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HomeMy WebLinkAboutCity of Tamarac Resolution R-2000-1431 Temp. Reso. #8994 May 15, 2000 1 CITY OF TAMARAC RESOLUTION NO, R-2000-143 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 WYNNE BUILDING CORPORATION FOR THE SIGNS AND SIDEWALK CONSTRUCTED IN A UTILITY EASEMENT IN THE HAMPTON INN HOTEL PROJECT LOCATED ON THE NORTHEAST CORNER OF COMMERCIAL BOULEVARD AND NW 47th TERRACE; AUTHORIZING AND DIRECTING THE CITY CLERK TO RECORD SAID AGREEMENT IN THE PUBLIC RECORDS OF BROWARD COUNTY; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Wynne Building Corporation, owner of the Hampton Inn Hotel Project (attached hereto in map form as "Exhibit 1") located on the northeast corner of Commercial Boulevard and NW 47th Terrace constructed signs and a sidewalk in a utility easement; and WHEREAS, the owner, Wynne Building Corporation, has offered a Utility Easement Encroachment and Hold Harmless Agreement to the City of Tamarac; and WHEREAS, the Owner shall hold the City harmless from any costs or obligation to restore the signs or sidewalk as a result of any repair or maintenance to the utility easement or infrastructure; and WHEREAS, the Interim Director of Utilities recommends the acceptance and execution of this Utility Easement Encroachment and Hold Harmless Agreement for the Temp. Reso. #8994 May 15, 2000 2 Hampton Inn Hotel Project; and 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 Wynne Building Corporation, for the signs and sidewalk constructed in a utility easement in the Hampton Inn Hotel 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 Wynne Building Corporation, for the signs and sidewalk constructed in a utility easement in the Hampton Inn Hotel Project (attached hereto as "Exhibit 2") located on the northeast corner of Commercial Boulevard and NW 47'" Terrace. 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 Temp. Reso. #8994 May 15, 2000 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 k/ V' day of 2000. ATTEST: v� MARION SVVtNSON, CIVIC INTERIM CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to fom) ' A / . RV/krs/mg ITCHELL S. MAP CITY ATTO EY JOE SCHREIBER MAYOR RECORD OF COMMISSION VOTE MAYOR SCHREIBER L - DIST 1: COMM. PORTNER �< DIST 2: COMM. MISHKIN DIST 3: COMM. SUL.TANOF DIST 4: VIM ROBERTS1"�" • C] EXHIBIT 1 TEMP. RESO. # 8994 W � � co W W, W W W W W W SA AL PALM, W W G❑LF C❑URSE W LAKESIDE J LAKESIDE DR ? O W t7. z SEVEN uQ A.TpRIA WINDS ISLAND x a DINER 0 \ CLUB _ a U m 53 S. r E �i>dp < \ "rp SITE W W `��, °` �' °�F`\ P LOCATION W T 0 ��°'� (SUNSHINE PLAZA) GRANTS 0 '9 W W W y9 d �\ TAMARAC ANIMAL H❑SP, A � SEC 5A � � W W W D W W 49 CT < 1> GABLES w MIDAS RAL � NATI❑NS W W B W / . ��„ MOBILE w BANK ANK o j _ W j/4V JJK } ¢� AM❑Cp t } BUNNING 49 CT ¢ ``I � � 0 ° BUD'S z wN FL❑RIST ti ¢ ¢ 3 r A z J¢ Li w v v co N D�' % DUNKIN' w ¢w 49 T ~ v Y P q // 44 ��11 D❑NUT � aMo �4$ CT 49 ST 3 p2 P�0 j PLAAZA GINA'S 49 ST DR d` 1�� 7 i/ SEC 2 8 P 48 a 48 ST �P�NIAND DR S. /� Li¢ 47 CT j/ Ali j/ 47 CT �� 47 CT m % IH❑P j %j b Cr) v 47 ST a /j 47 ST b 47 ST j% o¢ %ji / j /// 46 ST . w 46 ST 45 CT 3 /% ~ 45 CT ¢ g W W j W SEC 4A W W SEC 3 W W W W W W W 7 44 ST v HAMP_INN,DWG HAMPTON INN HOTEL UTILITY EASEMENT ENCROACHMENT AND HOLD HARMLESS AGREEMENT "Exhibit 2" UTILITY EASEMENT ENCROACHMENT AND HOLD HARMLESS AGREEMENT BETWEEN THE CITY OF TAMARAC AND WYNN BUILDING CORPORATION THIS AGREEMENT made this day of 20Qo by and between the CITY OF TAMARAC, a municipal corporiftion with principal offices located at 7525 NW 88u' Avenue, Tamarac, Florida 33321 (hereinafter called CITY) and WYNNE BUILDING CORPORATION— a Florida corporation with principal offices located at 8000 South U.S. 1, #402, Port St. Lucie, Florida 34945, (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 DEVELOPEWOWNER's property and within utility easements held by the CITY. WHEREAS, DEVELOPER/OWNER is owner of a parcel of land in the City of Tamarac, Broward County, Florida, more particularly described in Exhibit A, attached hereto and incorporated herein by reference; and WHEREAS, DEVELOPERIOWNER has constructed or will construct signs and a sidewalk as part of its development of the parcel described in Exhibit A within utility easement(s) described in Exhibit g, attached hereto and incorporated herein by reference, and recorded in Plat Book 1L2 Page 43 of the Broward County public records; and WHEREAS, said existing landscaping and/or structures are described