HomeMy WebLinkAboutCity of Tamarac Resolution R-97-018Temp. Reso.#7637 December 9, 1996 1
CITY OF TAMARAC
RESOLUTION NO. R-97-19
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA, AUTHORIZING THE
APPROPRIATE OFFICIALS TO ACCEPT AND EXECUTE AN
AGREEMENT (HOLD HARMLESS AGREEMENT) WITH
PULTE HOME CORPORATION AND THE PLUMS MASTER
ASSOCIATION, INC., FOR A WALL CROSSING OVER A
UTILITY EASEMENT IN THE PLUM BAY PROJECT
LOCO.TED ON THE NORTHEAST CORNER OF NOB HILL
ROAD AND COMMERCIAL BOULEVARD; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Pulte Home Corporation, developer of the Plum Bay Project (shown
in map form as "Exhibit 1 ") located on the northeast corner of Nob Hill Road and
Commercial Boulevard has constructed a residential community; and
WHEREAS, Pulte Home Corporation and the Plums Master Association, Inc.,
desire to construct a wall and landscaping along the western boundary of the Plum Bay
Project; and
WHEREAS, the wall and landscaping is to be constructed along and across the
City's Utility Easement; and
WHEREAS, the developer, Pulte Home Corporation and the Plums Master
Association, Inc., have offered an Agreement (Hall Harmless Agreement) to the City of
Tamarac; and
WHEREAS, the Developer and Association shall hold the City harmless from any
costs or obligation to restore the Wall placed upon or across the Utility Easement
Temp. Reso.#7637 December 9, 1996 2
caused as a result of any repair or maintenance to the Utility infrastructure in the
easement; and
WHEREAS, the Director of Utilities recommends the acceptance and execution
of this Agreement (Hold Harmless Agreement); 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 an Agreement (Hold Harmless Agreement) with Pulte Home Corporation and
the Plums Master Association, Inc., for the wall in the Plum Bay Project.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA:
SECIIQN 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 an Agreement (Hold Harmless Agreement) with Pulte Home
Corporation and the Plums Master Association, Inc., for the wall in the Plum Bay Project
(attached hereto as "Exhibit 2") located on the northeast corner of Nob Hill Road and
Commercial Boulevard.
SECTION 3: That the City Clerk is hereby authorized and directed to
record said agreement in the public records of Broward County.
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Temp. Reso.#7637 December 9, 1996 3
SECTION 4i All resolutions or parts of resolutions in conflict herewith are
hereby repealed to the extent of such conflict.
s9EQIIQN a! 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 /Z day of
1997.
ATTEST:
CAROL A. EVANS, CMC
CITY CLERK
I HERE Y CERTIFY that I have
appro a this RESOLUTION as
to for- n.
MITCHELL
CITY ATTORNEL
Utilities:dav/aml
'74, 2p, L
LARWY MISHKIN
VICE MAYOR
RECORD OF COMMISSION VOTE
MAYOR
DIST
DIST
DIST
DIST
THIS INSTRUMENT PREPARED BY:
RECORD AND RETURN TO:
FRANK A. UTSET, ESQUIRE
Goldberg & Young, P. A.
1630 North Federal Highway
Fort Lauderdale, Florida 33305
AC:RVVMVNT
THIS AGREEMENT is made this sitar day of Hl v-a 1
199(:e , by Pulte Home Corporation, a Michigan corporation
(hereinafter referred to as "Developer"), The Plums Master
Association, Inc., a Florida corporation not -for -profit
(hereinafter referred to as "Association"), and the City of
Tamarac, a Municipal Corporation (hereinafter referred to as
"City").
