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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 commdev\u:\pats\userdata\wpdata\res\6579reso Cl RECORD of CoMMISSION MAYOR SCHREIBER DIST 1: COMM. PQRTN�..�.� DIST 2: V/M MtSHKI� DIST 3: �. DIST 4: COWl- Fj 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 MWlkrsft • EXHIBIT I r11 • • TEMP. RESO. # 8556 62 ST 4' r 61 ST 3 g n - 60 CT � \V ' \ IT J // 59 ST u 59 ST Cp S a 7 Sp ] % ] r 58 ST ¢ Co 3 w r a CD a 57 DR np j '- � `� \D ¢ 3 W o MA NLA DS SEC 8 �D ' w 57 CT LAND SEC. 10 57 ST J Qw MARKETPLACE � o a? a Q'aN w z w¢ H ¢ ¢ Q LlN Q'N uw Q'A TAM❑ARAC 7C3 �_- F:w ooa Z Q- wL)M ad. COMMERCIAL BLVD (CO RD, 870) SITE--/ LOCATION 1 7 Q Co 3 (62 ST) BAILEY RD \\ z LAND BERM DA X z a CON D S\ ¢ 57 CT a FAITH BERMUDA cu UNITED a CLUB CHURCH THE N N a ca ,;, 57 ST a F❑UNTAINS Y Li= W Q J m L. W \PARTMENTS 0.6 a < In THE FOUNTAINS CORP. CEN. 3 y WHITE OAK C rr Lic- 56 ST ca Y - r Q r 3 x o g z w Q a a o J w a WHI T� QP� V V• WATER Y a ❑AK C W v r- W W W w Q ✓ y W ELM WALGRE64,DWG 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. �J 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 0 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 95�aysa2 r,...ft" - 0 C, 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 0'58'371E N .50 .003'V S00'58'371v ACCESS EASEMENT I �J 15' UTILITY EASEMENT 6.00 NOD'00'16' V N89.59'440E 440V PARCEL A. G.M.E. SUBDIVISION N (PLAT BOOK 85. PACE 50) ' —\ N ■ r•� I 21.10 N89'S9'44'E N �b r 4 Q 1 P.O.C. DENOTES POINT OF COMMENCEMENT P.O.B. DENOTES POINT OF BEGINNING m a rTl 15.00 _ N89,o I'"'W M919.01'23' V 271.s R 25.00' COMMERCIAL BOULEVARD T 25 43' •SHEET 2 OF 2 L + 39.70' SEE SHEET I FOR DESCRIPTIONS sc*to 1' - 30' d&Aq 3/24/f6 �� �� 8"--4 gMCRCCONSULTWC E GWRS 'IMG J� .a+3s.sao: EXHIBIT a-WWWV 0.N•.i " ...."W" Feb-22-99 04:52P LEFMAFZK Palm -Aire 954 969 4901 P.05 .................... "Exhibit C" ,11! N 00,00*16" w ... . ......... .................. . ..................... ... ----- .................... ................ T111-1 V. .......... T— Tf J 1, 061 rT\ . ....... .. . ......... 1-p L .................. ... ............ 15' Landscgp4 swIfer............ T .1 4 1 5 uu-uu Hj riv 36 N.W. r,&1TH AvEl,,j,JE ....................................................................................... L Z IL .,lf it r� 22 ...... .... k ......................................................... IN > if 1411 0 Ff IVA z 6401 Commercial Blvd. 3 Ilk Tamarac. Florida 11; 0 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