HomeMy WebLinkAboutCity of Tamarac Resolution R-99-329Temp. Reso. #8828 November 8, 1999 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-99- 3,0
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA, AUTHORIZING THE
APPROPRIATE OFFICIALS TO ACCEPT AND EXECUTE A
UTILITY EASEMENT ENCROACHMENT AND HOLD
HARMLESS AGREEMENT WITH INTOWN SUITES
COMMERCIAL BOULEVARD, INC. FOR THE CURBING
CONSTRUCTED IN A UTILITY EASEMENT FOR THE
INTOWN SUITES PROJECT LOCATED ON THE
NORTHEAST CORNER OF COMMERCIAL BOULEVARD
AND NW 82nd AVENUE; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, Intown Suites Commercial Boulevard, Inc., owner of the Intown
Suites Project (attached hereto in map form as "Exhibit 1 °) located on the northeast
corner of Commercial Boulevard and NW 82nd Avenue constructed curbing in a utility
easement; and
WHEREAS, the owner, Intown Suites Commercial Boulevard, Inc. 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 curbing 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 Intown
Suites Project; and
Temp. Reso. #8828 November 8, 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 Intown
Suites Commercial Boulevard, Inc., for the curbing constructed in a utility easement for
the Intown Suites 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 Intown Suites Commercial Boulevard, Inc. for the curbing constructed in a utility
easement for the Intown Suites Project (attached hereto as "Exhibit 2") located on the
northeast corner of Commercial Boulevard and NW 82"a Avenue.
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.
Temp. Reso. #8828 November 8, 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.
i'-1
PASSED, ADOPTED AND APPROVED this day of _Sq�A�
1999.
JOE SCHREIBER
MAYOR
ATTEST:
CAROL GOCMC/AAE
CITY CT
ERK
I HEREBY CERTIFY that I have
approved this RESOLUTION gae
U MITCHELt S. AFT
CITY ATTO EY
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RECORD OF COMMISSION
MAYOR SCHREIBER
DIST 1: Comm. PORTNER 1
DIST 2: V/M MISHKIN /
DIST 3: COMM`SULTANOF
DIST 4: COMM. ROBERTS 1
EXHIBIT I
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INT❑WN_SUI.DWG
INTOWN SUITES
UTILITY EASEMENT ENCROACHMENT AND HOLD HARMLESS AGREEMENT
"Exhibit 2"
UTILITY EASEMENT ENCROACHMENT
• AND
HOLD HARMLESS AGREEMENT BETWEEN
THE CITY OF TAMARAC
AND
INTOWN SIIITES, INC.
THIS AGREEMENT made this VIA
day of 1990 by and
between the CITY OF TAMARAC, a municipal corporation with principal offices located
at 7525 NW 88t' Avenue, Tamarac, Florida 33321 (hereinafter called CITY) and INTOWN
MP MERCIAL BOULEVARD, INC. a GEORGIA corporation with principal offices located at
[SEE EXHIBIT "D" .1, (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/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
SUITES
WHEREAS, said existing landscaping and/or structures are described on the site
plan for INTOWN SUITES prepared by SEE EXHIBIT I'D" and dated JULY
7, 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. DEVELOPER/OWNER 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. 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 sums
, INc., its successors and assigns."
em
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 DEVELOPER/OWNER,
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.
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 INTOWN
SUITES, INCthrough its VICE PRESIDENT OF REAL ESTATE, MICHAEL SMITH dilly
authorized to execute same.
