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HomeMy WebLinkAboutCity of Tamarac Resolution R-99-085Temp. Reso. #8556 March 1, 1999 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-99- � 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 LEF/TAMARAC, LTD. FOR THE LANDSCAPING AND/OR STRUCTURES ERECTED IN A UTILITY EASEMENT IN THE WALGREENS TAMARAC PROJECT LOCATED AT THE NORTHWEST CORNER OF COMMERCIAL BOULEVARD AND NW 641h AVENUE; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, LEF/Tamarac, Ltd., developer of the Walgreens Tamarac Project (attached hereto in map form as "Exhibit 1 ") located on the northwest corner of Commercial Boulevard and NW 64th Avenue constructed landscaping and/or structures in a utility easement; and WHEREAS, the Developer, LEF/Tamarac, Ltd. has offered a Utility Easement Encroachment and Hold Harmless Agreement to the City of Tamarac; and WHEREAS, the Developer shall hold the City harmless from any costs or obligation to restore the landscaping and/or structures 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 Walgreens Tamarac Project; and Temp. Reso. #8556 March 1, 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 LEF/Tamarac, Ltd., for the landscaping and/or structures erected in a utility easement in the Walgreens Tamarac 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 LEF/Tamarac, Ltd., for the landscaping and/or structures erected in a utility easement in the Walgreens Tamarac Project (attached hereto as "Exhibit 2") located on the northwest corner of Commercial Boulevard and NW 64`" 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. �1 1 r� Temp. Reso. #8556 March 1, 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 1999. ATTEST: CAROL GOO, CMC/AAE CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as MW/krs/tk JOE SCHREIBER MAYOR RECORD OF COMMISSION MAYOR SCHREIBER DIST 1: cowpogmth DIST 2: V MtSHttl DIST W MM o DW4: --_ COW WMEM�" Temp. Reso. # 8656 CITY OF TAMARAC INTEROFFICE MEMORANDUM UTILITIES DEPARTMENT TO: City Manager DATE: March 1, 1999 FROM: Utilities Director RE: Walgreens Tamarac — Utility Easement Encroachment and Hold Harmless Agreement Recommendation: 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. 1cc1It%. 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. MW/krs/tk C� Fab-22-99 04=51P LEFMARK Palm -Aiwa 954 969 4901 P.02 "Exhibit 2" UTILITY EASEMENT ENCROACHMENT AND HOLD HARMLESS AGREEMENT BETWEEN THE CITY OF TAMARAC AND THIS AGREEMENT made this 1.9 day of F e b r u a r y 199 9 by and between the CITY OF TAMARAC. a municipal corporation with principal offices located _ at 7625 NW ge Avenue, Tamarac, Florida 33321 (hereinafter called CITY) and Lrd a (put the state) corporation with principal offices located at (address of corporationj, (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 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, Braward County, Florida, more particular(y described In Exhibit A, attached hereto and incorporated herein by referencQ; 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 • uhrrty easement(s) described in E.x1j&U, attached hereto and Incorporated herein by reference, and recorded in Q.R. gook K? , page 5 0 of the Broward County public records; and WHEREAS, said existing landscaping and/or structures are described on the site plan for _Wa_1zx B e n s Tamara c prepay by -Levi and dated �/ 2 7/ 9 7 a copy of which is on file with the CITY and attached hereto and incorporated herein by reference as hi it C• and WHEREAS, 01 Y is grantee of the utility easement(s) described alcove and has an obligation to maintain and repair utility lines in order to serve the citizens of the City of Tamarac; and WHEREAS, DEVELOPERIOWNER agrees to hold the CITY harmless for any expenses incurred by the CITY's use of the utility easement(s) resulting in the destruction aMdfor removal of said existing andlorfuture 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. • Feb--22-99 04:52P LEFMARK PalM--Aire 954 969 4901 P.03 . 