11TCHELL S. K
CITY ATTORN
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RECORD of CoMMISSION
MAYOR SCHREIBER
DIST 1: COMM. PQRTN�..�.�
DIST 2: V/M MtSHKI�
DIST 3: �.
DIST 4: COWl-
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1
Temp. Reso. # 8556
TO: City Manager
FROM: Utilities Director
Recommendation:
CITY OF TAMARAC
INTEROFFICE MEMORANDUM
UTILITIES DEPARTMENT
DATE: March 1, 1999
RE: Walgreens Tamarac — Utility
Easement Encroachment and
Hold Harmless Agreement
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 LEF/Tamarac, Ltd., for the landscaping in a utility easement in the Walgreens
Tamarac Project, located on the northwest corner of Commercial Boulevard and NW
64"' Avenue.
Issue:
To accept and execute a Utility Easement Encroachment and Hold Harmless
Agreement from LEF/Tamarac, Ltd. for the landscaping in a utility easement in the
Walgreens Tamarac Project.
Background:
LEF/Tamarac, Ltd., Developer of the Walgreens Tamarac Project has constructed
landscaping in a utility easement. LEF/Tamarac, Ltd. has offered a Utility Easement
Encroachment and Hold Harmless Agreement to the City of Tamarac for this
landscaping.
The Director of Utilities recommends the acceptance and execution of this Utility
Easement Encroachment and Hold Harmless Agreement with LEF/Tamarac, Ltd.. for
the landscaping in the Walgreens Tamarac Project.
" r, 1141
ichael Woika
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TEMP. RESO. # 8556
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WALGREENS - COMMERCIAL AND 64th
UTILITY EASEMENT ENCROACHMENT AND HOLD HARMLESS AGREEMENT
Fab-22-99 04:51P LEFMARK Palm -Alva 954 969 4901 P-02
"Exhibit 2"
UTILITY EASEMENT ENCROACHMENT
AND
HOLD HARMLESS AGREEMENT BETWEEN
THE CITY OF TAMARAC
AND
THIS AGREEMENT made this 19 day of F e b r u a r y 1999 by and
between the CITY OF TAMARAC. a municipal corporation with principal offices located
at 7525 NW 8801 Avenue, Tamarac, Florida 33321 (hereinafter called CITY) and T F F / _
T w in n r .4 c 1, r d a (put the state] corporation with principal offices located at
(address of corporationj, (hereinafter called the OEVELOPERIOWNER), for the purpose
of holding the CITY harmless for the removal or destruction of landscaping and/or
structures located on DE'VELOPER/OWNER's property and within utility easements hold
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, UEVELOPERIOWNER has constructed or will construct landscaping
and/or structures 88 part of its development of the parcel described in Exhibit A within
ut,7rty casement(s) described in Ems, attached hereto and Incorporated herein by
reference, and recorded in O.R. Book 8 7 page 50 of the Broward County
public records; and
WHEREAS, said existing landscaping and/or structures are described on the site
plan for-Walg rgt.ri s Tamarac prppgred bynsnn-Assocand dated _I/ Z 7 / 91
a copy of which is on file with the CITY and attached hereto and incorporated
herein by reference as hi it C• and
WHEREAS, CI1 Y is grantee of the utility easement(s) described above and has
an obligation to maintain and repair utility lines in order to some 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 andior�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.
0
Fab-22-99 04:52P LEFMARK Palm-Aira 954 969 4901
2. DEVELOPERIOWNER agrees to immediately remove at its own expense
any encroachment located within the CITY's utility easement once notified by the
CITY of ouch encroachment.
3. DEVELOPERIOWNER shalt hold harmless and indemnify the CITY from
and against al! claims, lability 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 titled to make emergency repairs to utility lines within the
easements) 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. DEVELOPERIOWNER agrees that landscaping within the utility
easement(s) shall be limited t^ bushes, shrubs and flowers, and that no trees
shall be placed within the utility easement(s)_
S. DEVELOPERIOWNER 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 bome by the owner its successors and assigns."
g. DEVELOPERIOWNER shall not place encroachments within the utility
easement(s) unless specifically provided for in this Agreement.
10. This Agreement m. ntains 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 DEVELOPERIOWNER,
its agents, heirs, successors and assigns, and any subsequent owners of the
parcel described in f,2U2jbft 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.
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P . 03
Feb-22--99 04:52P LEFMAFZK Palm -Afro 954 969 4901 P.04
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, duly
authorized to execute same.
ATTE ~
Carol Gold, C AAE --__
City Clerk
as to form and
I-&
ATTEST:
Corporate Secretary
(Corporate Seal)
Type/Print Name
,,
C17 OFTAPARAC
Schreiber, Mayor
Date: ,/-1 H -9 p
e S. Noe, Jr., City Manager
DEVELOPERIOWNER�, L
4E-,,/�
By
v��-Presider`t
Type/Print Name
Date: 7, —Z
0
.7
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Feb-22-99 04:52P LEFMARK Palm -Aire 954 969 4901 P,06
"Exhibit A"
for
WALGREENS
6401 West Commercial Boulevard
The site proposed for this Walgreens development was formerly the Greater Miami
Federal Bank sits at the Northwest Comer of N.W. 640 Avenue and West Commerciai
Boulevard. The existing site contains an existing 1-1/2" water service and an existing 2"
water service for which contribution fees have been paid. The proposed site will also
. contain a 1-1l2" water service and a 2" water service. Therefore no additional contribution
fees are due.
