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HomeMy WebLinkAboutCity of Tamarac Resolution R-99-1871 Temp. Reso. # 8695 Page 1 July 7, 1999 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-99 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE CONSTRUCTION AND EXPANSION OF PARKING SPACES WITHIN THE PUBLIC RIGHTS -OF -WAY ON NW 72ND STREET AND NW 72ND MANOR TO MEET THE HANDICAPPED SPACE REQUIREMENTS PER AMERICANS WITH DISABILITIES ACT SUBJECT TO THE NEGOTIATION AND EXECUTION OF A HOLD HARMLESS AGREEMENT WITH WESTWOOD COMMUNITY #3 HOMEOWNERS ASSOCIATION, INC. FOR THE USE OF PUBLIC RIGHTS - OF -WAY ON N.W. 72ND STREET AND N.W. 72ND MANOR PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Westwood Community #3 Homeowners Association, managing authority of the Westwood Three Clubhouse, desires to construct and expand parking spaces within the public rights -of -way of N.W. 72"1 Street and N.W. 72ND Manor; and WHEREAS, the construction and expansion of parking spaces is required to meet the handicapped space requirements per American with Disabilities Act (ADA); and WHEREAS, the Westwood Community #3 Homeowners Association, Inc. requests the use of public rights -of -way on N.W. 72"d Street and N.W. 72nd Manor to meet the ADA requirements; and Temp. Reso. # 8695 Page 2 July 7, 1999 WHEREAS, the Westwood Community #3 Homeowners Association, Inc. has offered to enter into a Hold Harmless Agreement with the City of Tamarac for the use of public rights -of -way on N.W. 72nd Street and N.W. 72nd Manor; and WHEREAS, the Westwood Community #3 Homeowners Association, Inc., upon execution of a Hold Harmless Agreement, shall hold the City harmless from any use or obligation or expenses incurred by the City's use of the said rights -of -way resulting in the destruction and/or removal of said existing and/or future parking spaces and/or structures; and WHEREAS, cost of said construction and expansion of parking spaces will be less than $10,000; and WHEREAS, said expenses will be incurred by the Westwood Community #3 Homeowners Association, Inc. and at no cost to the City; and WHEREAS, the Director of Public Works and Director of Community Development recommend the use of said public rights -of -way by the Westwood Community #3 Homeowners Association, Inc. subject to execution of a Hold Harmless Agreement by the Westwood Community #3 Homeowners Association, Inc.; and WHEREAS, the City Commission of the City of Tamarac, Florida, deems it to be in the best interest of the citizens of Tamarac to authorize the use of public rights -of -way on N.W. 72nd Street and N.W. 72n1 Manor by the Westwood Community #3 Homeowners Association, Inc. subject to execution of a Hold Harmless Agreement by the Westwood Community #3 Homeowners Association, Inc. Temp. Reso. # 8695 Page 3 July 7, 1999 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA THAT: 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: The construction and expansion of parking spaces to meet the handicapped space requirements per Americans with Disabilities Act within the rights -of - way of N.W. 72"d Street and N.W. 72"d Manor is HEREBY approved subject to execution of a Hold Harmless Agreement by the Westwood Community #3 Homeowners Association, Inc. SECTION 3: The appropriate City officials are HEREBY authorized to negotiate and execute a Hold Harmless Agreement with the Westwood Community #3 Homeowners Association, Inc. for the use of public rights -of -way on N.W. 72"d Street and N.W. 72"d Manor, SECTION 4: The City Clerk is HEREBY authorized and directed to record said agreement in the public records of Broward County. SECTION 5: All resolutions or parts of resolutions in conflict herewith are HEREBY repealed to the extent of such conflict. rl 1 1 Temp. Reso. # 8695 Page 4 July 7, 1999 SECTION 6: 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 of application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 7: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this An- day of , 1999. ATTEST: CAROL GOO, CMC/AAE CITY CLERK I HERBY CERTIFY that I have this RESOLUMON as CHELL CITY ATTORNEY �• "ir r r11 1,���