40 R E C I T A L S:
WHEREAS, Developer is developing a residential community
located in the City of Tamarac (hereinafter referred to as "The
Plums"), more particularly described on Exhibit "A" attached hereto
and made a part hereof;
WHEREAS, Developer has subjected the residential community to
a Master Declaration of Covenants, Restrictions and Easements for
The Plums dated February 23, 1994, and recorded February 28, 1994,
in Official Records Book 21808, Page 0001, of the Public Records of
Broward County, Florida (hereinafter referred to as "Declaration");
WHEREAS, Developer and Association desire to construct,
install, erect and maintain a wall and landscaping along the
western boundary of The PLUMS (hereinafter "Wall"), upon and across
the City's utility easement (hereinafter referred to as "Utility
Easement"), more particularly described on Exhibit "B" attached
hereto and made a part hereof;
WHEREAS, Association shall hold the City harmless from any
costs or obligation to restore the Wall placed upon and across the
Utility Easement caused as a result of any repair or maintenance to
the Utility Easement.
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NOW, THEREFORE, in consideration of ten and 00/100 dollars
($10.00), and other good and valuable consideration, including, but
• not limited to, the issuance of permits for the construction and
installation of a Wall upon and across the Utility Easement, the
parties hereto agree as follows:
1. The above Recitals are true and correct and are
incorporated herein.
2. The City acknowledges that Association pursuant to the
Declaration has the responsibility to operate, administer, maintain
and repair the Master Common Properties, (as that term is defined
in the Declaration), including, but not limited to the Wall, and
enforcing the provisions of the Declaration.
3. The City, Developer and Association agree that after the
initial installation of the Wall upon and across the Utility
Easement, the Developer shall be relieved of all obligations under
this Covenant and the Association shall be solely responsible for
all maintenance and other obligations contained in this Covenant
thereafter.
4. The City shall take precautions and use its best efforts
to prevent any damage to the Wall, during its performance of any
inspections, repairs or maintenance to the Utility Easement.
5. The Association shall hold the City of Tamarac harmless
from any cost or obligation to restore the Wall caused as a result
of inspections, repair or maintenance to the Utility Easement.
6. Association, at its sole expense, shall remove the wall,
from time to time, when requested to do so by the City.
7. Pulte shall place a plaque on the wall which shall state
the following: This structure may be ordered removed by the City
of Tamarac at no cost to the City of Tamarac should its removal
become necessary to repair any utility line. The cost of removal
shall be borne by The Plums Master Association, Inc., a Florida
corporation not -for -profit, its successors and/or assigns".
8. This Agreement shall run with the land and bind the
parties hereto, their heirs, successors and assigns and subsequent
owners of the aforesaid described real estate.
The Association joins in,this Covenant to acknowledge the
contents hereof and its obligations contained herein.
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.IN WITNESS WHEREOF, the parties hereto have made and executed
this Agreement on the respective dates under each signature. CITY
OF TAMARAC, through its City Manager signing by and through the
City Council, PULTE HOME CORPORATION, signing by and through
IlAhll ,L, 1& 7dil duly authorized to execute same and
THE P UMS MASTER ASSOCIATION, signing by and through STEVEN C.
REEGER, duly authorized to execute same.
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ATTEST
By:
Carol A. Evans
City Clerk
STATE OF FLORIDA )
) SS:
COUNTY OF BROWARD )
CITY OF T ARAC,'jFFLORIDA
By:
Vice Mayor L rrv-Mishkin
Date: February- 1 2 . 1 997
By: r�
Robert S. Noe, Jr.
City Manager
Date: FPhruary 12. /199.Z..
Approved as to o
I Mitchell S Kr6ft
City Attorney
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 Lary- Mishkin , Vice
to me
known to be the person(g) described in and who executed the
foregoing instrument and they___ acknowledged before me and under
oath that __the_y executed the same.
WITNESS my hand and official seal this __U day of r ar ,
19 97 .
Pqy P1,49 0 IC
I
A
LIPHYNPOUKOFF,FAL
2 r n COMMISSION NUMBER
Q C N SSIO 2
0 MY COMI�SSION EXP.
�4e0 F4d4 SIEPT 231998
( X )
Personally known to me,
Produced identification
�o
O� i ,�.
