HomeMy WebLinkAboutCity of Tamarac Resolution R-71-018CITY OF TAMARAC, FLORIDA
RESOLUTION NO. rIHS
WHEREAS, the owners to certain lands lying north and conti-
guous to the northern limits of the City of Tamarac have requested
approval to drain their lands through the canals and other drainage
systems of the City of Tamarac, Florida, and
WHEREAS, the City of Tamarac is desirous of approving the
said request.
NOW, THEREFORE, BE IT RESOLVED by the Council of the
City of Tamarac, Florida:
That the parties' request for drainage through the canals and
other drainage facilities of the City of Tamarac for the lands
lying north and contiguous to the northern boundary limits of the
City of Tamarac is approved. Said approval is subject to the
conditions, requirements and provisions of that Agreement attached
hereto and made a part hereof. The Mayor and the City Clerk -Manager
are hereby authorized to enter into and execute that Agreement
attached hereto.
Provided, however, that any improvements, changes or other
work done within the corporate limits of the City of Tamarac shall
be performed and placed pursuant to any ordinances or resolutions
and other requirements of the City of Tamarac as they presently
exist or as they may hereinafter be provided for or amended.
Provided further, that should the parties requesting said
drainage, at any time, fail to live up to each and every require-
ment of the Agreement attached hereto the City of Tamarac at its
option may, through its various departments, take steps necessary
to repel the requested drainage provided for herein.
PASSED, ADOPTED AND APPROVED, this day of
1971.
C t
CITY CLERK --:MANAGER
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A G R E E M E N T
THIS AGREEMENT, made and entered into this day of
, 1971) by and between THE CITY OF TAMARAC, herein-
after referred to as "Tamarac"; HERMAN CORN, Trustee; and ENNIS LLOYD,
FLOY BELLE HAYNIE, EARL FRANKLIN JONNS, and BETTY JOHNS and the
BROWARD NATIONAL BANK OF FORT LAUDERDALE, Ft. Lauderdale, Florida, as
the Co -Trustees of the Estate of Eva E. Johns, Johns and Corn hereinafter
collectively being referred to as "Corn -Johns";
W I T N E S S E T H:
In consideration of the sum of Ten Dollars ($10.00) and
other good and valuable considerations each to the other in hand paid,
the receipt whereof is hereby acknowledged, it is mutually agreed
between the parties hereto as.follows:
1. "Corn=Johns" is desirous of providing drainage for their
lands through drainage structures and facilities lying within
the corporate limits of "Tamarac" and flowing into the C-13 Canal,
which is under the -jurisdiction of the Central and South Florida
Flood Control District.
2. Attached hereto and made a part hereof as though set
forth in full herein is a sketch or map which shows a portion of
the lands lying within the corporate limits of "Tamarac"-, and which
includes those areas which will be affected by this agreement. The
sketch is identified as Schedule 2 and will be referred to as "Drainage
Map." On said "Drainage Map" are certain legends which are identified
by description and by number. Point No. 2 is the "White Hickory
Circle Culvert." Point No. 3 is the "Golf Course Culvert."
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3. "Corn -Johns" proposes to drain its lands from North
to South by erecting within one year from date hereof the proposed
twin, 48 inch culverts, crossing 46th Street (Commercial Boulevard)
at Point No. 1, and entering into the area shown as the existing
lake and drainage canal, all as shown on the Drainage Map.
"Corn -Johns" shall pay for the cost of construction and
installation of the twin culverts, including the work necessary
to repair any damage done to the roadway in accomplishing such
work. One of these 48 inch culverts shall remain open, and one of
such culverts shall be closed and shall not be opened excepting under
the terms and provisions of this agreement as is hereinafter set
forth.
The installation of the twin, 48 inch culverts across
56th Street shall be done by "Corn -Johns" at their sole expense
and in accordance with plans and designs previously approved by all
required governmental authorities, including the City of Tamarac
and its engineers.
In order to provide for the repair and maintenance of these
drainage structures as well as the repair to the road under which
the same are installed, and the structures (headwalls, etc.)
which support the drainage structures, "Corn -Johns" agrees that
prior to the start of construction for the subject installation
they shall deposit with the City the sum of $3,000.00. Said sum
shall remain on deposit with the City for a period of 15 years or
until the subject lands have been annexed to the City of Tamarac
and the parties agree thereafter to the release of said deposit.
