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HomeMy WebLinkAboutCity of Tamarac Resolution R-93-1183 2 3 1 5 b 1 Temp. Reso. #� f (V CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-93--�� A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TAMARAC, FLORIDA AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE THE REVOCABLE LICENSE AGREEMENT WITH BROWARD COUNTY, FLORIDA FOR MEDIAN IMPROVEMENTS ON NOB HILL ROAD FROM MCNAB ROAD TO NORTHWEST 80TH STREET; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE ATE WHEREAS, the City Council of the City of Tamarac, Florid2 deems it to be in the best interests of the citizens and residentE of the City of Tamarac to authorize the appropriate City Official to execute a Revocable License Agreement with Broward County Florida for median improvements on Nob Hill Road from MCNab Roa to Northwest 80th Street. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF TH CITY OF TAMARAC, FLORIDA: SECTION 1: That the foregoing "WHEREAS" clause is hereb ratified and confirmed as being true and correct and is hereb made a specific part of this Resolution. SECTION 2: That the appropriate City Officials are hereb authorized to execute said Revocable License Agreement wit Broward County for median improvements on Nob Hill Road from McNat Road to Northwest 108th Avenue. SECTION 3: All resolutions or parts of resolutions i conflict herewith are hereby repealed to the extent of su h conflict. SECTION 4: If any clause, section, other part r application of this Resolution is held by any court of competeIr t jurisdiction to be unconstitutional or invalid, in part application, it shall not affect the validity of the remaini g portions or applications of this Resolution. 2 Temp. Reso. # �:5 40 SECTION 5 This Resolution shall become effectiv immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED thisp ay OfAq?fe-� 1993. ATTEST: 7 CAROL A. EVANS CITY CLERK MAYOR I HEREBY CERTIFY that I DIST 1• have approved this DIST.2. U711-/ TION as to form. DIST. 3; DIST. 4; MITCHE S. K FT CITY AT ,aty REVOCABLE LICENSE AGREEMENT -NOB HILL RD/rkt H.L. BENDER MAYOR RECORD OF • (c,-� 3- 11 Y C 19W city or Tamarac THIS IS AN AGREEMENT made and entered into by and between: BROWARD COUNTY, a political subdivision of the State of Florida, hereinafter referred to as the "COUNTY", /aIl�lr7 THE CITY OF TAMARAC, its successors and assigns, hereinafter referred to as the "LICENSEE". WHEREAS, BROWARD COUNTY has agreed to permit THE CITY OF TAMARAC, temporary use of a portion of said unimproved right-of-way as described in Exhibit "B" attached hereto and incorporated herein (the" Property") for: Additional landscaping and irrigation in excess of that required by Chapter 39, Broward County Code of Ordinances, or applicable municipal minimum landscaping requirements or as a condition of any special exception or variance. �L -5 3-1 J 9 - Ix ] Other (explain) landscaping and installation of medians on Nob Hill Road from McNab Road to Northwest 80th Street WHEREAS, the parties have agreed to enter into a Revocable License Agreement in relation to the use of said easement as set out below; NOW, THEREFORE, IN CONSIDERATION of the mutual terms, conditions, promises, and covenants hereinafter set forth, COUNTY and LICENSEE agree as follows: 1. The above recitals are true and are incorporated in this Agreement. County hereby grants to LICENSEE the revocable right, license and privilege of occupying the Property, a legal description of which is described in Exhibit "H". The term of this License shall run until such time as the COUNTY notifies LICENSEE to cease using said Property. Notice shall be sent in writing, in accordance with paragraph 17 herein thirty (30) days prior to termination. a. 1ON- No payment shall be made by the LICENSEE for the privileges granted herein. 