HomeMy WebLinkAboutCity of Tamarac Resolution R-99-195Temp. Reso. #8681, June 25, 1999 1
CITY OF TAMARAC
RESOLUTION NO. R-99-_Iq
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA, TO AUTHORIZE THE
APPROPRIATE OFFICIALS TO ACCEPT AND EXECUTE A
UTILITY EASEMENT ENCROACHMENT AND HOLD
HARMLESS AGREEMENT WITH MOBIL OIL CORPORATION
FOR A SIGN ERECTED IN A UTILITY EASEMENT IN THE
MOBIL 02-NPG PROJECT, LOCATED ON THE NORTHEAST
CORNER OF NOB HILL ROAD AND COMMERCIAL
BOULEVARD; PROVIDING FOR CONFLICTS; PROVIDING
FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, Mobil Oil Corporation, owner of the Mobil 02-NPG Project (attached
hereto in map form as "Exhibit 1 ") located on the northeast corner of Nob Hill Road and
Commercial Boulevard constructed a sign in a utility easement; and
WHEREAS, the owner, Mobil Oil Corporation, 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 sign 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 Mobil 02-
NPG Project; and
I
Temp. Reso. #8681, June 25, 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 Mobil Oil
Corporation, for the sign erected in a utility easement in the Mobil 02-NPG 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 Mobil Oil Corporation, for the sign erected in a utility easement in the Mobil 02-
NPG Project (attached hereto as "Exhibit 2") located on the northeast corner of Nob Hill
Road and Commercial Boulevard.
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
applications of this Resolution.
1
1
1
SECTION 6:
passage and adoption.
Temp. Reso. #8681, June 25, 1999 3
This Resolution shall become effective immediately upon its
PASSED, ADOPTED AND APPROVED this day of Kio�
1999.
ATTEST:
CAROL LD, CMC/AAE
Cl CLERK
I HEREBY CERTIFY that I have
approve is RESOLUTION as
to forrd I /
M W/krs/mg
ITCHELL S. KF
CITY ATTORN
JOE SCHREIBER
MAYOR
RECORD OF COMMI
MAYOR SCHREIBER
DIST 1:
comm. POR
DIST 2:
V/M MISHKIP
DIST 3:
COMM. Sw
DIST 4»
Comm. Roa
EXHIBIT 1
•
•
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TEMP. RESQ. # 8681
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M❑BIL _02_NPG.DWG
MOBIL 02-NPG
UTILITY EASEMENT AND HOLD HARMLESS AGREEMENT
"Exhibit 2"
• UTILITY EASEMENT ENCROACHMENT
AND
HOLD HARMLESS AGREEMENT BETWEEN
THE CITY OF TAMARAC
AND
_ Mobil Oil Corporation
THIS AGREEMENT made this day of 19 by and
between the CITY OF TAMARAC, a municipal corporatio with principal offices located
at 7525 NW 88th Avenue, Tamarac, Florida 33321 (hereinafter called CITY) and Mobil
Oil Corporation , a Florida corporation with principal offices located at 2255 Glades
Road, Suite 444W, Boca Raton, FI. 33431, (hereinafter called the
DEVELOPER/OWNER), for the purpose of holding the CITY harmless for the removal or
destruction of structures located on DEVELOPE R/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 - page - of the Broward County
public records; and
WHEREAS, said existing landscaping and/or structures are described on the site
plan for Mobil --- 02NPG prepared by Lingerteldt/Morris and dated June 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.
0
• 2. DEVEL OPERIOWNER 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.
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- ELDPER/01ME1 shaLlace a 1' by 1' sign or plaque on th�site off
th k6nnDdsg2'ing or st re, )Wch sh;! lI state t ollowing� "This structure may
e ord ed remo by ity of Tamarac hout notice and,at no co o the
Ci Jo
it move
ecom"ecess to rep "any utility line.We cost
removal s 1 be a by E� •lfs sur�ces'sors afrci assi
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 DEVELOPERIOWNER,
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.
C]
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 kuo&L-
C )IL cog-F.. through its-RFesiiel tAtt . P .. duly
authorized to execute same.
CITY OF TA ARAC
,JYk Schreiber, Mayor
AT74 T;
L-1 �'/
Carol Gold, CIAAE
City Clerk
as to f*m and qal
•
Mitchell -8. Kraft, Citk Att, rney
ATTEST:
(Corporate Seal) uLtai 4c-�
Type/Print Name
C]
Date: u - 3 o - ,? 2
e S. Noe, Jr., City Manager
DEVELOPERIOWNER
By
President
_ it � �- "
Type/Print Name
Date:.