Fab-22-99 04:53P LEFMARK Palm -Aire 954 969 4901 P.07
"Exhibit B"
, DESCRIPTION -
-
Utility Easement
A portion of Portal A. G.W.F. Subdivision. according to the plot thereof as recorded in Plat
Book a5, at Page 30 of the Publie RoCorda of graward County. Florida. being more
Particularly desvuTibed as follows:
BEGINNING at the Northwest corner of said Parcel A, thence, South 89' 01' 23'
East, along the northerly line of said Parcel A and the southerly right-of-way line
of Northwest 57th Street, a distance of 13.00 feet;
thence. South 00' 00' 16- East, a distance of 215.40 feet;
thence. North 89' 59' 44" East, a d13tanco of $2.15 feet;
thence. North 00' 00' 16. West, o distance of 6.00 feet;
thence. North 89' 59' 4e East, a distance of 21.18 feet;
thence. South 00' 00' 16- East, a distance of 21.00 feet;
thence. South 89' 59' "a West, a distanee of 83.33 feet:
thence, Sauth 00' 00' 16- East, a distance of 62.60 feet to a point on the southerly
line of sold Parcel A and the northerly right-of-way line of Commercial 8oulsvard
Mote Route 870);
thence, North 89' 01' 23" Wgmt, clang said line. a d;stonce of 15.00 feet;
thencs, North 00' 00' 16' West along the westerly line of said Parcel A, a
distance of 293.00 feet to the PAINT OF pEQNNINC.
DESCRIPTION — Access Easement
A portion of Parcel A. C.I.F. Subdivision, according to the Plot thereof as recorded In Plat
Book 85- at Page 50 of the Public Records of Broword County. Florida, being more
Particularly described as follows:
Commencing at the Northwest corner of said Parcel A; thence, South 89' 01' 23-
CODt, along the northerly line of said Parcel A and the southerly right-of-way ling
of Northwest 57th Street, a distance of 53.04 foot to the POINT Or BEONNINC:
thence, continuing South 82' 01' 23' East, along said line, a distance of 15.00
feet;
thence, South 00. 58' 37- West, a distance of 8.65 feet;
thence. North 89' 01' 23" West, a distance of 15.00 feet;
thence. North 00' 58. 37' Eaet, o distance of 8.65 feet to the POINT OF
BECINNINC.
10
SHEET 1 OF 2
SEE SHEET 9 FOR CRAPNIC OEPICTION
Sc"* MOT To $CALL ....
date SHCREMETA ASSOCIATES. INC
3/2�/ss /1 sf
JD. EXHIBIT CMISAMINc arMEM
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Fab-22-99 04:53P LEFMARK Palm-Aira 954 969 4901 P.08
NORTHWSET CORNER
PARCEL A. G.M.F. SU@DIVISION
P.O.B. UTILITY EASEMENT
P.O.C. ACCESS EASEMENT N.W. SITH STREET
P.O.B. aCC�55 EASEMENT n - 99'01'07`
15A�� �.E 1 R R 25.00'
T 24.58'
33,04 4" 589'O1'23'E L - 38.84'
272.43
8.65 .65
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ACCESS EASEMENT
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PARCEL A. G.M.E. SUBDIVISION N
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Feb-22-99 04:52P LEFMAFZK Palm -Aire 954 969 4901 P.05
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03/10/99 14:58 IM05 858 8990
THE LEFMAW GROLP Fax:7138507090
LEFXARK FLORIDA
Mar 10 199 13:38
0 002/002
P. 02
• LEF/Tamarac,'Ince
March 10, 1999
Corporale
Ogle Greerr-ay Pto20, Suite 8So
Houston, texas 77046.0102
(713) 850.1850 / fax: 1713t 850.7090
lNIOMI CR1CQ
2601 S. Bcyshore Deve, Suite 300-A
Warm Floridc 33133
(305) 858-8= / fay (305) 858-am
Mr. Kurt SchoenfeIder 'via fax 954.724-2406 and U.S. Mail
City of Tamarac
6001 Nob Hill Road
Tamarac, Florida 33321
Re: 'Utility Easement Encroachment and Hold Harmless Agreement Between The
City of Tamarac and LEF/Tamarac, Ltd. Dated 2-24-99
Dear Mr. Schoenfelder:
--LEF/Tamarac, Ltd, is the owner ofproperty located at 6401 Commercial Boulevard,
Tamarac, Florida, LEF/Tamarac, Inc. is its general partner.
David A. Friedman is authorized and empowered to sign on behalf of LEF/Tamarac, Inc.
all agreements to conduct the business of LEF/Tamarac* Ltd., including but not limited to
the Utility Easement Encroachment and Hold Harmless Agreement Between The City of
Tamarac and LEF/Tmnarac, Ltd. dated 2-24-99.
Sincerely,
LEF/Tgunarac, Ina, General Partner of
LEF/Tamarac, Ltd.
Leonard E. Frie
President