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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 I • 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." r 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 - 2 - I 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 - 2a - 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. 3 - 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 C 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 • -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 nvres AVITc Lfw1w "CxAcr Copy " DuCED rn /PEsocuTivN �ook m