HomeMy WebLinkAboutCity of Tamarac Resolution R-2000-229Temp. Reso.#9102
July 28, 2000 1
CITY OF TAMARAC
RESOLUTION NO. R-2000- -7a 7
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 ALAZHAR SCHOOL FOR
CURBING AND SIDEWALKS PLACED IN A UTILITY
EASEMENT AT THE ALAZHAR SCHOOL PROJECT
LOCATED AT 7201 WEST McNAB ROAD; 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, Alazhar School, owner of the Alazhar School Project (a copy of
which is attached hereto in map form as "Exhibit 1 ") located at 7201 West McNab Road
placed curbing and sidewalks in a utility easement; and
WHEREAS, the owner, Alazhar School, 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 curbing or sidewalks 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 Alazhar
School Project; and
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Temp. Reso.#9102
July 28, 2000 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 Alazhar
School for curbing and sidewalks placed in a utility easement at the Alazhar School
Project.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA:
SECTION 1: That 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 Alazhar School for curbing and sidewalks placed in a utility easement at the
Alazhar School Project (a copy of which is attached hereto as "Exhibit 2") located at
7201 West McNab Road.
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.#9102
July 28, 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.
2000.
PASSED, ADOPTED AND APPROVED this /-5- day of
JOE SCHREIBER
MAYOR
ATTEST:
MARION SVVENSON, CMC RECORD OF COMMISSION VOTE
CITY CLERK
I HEREBY CERTIFY that I have
approved t is RESOLUTION as
to forvn I A %% A
RG/krs/dml
ITCHELL S. KF
CITY ATTORN
MAYOR SCHREIBER
DIST 1: COMM. PORTNER.,
DIST 2: COMM. MISHKIN ...,
DIST 3: COMM. SULTANOF
DIST 4: VIM ROBERTS
EXHIBIT 1
TEMP. RESO. # 9102
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ALAZHAR.DWG
ALAZHAR SCHOOL
UTILITY EASEMENT ENCROACHMENT AND HOLD HARMLESS AGREEMENT
j --"•" "Exhibit 2"
UTILITY EASEMENT ENCROACHMENT
AND
HOLD HARMLESS AGREEMENT BETWEEN
THE CITY OF TAMARAC
AND
Alazhar School
THIS AGREEMENT made this day of by and
between the CITY OF TAMARAC, a municipal corpora ion with principal offices located
at 7525 NW 88' Avenue, Tamarac, Florida 33321 (hereinafter called CITY) and
_Alazhar school a Florida corporation with principal offices located at
Beach, FL.33443 (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 DEVELOPER/OWNER'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, DEVELOPER/OWNER has constructed or will construct landscaping
and/or structures as part of its development of the parcel described in Exhibit A within
utility easement(s) described in Exhibit B, attached hereto and incorporated herein by
reference, and recorded in O.R. Book :14 page T^� of the Broward County
public records; and
WHEREAS, said existing landscaping and/or structures are described on the site
plan for _p}L,,-L han Sc.u�. t— _ prepared by %A sD m and dated _
I Is Pa a copy of which is on file with the CITY and attached hereto and incorporated
herein by reference as Exhibit C; 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 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.
P.O. Box 94
Deerfield
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. DEVELOPER/OWNER 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 w -fir 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 Exhibit 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.
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IN WITNESS WHEREOF, the parties have made and executed this Utility
Easement Encroachments and Hold Harmless Agreement on the respective
dates under each signature. CITY OF TAMARAC, through its Mayor and _Alazhar
S c h o 1 through its President, Mohamed S. Behair
authorized to execute same. duly
ATTEST:
Sarion Swenson, cMc
Citp.,Clerk
ATTEST:
Corporate Secretary
(Corporate Seal)
Type/Print Name
CITY OF TAMARAC
Schreiber, Mayor
Date:JAJ26--d .-
eff L. Mifler, City Manager
DEVELOPER/OWNER
By;
Presiden
Type/Print Name
Date:
"Exhibit A"
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PAuZKA
P.L.S. #1531
SPATE OF FIOR10A.
DAVIS ASSOCIATES, INC.
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Consulting Civil and Cnvironmeatal 1)trgineers land Surveyare o Land Development Consultants a Planners
201 S.E. 15TH TERRACE". -- SUITE 103A -- DEERFIELD 9FACH, F!_ 33441
Phone: (954) 698-9101 fax: (954)698-9722
Subdivisions & Condominiums . l,gnd & site Planning • Sanitary hewer Systems o Water System ^ 0minage Design ^ Paving Design
Lot Surveys a Mnrtgage Surveys ^ Acreage Surveys n Topographic Surveys <Record Plats eCondominiurn Plats ^ Construction Layout
SCALE: I" = 20'
U1rAWN HY,, T"W
DA7E_- 8128100
JOB No: 111700
FILE: C3242
S11FI=T No, 7 OF 1
"Exhibit C"