5. USE OF PREMISESg; LICENSEE shall use and occupy the Property only for the purpose(s) designated above. The property shall not be used for any other purpose whatsoever without written amendment of this Agreement. LICENSEE covenants that it will not, without written consent of the COUNTY, permit the Property to be used or occupied by any person, firm, entity or corporation other than LICENSEE and its agents. LICENSEE further covenants that no nuisance or hazardous trade or occupation shall be permitted or carried on, in or upon said Property. No act shall be permitted and nothing shall be kept in or about said Property that will increase the risk or any hazard, fire or CAFf254 07/29/93 -2- I C1 catastrophe, and no waste shall be permitted or committed upon or any damage done to said Property. LICENSEE shall not permit the licensed Property to be used or occupied in any manner which will violate any laws or regulations of any governmental agency. LICENSEE shall have no authority to assign any of its rights under this Agreement during any tarn of this Revocable License Agreement without a written amendment to this Agreement. Should LICENSEE attempt to assign this License, then the License shall be terminated forthwith, without prior notice to LICENSEE. The LICENSEE shall not by its use or occupancy cause damage to • the Property. LICENSEE agrees that all personal property placed upon the licensed Property shall remain the property of LICENSEE, and shall be placed upon the Property at the risk of LICENSEE. LICENSEE shall give the COUNTY, or its agent, prompt written notice by registered or certified mail of any occurrence, incident or accident occurring on the licensed Property. (a) The LICENSEE shall Submit plans for the installation of landscaping and irrigation to the Broward County Engineering Division at least thirty (30)-days before installation and shall not install the landscaping and irrigation until written approval is obtained from the Broward County Engineering Division. (b) The LICENSEE shall notify the Broward County Engineering Division within five (5) days after installation. The Broward County Engineering Division may require LICENSEE to reinstall or remove the landscaping and irrigation if the improvements do not comply with the approved plans. (c) The COUNTY, its agents, or authorized employees may enter upon said Property at all reasonable times and hours, to examine• some to determine if LICENSEE is properly maintaining the Property pursuant to the terms and conditions of this Revocable License Agreement. ChF/254 07/29/93 -3- 0 "5 ) /Y 9• ' Nothing contained herein shall serv!��e 1. .t or abridge any limitations of liability or sovereign immunity available icensee by Iaw. ICENSEE shall indemnify, defend and hold harmles COUNTY, i officers, agents and employees from and ainot any and all laims, suit actions, damages, liabil es, expenditures, or ca es of action of any kind arise from this Revocable License regiment and resulting or a uing from any Negligent act, omiss n or error of LICENS , resulting in or relating to, injuries a body,.life, 1 , or property sustained in, about or upon licensed arty or improvement thereto, or arising from the of t Property. 10. LICENSEE shall defers its sole cost and expense, any legal action, claim or ppoceedi instituted by any person against the COUNTY as a suit of an lain, suit or cause of action accruing duri or in any way a ing out of this Revocable License Agr ent, for injuries body, lifef limb or property sot forth above. Le shall save the COUNTY harmless from d against all js, orders, decrees, attors►ey's fees, vets, and eand liabilities incurred in and about any h claim ition or defense thereof, which may be a ered, ior assessed as a result ofthe foregoing. thout limiting any of the other obligations or liabilities o LICENSES, LICENSEE shall provide, pay for and main n in for the insurance coverages set forth in this s ion, at all men for the services to be performed nder this Revocab License Agreement, as will assure COUNTY the protectio contained in the foregoing ndemnification Provision u ertaken by the LICENSEE. Comprehensive neral Liability w minimum limits of do rs 0 ) per occurrence comb ned qle limit or Bodily in ury L ability and Property Damage Lia lity Coverage must be afforded on a form no more restricti an the latest edition of the Comprehensive General L ii policy, without restrictive endorsements, as file y the uranae Services Office and must include: A. Premises d/or Operations. B. CO is to be included as an ' dditional scared" with respect to ;liability arising ut of operations performed for COUNTY by or on beha of LICENSEE or acts or omissions of COUNTY in connection with general supervision of such operation. CAPI02s4 07/29/93 -4- 0 v C.. Notice of Cancellation and/or Restri n - The policy(1e8) must be endorsed to prow ROWARD COUNTY irty (30) days notice cancellation and/or restrict LICENSEE shall provide a certified copy of all insurance policies quired by th a aph showing that COUNTY has bee amed -as an additional d under such policies or the alternative a certificate evi that the re ed additional endorsement has been obtained er such licies at the time of execution of this Revocable onus Agreement by LICENSEE. 