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.
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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
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CI OF TA ARAC
Schreiber, Mayor
l q
e S. Noe, Jr., City Manager
DEVELOPER/OWNER
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1-E-/7fi"y
By
v�kPresider►t
Type/Print Name
Date: Z�Z�
EXHIBIT 1
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WALGREENS — COMMERCIAL AND 64th
UTILITY EASEMENT ENCROACHMENT AND HOLD HARMLESS AGREEMENT
Feb-22-99 04:62P LEFMARK Palm -Aire 954 969 4901 P.06
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"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
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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
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ACCESS EASEMENT
UTILITY
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PARCEL A. G.M.F. SUBDIVISION ro
(PLAT BOOK 85. PAGE 50) N $ r
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62.1-5 61
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83,33 i o
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^' 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$ '
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Feb-22-99 04:52P LEFMARK Palm -Aire 954 969 4901 P.05
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6401 Commercial Blvd.
17,
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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