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, inability 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 DEVELOPERIOWNER and shall not ba responsible for the damage, destruction or replacement of irrigatinn lines within the utility easement(s). 5. CITY shall be . Xtitled 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. B. DEVELOPERiOWNER 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 agr®es that landscaping within the utility . easement(s) shall be limited t^. bushes, shrubs and tlowem, 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 _ the owner its successors and assigns." 9. DEVELOPER/OWNER shall not place encroachments within the utility easement(s) unless specifically provided for in this Agreement. 14. This Agreement contains the entire agreement between the parties relating to the subject matter hereof. This Agreement shaft not be amended unless in writing and signed by the parties hereto. 11. This Agreement shalt run with the land and bind DEVELOPER/OWNER, its agents, heirs, successors and assigns, and any subsequent owners of the parcel described in EXbibd 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. 0 Fab-22-99 04:52P L.EFMAFZK Palm -Airs 954 969 4901 P.04 IN WITNESS WHEREOF, the parries 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, duty authorized to execute same. ATTE Carol Gold, C AAE City Clerk ATTEST: Corporate Secretary (Corporate Seat) S AN t,RA RA _ Type[Print Name 0 CI OF TA ARAC Schreiber, Mayor l q e S. Noe, Jr., City Manager DEVELOPER/OWNER �c . 1-E-/7fi"y By v�kPresider►t Type/Print Name Date: Z�Z� EXHIBIT 1 • L :a_ TEMP. RESO. # 8656 Li i% Q / 00 0 / z (62 ST) BAILEY RD j% 62 ST — — — — — — % %j 61 ST 3 .D �D W'/' ¢ LAND C. 11 z J 60 CT % w vL \D /: 'D BER DA % 60 ST % / / \ \ z 59 ST /// 59 S 7 COND S� ¢ n > 7 Sr ] j 7 r 58 ST\� ��\ . �\ r g / w 3 w 7 ¢ ¢ Li~ \\\ \\\ ¢ co C ~ % � 57 DR �D ° / u i ,n \ \ 7 o \D MA NLA DS SEC 9 / 10 .D ° ' �D 57 CT ¢ FAITH ¢ 57 CT M ]BERMUDA cu UNITED CHURCH LAND S E C. 10 a CLUB In 57 ST THE J V) cr A z �'o a MARKETPLACE N o ¢ ? ¢ Li -0 N � z w ¢ ��ni 0 ¢ ¢ grv'j?� ¢ - aNa a r FOUNTAINS � N <'a v ¢ 57 ST z4 APARTMENTS ¢w Uw OF as TAMARAC Wao m -A zL' ,¢_,� UU �Jwwi� CL Yw wa Q� �aJa ° -L ]W ~ li < a D Ej A a U F d v~ o» a q THE FOUNTAINS CORP. CEN, 3aa COMMERCIAL BLVD W WHITE OAK C a (CO RD. 870) SITE W Lia 56 ST < z q W g Y a Q U LOCATION V W 3 0 W W W WHr r� oP� W y V y W W y WATER OAK C W W y y W W W y W y W 7" ^v Ay � W y y W Q W y W y .D W y W ELM W W EG,, W WALGRE64,DWG WALGREENS — COMMERCIAL AND 64th UTILITY EASEMENT ENCROACHMENT AND HOLD HARMLESS AGREEMENT Feb-22-99 04:62P LEFMARK Palm -Aire 954 969 4901 P.06 0 "Exhibit A" for WALGREENS 6401 West Commercial Boulevard The site proposed for this Walgreens development was formerly the Greater Miami Federal Bank site at the Northwest corner of N.W. 640' Avenue and West Commercial Boulevard. The existing site contains an existing 1-1r2" water service and an existing 2" water service for which contribution fees have been paid. The proposed site will also • contain a 1-117' water service and a 2" water service. Therefore no additional contribution fees are due, Feb-22-99 04 : 63P LEFMARK Palm —Aire 954 969 4901 P.07 "Exhibit B" DESCRIPTION -- Utility Easement A portion of Parcel A, 0.t1.F. Subdivls'ean, according to the Plot thereof of recorded in Plot Book 15$, of POO* 410 of the PUW;c Records of eroword County. Florido. being more particularly described as follows: BEGINNING at the Northwest corner of saki Parcel A. thence, South 89' 01' 23' Cost, along the northerly line of said Porch A and the southerly right —of —may line of f+o•thwtst 57th Street, a distance of 13.00 feet; Thence. South 00' 00' 16' East, 9 distance of 215.40 feet; thence. North 89. 