CITY OF TAMARAC
Jo Schreiber, Mayor
Date:
ATTE
Carol Gold, C C AAE Pffery L. ler, ity Manager
City Cle; I: /
to form phd legal
• Mitchell
ATT, ST:
Corporate Secretary
(Corporate Seal)
Type/Print Name
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INTOWN SUTTRS
DEVELOPERIOWNER z COMMERCTAL BOULEVARD, TN
M
VICE PRESIDENT
MICHAEL SMITH, VP, REAL ESTATE
Type/Print Name
Date: 'k' r 9
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I� EXHIBIT "C"
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ASSOCIATED ENGINEERS do SURVEYORS
OF SOUTH FLORIDA, CORPORATION
CEINSLLTING ENMIAIMS -- LAND SLRVEYORS
7300 GRIFFIN RIX, SURE Igo DAVIE FL 33314
PHONE 1930 79J-010 FAM C954) 791-1338 SHEET 1 OF 1
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EXHIBIT "A"
- SKETCH AND DEBCRIPTK)N -
NOTE: THIS IS NOT A SURVEY BUT ONLY A GRAPHIC REPRESENTATION OF THE DESCRIPTION SHOWN HERON.
Description of BoRmdary of Inform Suites (Tamamc):
Lots 7,8,9 and the West 66.00 feet of lot 6, block 6 of the subdivision of "Lyons Commercial
Subdivision", according to the Plat thereof as recorded in Plat Book 69, at Page 42 of the Public
Records of Broward County, Florida.
Said lands situate, lying and being in the City of Tamarac, Broward County, Florida, and
containing approximately 130,680 Square Feet or 3.00 Acres.
NW 57TH STREET
446.00' N. LINE, BLOCK 6
Ewa
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VNTDWN SUITES SATE
1 1
L YDNSt COMMERCIAL SUBbIVISION I
�.B. 69, PAGE 42 I
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j I THE W. 66'
LOT 9 ( LOT B 1 LOT 7 OF LOT 6
BLOCK 6 1 BLOCK 6 I BLOCK 6 I BLOCK 6
I
WEST COMMERCIAL BLVD.
ASSOCIATED ENGINEERS & SURVEYORS
OF SOUTH FLORIDA CORP. '1.8./0006827
OE.B.00007846
BYE4i
FRA C= A AQRR K, mL ras
Ri.09TOW0 [TIWIM a 354W
Krim �o LANISLIVA" a sea
Fl ITIM ff mml►
LINE, BLOCK 6
I HEREBY CERTIFY:
THAT THE ATTACHED SKETCH AND
DESCRIPTION CONFORMS TO CHAPTER
21HH-6.06 (1) (FLORIDA
ADMINISTRATIVE CODE), MINIMUM
iECHNiCAL STANDARDS FOR LANO
SURVEYING IN THE STATE OF
FLORIDA. AND IS TRUE AND CORRECT
TO THE BEST OF MY KNOWLEDGE AND
BELIEF
UPDATESAEVISIONS
BYI NOTE, The undersigned and ASSOCIATED ENGINEERS L SURVEYORS OF SOUTH FLORIDA
CORPORATION make no representations or guarantees as to the completeness
of the Infornatloo reflected hereon pertaining to easement, right -of -say set
back lines, reservations, agreements or other matter of record. This
Instrument Is Intended to reflect or set forth only the Information shown In
the reference above.
ASSOCIATED ENGINEERS L SURVEYORS OF SOUTH FLORIDA CORP. Did not research
%pubile record natters affecting the land shown
I�TD This Instrument Is the property of ASSOCIATED ENGINEERS LppnSURVEY13RS 13F
SOUTH FLORIDA, CORP. And shall not be repsS ANuD ad In whole or SU VEYORS OF In paFrtwithout
written permission of ASSOCIATED ENGI
CORPORATIERL
WALE DRAWN sin CHECKED Bri F.BPG. PRR.�CT Noo
NTS 7TFA FAA 99-973
ASSOCIATED ENGINEERS 8 SURVEYORS
OF SOUTH FLORIDA. CORPORATION
CMVS1LnM ENGINEERS - LAMD SURVEYRRS
7390 GRIFFIN R81, SUITE 109 nOk%a , FL 33314
PHONE C954P 791-110 FA)h C9342 791-13=
SHEET 1 OF4
SEE ATTACHED EXHIBIT
ON SHEET 2 OF 4 FOR
LEGAL DESCRIPTION.