If any maintenance or repairs are required, the City shall notify
"Corn -Johns" who shall cause same to be accomplished and paid for
within 30 days thereafter. In the event that "Corn -Johns" fails
to do the work required by the City in its notice within a 30-day
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period, the City may cause such work to be done utilizing the cash
deposit and the cost of same shall be promptly reimbursed to the City
by "Corn -Johns". In the event that repairs or maintenance of an
emergency nature are required, the above notice shall be deemed
to have been waived and the City may cause same to be accomplished
at "Corn -Johns'" expense utilizing the cash deposit which must be
promptly reimbursed to the City by "Corn -Johns". "Corn -Johns" or
its successors in interests shall be responsible at all times while
the aforementioned deposit is required to replenish same so that the
sum of $3,000.00 shall be maintained at all times notwithstanding
any expenses or disbursements that are chargeable to said deposit as
provided for herein.
"Corn -Johns" agrees that prior to beginning construction
of the twin 48 inch culverts crossing 46th Street at Point No. 1,
they shall place with the City a performance bond good and sufficient
in amount to cover the entire cost of the subject project and
that same shall be placed with an institution authorized to do business
within the State of Florida and said institution shall be first
approved by the City of Tamarac. Said bond shall be maintained in
full force and effect by "Corn -Johns" untilthe entire project at
Point No. 1 is completed and the City in writing formally authorizes
the release of said bond.
4. Upon the completion of the construction work hereinabove
described, the "Corn -Johns" property will have drainage availability
through all present and future drainage lakes, canals and structures
lying within the corporate limits of "Tamarac" into the C-13 drainage
canal under the jurisdiction of Central and Southexn Florida Flood
Control District.
5. "Corn -Johns" is satisfied that the present drainage
structures existing at Point No. 2, "White Hickory Circle Culvert",
Point No. 3, "Golf Course Culvert", and the single, 48 inch open culvert
at Point 1. "Proposed Twin 48 inch culverts" are sufficient to pro-
vide drainage to the "Corn -Johns" lands described on Schedule 1.
If any additionallands are proposed for drainage through
Point 1, then it will be necessary that the second 48 inch culvert at
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Point 1 be opened; and that additional culvert capacity adequate to
handle the additional flow engendered thereby will have to be provided
at Point No. 2, "White Hickory Circle Culvert", and at. Point No. 3,
"Golf Course Culvert". Before the 2nd 48 inch culvert at Point No. 1 is
opened, there shall be installed and constructed at Points 2 and 3 the
ppropriate drainage structures necessary to provide the required
additional culvert capacity, which drainage structures must, as to design,
construction and installation, meet the requirements of the City of
Tamarac and its engineers,.and shall be installed and constructed at
no expense of any kind to the City of Tamarac; and such work shall be
done before the second 48 inch culvert at Point No. 1 is opened.
In all events, no additional lands North of Commercial
Boulevard shall be drained through.Point l without the prior approval
by the Water Resources or Drainage Control Director of the Engineering
Department of Broward County, Florida, and the City of Tamarac of
he plans and specifications for the construction of the proposed
rainage structures:- Before such construction work is commenced, the
party desiring to utilize the.drainage,facilities of the "City" shall
furnish the "City" with a good and sufficient bond with a corporate
surety acceptable to "City", conditioned upon the performance of the
1.
work and the payment therefor.
6. Upon the construction of the twin, 48 inch culverts across
Commercial Boulevard (56th Street), the same will be conveyed by
appropriate Bill of Sale, free and clear of all encumbrances, to
"Tamarac"; and when the additional drainage structures are constructed
d installed at Points 2 and 3 on the "Drainage Map", the same shall
kewise be transferred to "Tamarac" by appropriate Bill of Sale, free
and clear of all liens -and encumbrances.
7. No construction work involving any of the drainage structures
and facilities contemplated with this agreement shall interfere with the
drainage being provided by the then existing drainage structures.
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LAW OF'FICGS .ZINN & REINHARD. P.A., 908 AINSLEY BUILDING, MIAMI. F'LORIDA
Following the completion of any such construction, all
areas affected thereby shall'be left in as good or better condition
than such areas were prior to the commencement of such construction.
No work shall be commenced unless the complete plans
and specifications therefor shall have first been approved by the
City Engineer of Tamarac and the Engineering Department of Broward
County, Florida, having jurisdiction over the subject matter. The
second 48 inch culvert at Point l may not be opened until the City
Engineer of the City of Tamarac and the Engineering Department of
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Broward County, Florida have certified that the work involved in the
construction of the drainage structures necessary to provide the
requested additional culvert capacity has been accomplished and done
in accordance with the previously approved plans and specifications.