11. It shall be the responsibility of LICENSEE to keep the licensed Property clean, sanitary and free from#trash and debris. The upkeep and maintenance of all areas herein licensed by COUNTY to LICENSEE shall be borne by LICENSEE, and LICENSEE agrees to maintain the licensed Property in accordance with the terms and conditions of this Revocable License Agreement and consistent with prudent and well - reasoned maintenance procedures and techniques. If this Agreement is for the use of the Property for landscaping, LICENSEE specifically agrees to install and maintain such landscaping in a manner that will not pose a hazard to persons or vehicles on adjacent property or the improved right-of-way. 12. SECURITY: (Check one) LICENSEE is obligated to maintain with BROWARD COUNTY adequate security in the form of a cash bond, surety bond, or letter of credit in the amount of $ to ensure the repair and maintenance of the Property during the term of this Agreement and to ensure restoration of the Property following termination. [-A] There is no obligation for security as a condition for granting this Revocable License Agreement. 13. AMMMENTSz No modification, amendment or alteration of the terms or conditions contained herein shall be effective unless contained in a written document executed by the parties • hereto, with the same formality and of equal dignity herewith. CAF#254 07/29/93 -5 i 17. LICENSEE shall peaceably surrender and deliver the licensed Property to the COUNTY, or its agents immediately upon expiration of the Revocable License term. LICENSEE shall remove from the licensed Property, at LICENSRE9$ own expense, anything placed thereon unless the COUNTY, in writing, authorizes LICENSEE to leave any landscaping or improvements on the licensed Property. The COUNTY shall have no obligation to move, reinstall, replace, or in any way compensate LICENSEE for any loss resulting from or arising out of the termination of this Agreement,- the requirement to remove improvements or landscaping, or the removal of the same by the COUNTY upon failure of the LICENSEE to restore the Property. The LICENSEE agrees to return the Property to safe condition following removal of any improvements or landscaping. LICENSEE shall be obligated to repair or pay for any damage to COUNTY property resulting from the removal of landscaping or improvements. Failure of the COUNTY to insist upon strict performance of Revocable License Agreement, or to exercise any right herein contained,, shall not be construed as a waiver or relinquishment for the future of any such covenant, condition or right; but the same shall remain in full force and effect. None of the conditions, covenants or provisions of this Revocable License Agreement shall be waived or modified except by the parties hereto in writing. This Revocable License Agreement may be canceled with or without cause at any time during the term thereof by either party upon thirty (30) days written notice to the other of its desire to terminate this Revocable License Agreement. It is expressly understood by the parties that LICENSEE is receiving from COUNTY a Revocable License which may be terminated at any time by COUNTY. Whenever either party desires or is required to give notice to the other, it must be given by written notice and sent by certified or registered mail, return receipt requested, sent to the other party at the address set forth below, or to such otter address as such party may from time to time designate by notice. C"0254 07/29/93 -6- • Notice to the COUNTY shall be adOressed to: County Administrator Governmental Center, Room 409 115 South Andrews Avenue Port Lauderdale, FL 33301 Notice to the LICENSEE shall