EXHIBIT "B"
- SKETCH AND DESCRIPTION --
NOTE THIS IS NOT A SURVEY BUT ONLY A GRAPHIC REPRESENTATION OF THE DESCRIPTION SHOWN HERON.
Lenend,
C.L. = Centerline
P.O.B. = Point Of Beginning
P.O.C. = Point Of Commencement
P.O.T. = Paint Of Termination
P.O.B.
55.40' C.L. #1
P.O.C. K" . n ._
a
POINT
Pow `V,
P.0.8.
AREA I'
CL
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P1
REA 1'
I47NOrCOVIPW
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NW 57TH STREET
446.00' P.O.T.
re Wr C.L. #
WMR-LINE
P.O.T.
C.L. /4 _
GE/11ER-LME /4�
a34' N43'*0oo'E�
446.00'
WEST COMMERCIAL BLVD.
ASSOCIATED ENGINEERS B SURVEYORS
OF SOUTH FLORIDA CORP. eL.B.l0006821
eE.B.I0007U6
n
11
BYI \
NANCEmI A. AgapAE. P,L PLS.
tE TElEO UGDmI a 25 a7
AYWSTMO LANOpgVEV110 • 3=4
STATE W R[t &
Hr
POINT eD"
cC j
P.O.B.
C.L /3
P.O.T
C.L. 12
P.O.T.
C.L. /3
1 HEREBY CERTIFY.
THAT THE ATTACHED SKETCH AND
DESCRIPTION CONFORMS TO CHAPTER
21NN-6.06 (1) (FLORIDA ADMINISTRATIVE
COMI MINIM" TECHNICAL STANDARDS
FOR LAND SURVEYING IN THE STATE OF
FLORID& AND IS TRUE AND CORRECT TO
THE BEST OF Ml KNOWLEDGE AND
BELIEF
IPDATES/REVISIONS
NOTEi The undersigned and ASSOCIATED ENGINEERS L SURVEYORS OF SOUTH FLORIDA
CORPORATION make no representations or guarantees as to the completeness
of the Information reflected hereon pertaining to easement, right-of-way set
back lines, reservations, agreements or other matter of record. This
Instrument Is Intended to reflect or set forth only the Information shown In
the reference above.
ASSOCIATE➢ ENGINEERS L SURVEYORS OF SOUTH FLORIDA CORP. Did not research
ppublic record matters affecting the land shorn.
NOTE, This Instrument Is the property of ASSOCIATED ENGINEERS L SURVEYORS OF
SOUTH FLORIDA. CORP. And shall not be reproduced In whole or In part wlthaut
written permission of ASSOCIATE➢ ENGINEERS AND SURVEYORS OF S➢UTH FL13RIDA
CORPORATION.
SCALE DRAWN HY# CHECKED HY. F.IIP.G: PROJECT Aio.r
NTS XFA FAA IIA- 11W
INTOWN SUITES, INC. ❑EDICATION SHEET 2 OF 4
TO CITY OF TAMARAC SEE SHEET 1 OF
FOR SKETCH OF
EXHIBIT "B" EASEMENT.