59' 44' East, a distance of 62.15 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' u' West, o distance of $3.33 feet: thence. South 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 Boulevard (State Route 870); thence. North 89' 01' 23' Weal, along said line. a distance of 15.00 fort; thence. Nortrl 00' 00' 16' West, along the westerly line of said Parcel A, a distance of 293.00 feet to the POINT Of BEGINNING. DESCRIPTION — Access Easement A portion of Parcel A. G.I.F. Subdivision, according to the Flat thereof as recorded In Plat Book 85, at Rog* 50 of the Public Records of Broword County. Florida, being more Particularly described as follows; isCommencing at the Northwest corner of said Parcel A; thence, South aQ' 01' 23' Eoet, along the northerly line of said Parcel A and the southerly right —of —tray line of Northwest 57th Street, a distance of 53.04 feet to the POWT QE BEGINNING,; them, continuing South 89' 01' 23' East along said line, a distance of 15.00 feet; thence, South 00. 58' 37' West, o distance of 8.65 feet; thence, North 89' 01' 23' Weat, o distance of 15.00 feet; thence, North 00' 58' 37` Eagt. a distance of a.65 feet to the POINT OF BEGINNING. ;T1 OF SHEET 7 FOR GRAPHIC OEPICTION "" POT ro scAU d.t• ^� u SMEREwETA ASSOCIATICS. ING t job Fe. 95r i2 so= f fIBIT »�» � CONSul11NC ENCftIIM Fab-22-99 04:53P LEFMARK Palm -Airs 954 969 4901 P.08 NORTHWSET CORNER PARCEL A. G.M.F. SUBDIvISION P.O.S. UTILITY EASEMENT P.O.C. ACCESS EASEMENT N.W. 5/TH STREET P.O.S. ACCESS EASEMENT ca - 89'01'07' R - 25.00• s�. O 2.31: i • T . 24,53' Sd9'01'23" L - 38.84' 272.43 H 0 4 Ir f1 15.Q0 S00'38'37'V N89.03'23' V ACCESS EASEMENT UTILITY EASEMENT tY ? N l � a + o'► 1 A PARCEL A. G.M.F. SUBDIVISION ro (PLAT BOOK 85. PAGE 50) N $ r Ala, 1 6.00 N00'00'I6'V N89 s9'44•E 62.1-5 61 N89'S9'4VE 83,33 i o S89.59'4�'V A ^' P.O.C. DENOTES POINT OF COMMENCEMENT P.O.B. DENOTES POINT OF BEGINNING 15.00 ma9.Ql'23' V K8A'01'23�+ ' 271.5 0 90'58'58' R 21,00' COMMERCIAL BOULEVARD T = 25.43' SHEET 2 OF 2 L - 39.70' SEE SHEET I FOR DESCRIPTIONS SCSI* 30' d.iq 3/24/ss EXHIBIT Job — 9s+32.90s �SMEREMCFA ASSOCIATES, ING WdSULTING ENp►r p$ ' w wwNy 0 40#k*" . aw"r%o M Y Mter. •am%—. r-•loowb-Nm Feb-22-99 04:52P LEFMARK Palm -Aire 954 969 4901 P.05 gl� � M m ,.. «. > D� G "Exhibit. C" rQr >t. 293.00' N Cm0' V w ............1..............................................ty*.................................................. a , t ty i 'P+ . `� — e,LF I ..•••---- --- ........... i iF11 Ell a I 1 I i t 1 )5' wndscapc O� 1it i F . it v L I111,1 Q N.W. 64TH AVEI'LIIJE L I 111 N N 014 R V) I'"*1 � CD ` 6401 Commercial Blvd. 17, ,i Tamarac, Florida 63/10/99 14:58 V30S 858 8990 THE LEFMWK GROLP Fax:7138507090 LEFMARK FLORIDA Mar 10 '99 13:38 P.02 1� 002/002 � LEF/Tamarac, Inc. 0 March 10, 1999 corperwe One Greerwoy Plczo, Suite 8$0 Housfon, texas 7704&0102 (713) 8S0.1850 / fax: (7131850.7090 Mram(cffice 2601 S. Bcyshore Ddve, Suite 300-q Hurl, Florida 33133 (305) 858-8= / f= (305) 85"990 Mr. Kurt Schoenfolder 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. Schoenfelde r: LEF/Tarnarac, Ltd, is the owner ofprvperty 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/Tamarac, Ltd. dated 2-24-99, Sincerely, LEF/Tarmame, Inc., General Panner of LEFtTamarac, Ltd. Leon=Fric President