HomeMy WebLinkAboutCity of Tamarac Resolution R-99-259Temp. Reso. #8744, August 31, 1999 1
CITY OF TAMARAC
RESOLUTION NO. R-99- A 5-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA, AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO ACCEPT AND
EXECUTE A UTILITY EASEMENT ENCROACHMENT AND
HOLD HARMLESS AGREEMENT WITH ARCHSTONE
COMMUNITIES TRUST FOR A SIGN ERECTED IN A
UTILITY EASEMENT IN THE CAMERON GARDENS
PROJECT, LOCATED ON THE SOUTHEAST CORNER OF
NOB HILL ROAD AND NW 81st STREET; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Archstone Communities Trust, owner of the Cameron Gardens
Project (attached hereto in map form as "Exhibit 1 ") located on the southeast corner of
Nob Hill Road and NW 81" Street constructed a sign in a utility easement; and
WHEREAS, the owner, Archstone Communities Trust, 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 Cameron
Gardens Project; and
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Temp. Reso. #8744, August 31, 1999
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
Archstone Communities Trust for the sign erected in a utility easement in the Cameron
Gardens 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 Archstone Communities Trust for the sign erected in a utility easement in the
Cameron Gardens Project (attached hereto as "Exhibit 2") located on the southeast
corner of Nob Hill Road and NW 815t Street.
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.
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Temp. Reso. #8744, August 31, 1999 3
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.
SECTION 6: This Resolution shall become effective immediately upon its
passage and adoption.
PASSED, ADOPTED AND APPROVED this ��day of
- ll
ATTEST:
CAROL GOLD, CMC/AAE
CITY CLERK
I HER Y CERTIFY that I have
apprAel t s REf OLUTION as
to f rm. n /
MITCHELL S
CITY ATTG
MW/krs/mg
(7 JOE SCHREIBER
MAYOR
RECORD OF COMMISSION
MAYOR SCHREIBER
DIST 1:
COMM. PORTNE
DIST 2:
V/M MISHKIN
DIST 3:
COMM. SULTANoF
DIST 4:
COMM. RoaFmm i
EXHIBIT 1
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TEMP. RESO. #8744
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CAM-GARD.DWG
CAMERON GARDENS
UTILITY EASEMENT ENCROACHMENT AND HOLD HARMLESS AGREEMENT
LAND SEC, ROCKFORD
6 TR28
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SEDGEFIELD G/p
TAMARAC ffIQDD
SPORTS COMPLEX
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EVANGELICAL
COVENANT
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CAM-GARD.DWG
CAMERON GARDENS
UTILITY EASEMENT ENCROACHMENT AND HOLD HARMLESS AGREEMENT
CAM-GARD.DWG
CAMERON GARDENS
UTILITY EASEMENT ENCROACHMENT AND HOLD HARMLESS AGREEMENT
"Exhibit 2"
UTILITY EASEMENT ENCROACHMENT
AND
HOLD HARMLESS AGREEMENT BETWEEN
THE CITY OF TAMARAC
AND
ARCHSTONE COMMUNITIES TRUST
THIS AGREEMENT made this day of 191 � by and
between the CITY OF TAMARAC, a municipal corporation with principal offices located
at 7525 NW 88`h Avenue, Tamarac, Florida 33321 (hereinafter called CITY) and
ARCHSTONE COMMUNITEIS TRUST, a Maryland real estate investment trust, with
principal offices located at Six Piedmont Center, Suite 600, Atlanta, GA 30305,
(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 wall monument sign (the "Encroachment") 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 24790 page 350 of the
Broward County public records; and
WHEREAS, said existing landscaping and the Encroachment are described on
the site plan for CAMERON GARDENS prepared by KEITH & BALLBE, INC. and dated
June 14, 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
(including the Encroachment); 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. CITY hereby consents to the Encroachment. Notwithstanding such consent,
DEVELOPER/OWNER agrees to immediately remove at its own expense the Encroachment once
notified by the CITY that such consent has been rescinded. DEVELOPER/OWNER shall
immediately remove at its own expense any other encroachments into 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).
S. 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 additional 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 ground cover, 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 Archstone Communities
Trust, a Maryland real estate investment trust, its successors and assigns."
9. DEVELOPER/OWNER shall not place encroachments with 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.
544095.2 81399 1107C
0 12. Venue for any actions resulting from this Agreement shall be Broward County,
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Florida. This Agreement shall be governed by the laws of the State of Florida as are now and
hereinafter in force.
IN WITNESS WHEREOF, the parties have made an executed this Utility Easement
Encroachments and Hold Harmless Agreement on the respective dates under each signature. CITY
OF TAMARAC, through its Mayor, and ARCHSTONE COMMUNITIES TRUST, a Maryland real
estate investment trust, through its Senior Vice President Neil T. Brown, duly authorized to execute
same.