8. Each party agrees to execute and deliver such instruments,
documents and papers, including the recordation of same among the Public
Records of Broward County and the State of Florida, as may be necessary
r required by any -governmental agency having jurisdiction overthe
ubject matter, in order to implement and to carry into -force and
effect the terms, provisions and agreements herein contained.
9. This agreement shall be executed in recordable form, and
the obligations of the parties hereto shall be and constitute covenants
running with the lands affected thereby.
IN WITNESS WHEREOF, the parties hereto have hereunto executed this
agreement at the places and on the dates hereinafter specified.
In the presence of: AS TO "CORN -JOHNS"
Ins to Earl Franklin Johns
d Floy Belle Haynie,
Ennis Lloyd and Betty Johns
(SEAL)
Earl Franklin'Johns
(SEAL)
Floy Belle Haynie
( SEAL)
Ennis Lloyd
(SEAL)
4 _ Betty Johns
.(Signatures continued.........)
LAW OFFICES ZINN Sc RBiNHARD. P.A., 908 AINSLEY ZUILOING, MIAMI. FLORIDA
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-in the presence of:
(As to "Corn -Johns" - cont'd...)
BROWARD NATIONAL BANK OF FORT LAUDERDALE
By (SEAL)
Earl G. Folsom, Trust Officer
All of the above have executed this agreement as Co. -:Trustees
of the Estate of Eva E. Johns, Deceased, at Fort Lauderdale, Florida,
this day of 1971.
In the presence of:
HERMAN CORN, TRUSTEE
As to Herman Corn, Trustee
(SEAL)
Herman Corn, Trustee, has executed this instrument at Fort
Lauderdale, Florida, this day of 19
CITY OF TAMARAC
By (SEAL)
Mayor
Attest (SEAL)
As to City of Tamarac City Clerk
Executed by City of Tamarac by its duly authorized officers
the City of Tamarac,_ Florida, this day of
1971.
STATE OF FLORIDA )
COUNTY OF B ROWARD )
I HEREBY CERTIFY that on this day personally appeared EARL
FRANKLIN JOHNS, FLOY BELLE HAYNIE, ENNIS LLOYD, and BETTY JOHNS,
individually and as the Co -Trustees of The Estate of Eva E. Johns,
deceased, to me well known to be the persons described in and who
executed the foregoing instrument, and they acknowledged before me that
they executed the same freely and voluntarily for the purposes therein
expressed.
WITNESS my hand and official seal in the county and state
last aforesaid this day of 1971.
My commission expires:
NOTARY PUBLIC
S
t..AW OFFICES ZINN Sc REINHARD, P.A., 908 AINSLEY BUILDING, MIAM1. FLORIDA
S.TATE'OF FLORIDA)
COUNTY OF BROWARD)
I HEREBY CERTIFY that on this day personally appeared EARL G.
FOLSOM, as Trust Officer for the Broward National Bank of Fort Lauderdale,
as Co -Trustee:, of the Estate of Eva E. Johns, Deceased, to me well known
to be the person described in and who executed the foregoing instrument.
and he acknowledged before me that he executed the same as said officer
for the purposes therein expressed.
WITNESS my hand and official seal in the County and State
last aforesaid this day of 19
My commission expires:
Notary Public
STATE OF FLORIDA)
COUNTY OF BROWARD)
I HEREBY CERTIFY that on this day personally appeared HERMAN
CORN, AS TRUSTEE, to me well known to be the person described in and
who executed the foregoing instrument and he acknowledged before me
that he executed the same freely and voluntarily for the purposes therein
expressed.
WITNESS my hand and official seal in the County and State last_
aforesaid this day'of 19
.y commission expires:.
STATE OF FLORIDA)
COUNTY OF BROWARD)
Notary Public
I HEREBY CERTIFY that on this day personally appeared
and ,
'respectively Mayor and City Clerk of CITY OF TAMARAC, to me well known
to be the persons described in and who executed the foregoing instrument
.and they acknowledged before me that they executed the foregoing instru-
ment and they acknowledged before me that they executed the same as
such officers freely and voluntarily for the purposes therein expressed.
WITNESS my hand and official seal in the County and State last
aforesaid this day,of 19
My commission expires:
Notary Public
LAW OFFICES ZINN Sc REINHARD. P.A., 906 AINSLEY suILDING, MIAMI. FLORIDA
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