on the site plan for Hampton l_r,in Hotel prepared by Isaac Sklar Associates and dated January 2-3, 20001, a copy of which is on file with the CITY and attached hereto and incorporated herein by reference as Exhibit ; and WHEREAS, CITY is grantee of the utility easement(s) described above and has an obligation to maintain and repair utility lines in order to serve the citizens of the City of Tamarac; and WHEREAS, DEVELOPER/OWNER agrees to hold the CITY harmless for any expenses incurred by the CITY's use of the utility easement(s) resulting in the destruction and/or removal of said existing and/or future signs and sidewalks; 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. 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, liability 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 DEVELOPER/OWNER and shall not be responsible for the damage, destruction or replacement of irrigation lines within the utility easement(s). 5. CITY shall be entitled to make emergency repairs to utility lines within the easement(s) without prior notice to DEVELOPER/OWNER if giving notice would be of detriment to the health, safety and welfare of the citizens of Tamarac. 6. 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 agrees that landscaping within the utility easement(s) shall be limited to bushes, shrubs and flowers, 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. 10. This Agreement contains the entire agreement between the parties relating to the subject matter hereof. This Agreement shall not be amended unless in writing and signed by the parties hereto. 11. This Agreement shall run with the land and bind DEVELOPER/OWNER; its agents, heirs, successors and assigns, and any subsequent owners of the parcel described in xhi it 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. • • E IN WITNESS WHEREOF, the parties have made and executed this Utility Easement Encroachment and Hold Harmless Agreement on the respective dates under each signature. CITY OF TAMARAC, through its Mayor and WYNNE BUILDING CORPORATION, through its President, Joel F. Wynn, duly authorized to execute same. ATTEST: ZIA.1 Marion Swenso6 I C Interim City Clerk Approved as to form nd legal s ici new /1 71 n/ Mitche(V . Kraft, City ATTEST' t Corporate Secretary (Corporate Seal) Eric P. yyynne Type/Print Name CITY OF TAMARAC Schreiber, Mayor Date: jefte�g. Nfler, City Manager Type/Print Name Date: "Exhibit A" C I I C] rt` ~J� `Or 1 0 K K 4MTERRACE •A• FGt 04� O KV&4*LCCURT LOCATION PLAN SCALE NOT TO SCALE 40 LEGAL DESCRIPTION PARCEL A WTEB&NPALF C r A REPLAT OF A PORTION OF BECTION U TOWNSW 49 SOUTK RANGE 41 EAST, FORT LAUDEFIDALE TRJCK FAFW ( Pa A PQ 3% &CA ) N THE CITY OF TAIuIARAC, BROINARD COMITY, FLORDA. "Exhibit A" .................................. .. ........ ... . ........... . ............... .............. ..... ----- (111L 4- lW CL r- Lj LE. ..... :9 2- olo II 715, i! L) i 00 C, ii o f e� • L) I � yr Ln I LU 2 z z 0 9*-9Z.90N CL CP ............................ .................. ------- ........... I! "Exhibit B" SKETCH OF 20' UTILITY EASEMENT N The Southeast 20 feet of the Northwest 30 feet of Parcel "A', TOGETHER WITH: The West 20 feet of Parcel "A", WYNNE COMMERICIAL PLAT, as. recorded in Plat Book 162, Page 43 of the Public Records of Broward County, Florida. Said lands situate, lying and being in the City of Tamarac, Broward County, Florida. AN C� GXIIIUIL b SKETCH OF 20' UTILITY EASEMENT The Southeast 20 feet of the Northwest 30 feet of Parcel 'A', TOGETHER WITH: The 'West 20 feet of Parcel 'A', WYNNE COMMERICIAL PLAT, as recorded in Plat Book 162. Page 43 of the Public Records of Broward County, Florida. Said lands situate, lying and being in the City of Tamarac, Broward County, Florida. _ N ' pti 5r / /hh UPARCEL "A" r N ao La 5' LtIIIty Easement (PB 162. PG 49, BCR) Exclusive Utility Easement (P.B. 162,. Pg. 49, 13CR1� S89'26'57'N 60.26' THIS SKETCH FOES NOT CONSTITUTE A FIELD SLIRVEY =OR : WYNNE (��',w: MIKI I L. HI1r � +10.000407! pl GISTEAEp LAND S11pYEtGp 53 Ip11G1 NG, 595� S SATE: 4/7/00 REV 1 SEO' 5/11 /00 =ILENAME: WP-A JEFFREY J. NITT REGISTERED LAND SURVEYGR NO, 4717 STATE OF FLORIDA KALE: i' • 100' I DEN/ ASSOCIATES 5701 PINE ISLAND ROAD, SUITE 260,TAMARAC, FL. 33321 ( 954) - 720- 1042 FAX ( 954) - 720- 1045 LAND SUHVEYS 0 Iv151UNi 0 UUNSIHUCTION SURVEYS v 9 0 C7 ............................ "Exhibit C" ) r Jr 11 a0 ................ .......... AL . . ........... . 0 C3 C/) i 0L) OL i1jun j . ...............