•
11PP-0 2-19,99 1 7 : 2:1
MOC P/A No. ..9: a
MOBIL OIL EHG I HEED. I HG
407 '997 1:-550 P.01/02
KNOW ALL MEN BY THESE PRESENTS. That MOBIL OIL CORPORATION, a
corporation organized and existing under the laws of the State of New York (the
"Company"), does hereby make, constitute and appoint
P. J. BEARSE, J. B. BONNEMA, P. M. CAPONIGRO, T. A. CASEY, M. J. D'AMICO,
T. E. DAVIDSON, A. L. GLAESER, A. J. GIAQUINTO, W. J. HELFRICH, D. W. HEALD,
D. J. HILL, T. A. HIRSCH, F. J. LINDHJEM, G. L. MARTINIE, S. P. MESTHOS,
I. MORGANO, V. H. RANKIN, W, VALENCIA, and each of them, its true and lawful
attorneys for it and in its name, place and stead, to do or perform any or all of the following:
1. To make, execute, and deliver contracts for the sale of personal property, having
a value of not more than $15,000, other than merchandise held for sale in the
ordinary course of business, on behalf of the Company;
2. To make, execute and deliver contracts for the construction, repair and
maintenance of properties of the Company at a. cost not exceeding $1,000,000;
3. To execute and file any and all instruments, documents, forms, reports and
applications necessary or properforfiling before administrative or executive officers,
boards, and agencies, whether federal, state, or municipal; and to procure any
authorization, permit or license from any such officer, board or agency, whether
federal, state or municipal; and
4. To execute on behalf of the Company indemnification agreements for third party
costs, expenses and damages arising out of environmental conditions caused by
the Company's operation of its facilities or arising out of entry onto said parties' real
property to Mrnediate any such environmental condition.
Each and every power, discretionary or otherwise, herein granted to the aforesaid
attorneys shall be deemed as granted to them in severalty, as of the one exercising any -
power hereunder has alone been appointed and named as attorney herein. This power is .
given in accordance with authority duly granted~ by the Board of Directors of the Company.
HEREBY REVOKING the following Powers of Attorney heretofore granted:
MOC PIA No. 2508 granted to H. ALLGAYER, T. A. CASEY, R. J. CICCOTELLI,
M. J. DAMICO, T. E. DAVIDSON, A. L. GLAESER, A. J. GIAQUINTO, W. J. HELFRICH,
D. W. HEALD, D. J. HILL, T. A. HIRSCH, F. J. LINDHJEM, J. J. LOYKA, G. L. MARTINIE,
S. P. MESTHOS, I. MORGANO, V. H. RANKIN, D. H. STEPHENS, W. VALENCIA,
R. J. WOLFF, under date of January 21, 1998.
f 1HR-��?-1'399 1 7 : 4 MOP" 0 I L ENG I hIEER I NG 407 '397 1350 P . 02/02 - - - - -
• IN WITNESS WHEREOF, said MOBIL OIL CORPORATION has caused these presents
to be signed by an Executive Vice President, and its corporate seal to be hereunto affixed
and attested by an Assistant Secretary the iG "-'—day of June, 1998.
MOBIL OIL CORPORATION
By:
/' ��.
- - �-�
M. P. Ramage, Executive Vice President
ATTEST:
(;• a.
Sr. Assistant Secretary -
COMMONWEALTH OF VIRGINIA )
SS.:
COUNTY OF FAIRFAX )
• On the G X a d
y of June, 1998, before me personally came M. P. RAMAGE, to me
known, who being by me duly swom did depose and say that he resides at 3225 Gallows
Road, Fairfax, VA 22037, that he is an EXECUTIVE VICE PRESIDENT of MOBIL OIL
CORPORATION, the corporation described in and which executed the foregoing
instrument; that he knows the seal of said corporation; that the seal affixed to said
instrument is such corporate seal; that it was so affixed by order of the Board of Directors
of said corporation, and that he signed his name thereto by like order.
ENGPOA.3
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0Notary Public' 0
My Commission Expires:
land= Rogm, Not" Public
Cowwweatth of WOW
Mt Commi3s cn exaim January 31, 1999
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