Description of a 15 Foot Exclusive Water and Sewer Utility Easement for City of Tamarac:
A Parcel of land located within lots 7, 8 9, and the West 66.00 feet of lot 6, block 6 of the
subdivision of "Lyons Commercial Subdivision", according to the Plat thereofas recorded in
Plat Book 69, at page 42 of the Public Records of Broward County, Florida. Said Parcel of land
being more specifically described as lollows:
A strip of land 7.50 feet wide located at each side of the following described centerlines:
Description of Centerline Number 1:
Commence at the Northwest corner (at intersection of tangent lines) of said lot 9, of block 6;
thence proceed S 89059'40" E, along the North line of said block 6, for a distance of 55.40 feet to
the Point of Beginning of the herein described Centerline number 1; thence proceed S 00' 00'00"
E. for a distance of 88.04 feet to Point "A"; thence continue along the last described course of S
000 00'00" E, for a distance of 158.32 feet; thence proceed S 45 " 00'00" E for a distance of 7.00
feet; thence proceed S 90° 00'00" E, for a distance of 334.63 feet; thence proceed N 45' 00'00"
E, for a distance of 3.66 feet to Point "B' ; thence continue along the last described course N 450
00'00" E, for a distance of 3.34 feet; thence proceed N 000 00'00" W, for a distance of 25.70 feet
to Point "C' ; thence continue along the last described course of N 000 00'00" W, for a distance
of 105.53 feet; thence proceed N 440 59'48" W, for a distance of 7.00 feet; thence proceed_N
900 00'00" W, for a distance of 69.39 feet; thence proceed N 44" 59'48" W, for a distance of
7.00 fect; thence proceed N 00" 00'20" E, for a distance of 105.20 feet to the Point of
Termination of the herein described Centerline Number I, said point being on the North line of
said block 6.
Description of Centerline Number 2:
Begin at the above -described Point "B"; thence proceed S 45' 00'00" E. for a distance of 22.73
feet; thence proceed N 900 00'00" E, for a distance of 24.46 feet to Point "D'; thence continue
along the last described course of N 90' 00'00"E, for a distance of 7.90 feet to the Point of
Termination of the herein -described Centerline Number 2, said point being on the last boundary
line of said West 66.00 feet of lot 6, block 6.
Description of Centerline Number 3:
Begin at the above -described Point "D"; thence proceed S00" 00'00" E, for a distance of 28,20
feet to the Point of Termination of the herein -described Centerline Number 3, said point being on
the South boundary line of said block 6.
Description of Centerline Number 4:
Begin at the above -described Point "C"; thence proceed S 900 00'00" W, for a distance of 18.01
feet to the Point of Termination of the herein -described Centerline Number 4.
Together with:
Description of "Area I":
A parcel of land within lot 9, block 6, of the Subdivision of "l,yons Commercial Subdivision",
according to the plat thereof as recorded in Plat Book 69 at page 42, of the Public Records of
Broward County, Florida. Said parcel of land being more particularly described as:
Commence at the above -described Point "A"; thence proceed S 90° 00'00" E for a distance of
7.50 feet To Point "E", said point being the Point of Beginning of the herein described "Area I';
thence proceed N 000 00'00" W ,for a distance of 15.62 feet: thence proceed S 900 00'00" E, for
a distance of L7.06 feet; thence proceed S 000 00'00" E, for a distance of 31.24 feet; thence
proceed N 90° 00'00" W, (or a distance of 17.06 feet; thence proceed N 00" 00'00" W, for a
distance of 15.62 feet to Point "E".
Said lands situate, lying and being in the City of Tamarac, Broward County, Florida, and
. containing approximately 15,550 Square Feet or 0.36 Acres.
EXHIBIT "D"
DEVELOPER: INTOWN SUITES COMMERCIAL BOULEVARD, INC.
/OWNER
ADDRESS OF PRINCIPAL OFFICE: 2102 PIEDMONT ROAD
ATLANTA, GEORGIA 30324
ENGINEER OF RECORD (DESIGNED SUBJECT SITE PLAN):
ASSOCIATED ENGINEERS AND SURVEYORS
OF SOUTH FLORIDA, CORP.
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11/05/1999 12:03 404-875-7427 INTOWN SUITES PAGE 01
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S U 1 T' E So
2102 Pledmont Road• Atlanta, Georgia 30324 0 40,4.875.7910 FaX 404.875.9544
November 5, 1999
VIA FA,CS M E
(954) 724.2406
City of Tamarac
Utilities Department
Attention: Kurt
The purpose of this letter is to notify you that Michael Smith is authorized to sign all
building contracts, developer's agreements and easements in the name of Imown Suites.
Should you require additional information or have any questions, do not hesitate to
contact me at (404) 875-7910, extension 109.
ST7,
David Vickers
President
c: Micbacl