be addressed to: City Manager City of Tamarac V i _i ..i -Y 7525 N.W. 88th Avenue Tamarac Florida 33321 7 y • This Revocable License Agreement embodies the entire agreement between the parties. It may not be Modified or terminated except as provided herein. If any provision herein is invalid, it shall be considered deleted herefrom, and shall not invalidate the remaining provisions. LICENSEE shall observe all laws and ordinances of the COUNTY, State and Federal agencies directly relating to the operation of the Property. This Revocable License Agreement shall be executed in two (2) original copies, each copy of which, bearing original signatures, is to have the force and effect of an original document. This Revocable License Agreement shall be recorded in the Public Records of Broward County, Florida. upon termination of this Agreement, a document of equal dignity to this document shall be executed And recorded by COUNTY. IN WITNESS WHEREOF, the parties have made and executed this Agreement on the respective dates under each signature: BROWARD COUNTY through its BOARD OF COUNTY COMMISSIONERS, signing by and through its Chair or Vice Chair, authorized to execute same by Board action on the day of , 19 , and CKF#254 � 07/29/93 -7- signing by and through its duly author zed to execute same. COUNTY ATTEST: BROWARD COUNTY, through its BOARD OF COUNTY COMMISSIONERS County A inistrator and By Ex�-Officio Clerk of the , chairman Board of county Commissioners of Broward County, Florida day of , 19 3 Approved as to form by Office of County Attorney Broward County, Florida JOHN J. COPELAN, JR., County Attorney Governmental Center, Suite 423 115 South Andrews Avenue Fort Lauderdale, Florida 33301 Telephone: (305) 357--7600 Telecopier: (305) 357-7641 By Assistant County Attorney ChY#2 54 •� 07/29/93 '"8"' 0 E PI CIF" IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed on the day and year indicated below: CITY OF T BY: //'.' . — .L. ATTES nder, Mayor BY: Dina M. McDermott Cl rv$� City Manager Date: ATTEST: ` BY: DAL Patricia Marcurio Dina M. McDermott, Acting CityiManager ActingCity Clerk Date: rr CITY OF TAMARAC BY: / j v APPROVED AT MEETING OF -c�a - -6 Mitchell S. Kraft City Attorney STATE OF FLORIDA : SS.: COUNTY OF BROWARD: I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared H.L. Bender, Mayor and John P. Kelly, City Manager, to me known to be the persons described in and who executed the foregoing instrument and they acknowledged before me that they executed the same. WITNESS my hand and official seal this day of 1993. NOTARY PUBLIC, State of Florida at Large FLM (W W000 W OOMIMIS8M / CC M140 (Name of Notary• . "=lrl► dnmrms Type as Commis—si-o—neUT ( Personally known to me, or ( ) Produced identification DID take an oath, or ( Type of I.D. Produced ) DID NOT take an oath. r-1 L..J Pe 379 NELDON "� . R. ) 19 ION MAP ALE ad I InN w cc cr- CL x M w T N H N OD a o a c� 3 a � v) z LENNAR HODS: LANDSCAPE IMPROVEMENTS NOB HILL, ROAD FROM MCNAB TO N.W. 108th AVENUE (N.W. 80th STREET) SOUTHGATE BLVD. a N 8or �ti•� e/s ST � r / 3• ��� r. f Q► 'r �W`?/ST 0-; 0 WEST W4 MUNAB RD. SCOPE OF PROJECT ICATE C� Exhibit "B" is a and is too large Clerk's office Avenue, Tamarac, 0 /,( -`,�-i/Z EXHIBIT "B" plan entitled "Nob Hill Road Planting Plan" to attach. This plan is located in the City located in Tamarac City Hall, 7525 NW 88 Florida 33321. 0 /I I �'- 8 � CITY OF TAMARAC 7525 Northwest 88 Avenue Tamarac, Florida 33321-2401 September 28, 1993 Ms. Maite Azcoitia Assistant County Attorney Broward County 115 S. Andrews Avenue Suite 423 Fort Lauderdale, Florida 33301 Phone (305) 722-5900 Fax (305) 722-4509 Subject: Revocable License Agreement for Median Improvements on Nob Hill Road from McNab Road to Northwest 80 Street Dear Ms. Azcoitia: Please find enclosed one (1) original of the subject agree- ment and one (1) certified copy of City of Tamarac Resolution No. R-93-118 as passed by City Council at the meeting of September 22, 1993. Once fully executed, please send us a copy for our files. Thank you for your assistance. Very truly yours, -(Spm a . Patricia Marcurio Acting City Clerk /ew Enclosures r THE CITY OF TAMARAC IS AN EQUAL OPPORTUNITY EMPLOYER AND DOES NOT DISCRIMINATE ON THE BASIS OF HANDICAPPED STATUS