ATTEST:
�" A26L it
Carol Gold MC/AAE
City Clerk
rov J as tolform and legae
Kraft, C;'ty/Attorney
ATTEST:
Candice T. Wainwright,
Assistant Secretary (Corporate Seal)
544095.2 81399 1 107C
CITY OF TAMARAC
JoeeSchreiber, Mayor
Date:
Jeffrey Lr Killr, City Manager
/ 'Neil T. Bro kn,
Senior Vice President
Date:
11[:k8L`yl
EXHIBIT A
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TAMARAC TRACT 24
(CORAL COVE)
NOTES:
I. REPRODUCTIONS OF THIS SKETCH ARE NOT VALID UNLESS SEALED WITH AN
EMBOSSED SURVEYOR'S SEAL.
2. LANDS SHOWN HEREON WERE NOT ABSTRACTED BY THE SURVEYOR FOR
EASEMENTS, OWNERSHIP, OR RIGHTS -OF -WAY OF RECORD.
3. THE LAND DESCRIPTION SHOWN HEREON IS BASED UPON THE INSTRUMENT OF
RECORD.
4. BEARINGS SHOWN HEREON ARE BASED ON THE PLAT
5. FLOOD ZONE AH (ELEV. 11% COMMUNITY PANEL 120058 0205 F DATED
8/18/92 (PER FEMA MAP) ELEV. 12' PER BROWARD COUNTY MAP ENTITLED
"REVISED 100 YEAR FLOOD ELEVATION MAP 8/20/87)
6. ABBREVIATION LEGEND: P - PLAT; R - RADIUS; L - ARC LENGTH;
7. THIS IS NOT A SURVEY
DESCRIPTION:
PARCEL A. TAMARAC TRACT 24, ACCORDING TO THE PLAT THEREOF AS RECORDED
IN PLAT BOOK 150. PAGE 46 OF THE PUBLIC RECORDS OF BROWARD COUNTY,
FLORIDA.
SAID LANDS LYING IN THE CITY OF TAMARAC, BROWARD COUNTY, FLORIDA,
CONTAINING 867.830 SQUARE FEET, (19.92 ACRES). MORE OR LESS.
CERTIFICATE:
I HEREBY CERTIFY THAT THE SKETCH AND DESCRIPTION OF THE HEREON
DESCRIBED PROPERTY IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE ANC
BELIEF AS DELINEATED UNDER MY DIRECTION ON DECEMBER 23, 1997. 1
FURTHER CERTIFY THAT THIS SKETCH AND DESCRIPTION MEETS THE MINIMUM
TECHNICAL STANDARDS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL
SURVEYORS AND MAPPERS. t
/
KATHLEEN L. HALL, P.L.S.
FLORIDA REGISTRATION NO. 4103
KATHL-MN L, FA I- LAW 51. M/F-Y1NG, INC,
L-MV 5U VYING/ CAr,,7 5EKMCIr5
23257 S.R. 7, SUITE 207
BOCA RATON, FL. 33428
(r,r,i NAQ7-7A A-7
SCALER - 200'
DATE: 12/23/97
SHEET 1 OF 2
InD Ain .inl4
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EXHIBIT A. PAGE 2
TAMARAC TRACT 24
(CORAL COVE)
41.27'
oip
e 04'21'50"��c
L - 95.4300, s
S15'54'(
A - 90M0.00"
R - 100.00' 1 Q
L 157.08' N /
1 PARCEL A
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M
1 r� �JS
/ h
x y
A 6759'50" \ /
R - 300.00'
L - 356.03' ----
A — 05'00'42"
24489. R 1130.00'
N79-5331-K, L = 98.84'
KATH[Xr:EN L. HAU LANs 5LIRVEM6, INC,
LANs Si.MM6/ C1CV 51:WCE5
23257 S.R. 7, SUITE 207
BOCA RATON, FL. 33428
(561 )4,97—?447
SCALE: I" — 200'
DATE: 12/23/97
SHEET 2 OF 2
JOB N0.:3041
EXHIBIT B
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Sep-02-99 07:14A Keith & Ballbe', Inc. 9544899802
P.02
.7
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September 111999
Mr. Joe Keith
Keith & BaMe'
1700 N. W. 64e Strout, Suite 300
Ft. Lauderdale, FL 33309
Re: Signature Authorization for Neil 7. Brown
Dear Joe:
Cvmmw3�j,j.
Six Me*WM CMMW, Six& Floor
Aebmca, Georgia 30303
Tdephoft J404) 237 9292
www.a
The following is formal notification that Neil T. Brown, Senior Vice President, Archstone
Communitics, does have authorization to sign on Archstone Communities behalf,
F
,�Ay Freeman
Managing Director
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arcttca tar Yvd 42.21 Q3W 68i10/80