NOTARY PUBLIC, :f - of Florida
(Name of Notary Public;
Print, Stamp, or Type as
Commissioned)
or
Type of I.D. Produced
DID take an oath, or ( X ) DID NOT take an oath.
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DEVELOPER
PULTE HOME CORPO TION, a Michigan
corporation
TIMO HY l HERNA
Authorized Signatory
Address:
1350 E. Newport Center Dr.
Suite 200
Deerfield Beach, FL 33442
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 TIMOTHY L. HERNANDEZ, as
Authorized Signatory, to me known to be the person described in and
who executed the foregoing instrument and they acknowledged before
me and under oath that they executed the same on behalf of the
Corporation.
WITNESS my hand and
192L.
�pJly P& OFFICIAL NOTARY Si AL
DE'SOP,GAN D CALTON
COFASlti�vlO1'd PiL'+tle� R
CC3030 8
OF Fvo
MY COVMSSION EXP.
SEPT 4 1998
offic'al seal thistay of t�NOTARY PUBLIC, State of Florida
at Large
(Name of Notary -Public;
Print, Stamp, or Type as
Commissioned)
( /) Personally known to me, or
( ) Produced identification
Type of I.D. Produced
( ) DID take an oath, or ( v ) DID NOT take an oath.
4
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ASSOCIATION
THE PLUMS MASTER ASSOCIATION, INC.,
a Florida corpora ion, t-for-profit
`5TEVEN C. EEGE , Pre nt
Address:
c/o Community Association Services,
Inc.
951 Broken Sound Parkway
Suite 250
Boca Raton, FL 33487
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 STEVEN C. REEGER, to me
known to be the person described in and who executed the foregoing
instrument and he acknowledged before me and under oath that he
executed the same on behalf of the Corporation.
WITNESS my hand and official seal this day of ,
19.
NOTARY PUBLIC, State of Florida
aY pv OFFICIAL 0--cy ARY Y,t�AL at Large
2 $'� DE OPAN 0 OALTON
* * COHE+IMMN Pf7l USIR
7'� �Q MY COMMSSION UP.
OF Fop SEPT 4 9998
Nly. - h 1) 1
(Name of Notary Public;
Print, Stamp, or Type as
Commissioned)
Personally known to me, or
Produced identification
Type of T.D. Produced
DID take an oath, or ( v ) DID NOT take an oath.
fau\contract\tamarac.3
cmd112096.6
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EXHIBIT "A"
THE PLUMS
All of Land Section 81 according to the Plat thereof,
recorded in Plat Book 154, Page 48, of the Public Records
of Broward County, Florida.
THIS
SITE
LAND DESCRIPTION
LAND SECTION 8
A portion of LAND SECTIONS. according to the plat thereof.
as recorded In Plat Back 154. Page 48 of Inc public records
of Braward County, Florlda, being more particularly
described as follows:
BEGINNING At The Northwest corner of said plat:
THENCE North 89'38'02' East along the North boundary of said
plat A distance of 10.93 feet:
THENCE South 45'43'53' East, 5.83 feet:
THENCE South O1'24'48' East. 103.08 feet:
THENCE South 68.48'17' East, a distance of 113.78 feet to a
point an the are of a non -tangent curve concave to the
Southeast (a radial line through said point bears North
89.01'16' West).
THENCE Southeasterly. along the arc of said curve having a
radius of 40.00 feet, a delta of 25.53'051, and an are
distance of 18.07 feet to an Intersection with 4 non -tangent
line;
THENCE North 68.48'17' Nest. a distance of 133.58 feet to a
Point of Intersection with the West boundary of said 'Land
Section a%
THENCE North 01'24'48' West along said West boundary, a
distance of 1i7.45 feet to the POINT OF BEGINNING:
Said Lands Iyylnq In the Clty at Tatarac. Braward CourtlyContalning 35i9 square feet, acre or less.
REVISION
CRAIG A. SMITH & ASSOCIATES
CONSULTING ENGINEERS -PLANNERS -SURVEYORS
1000 WEST MC NAB ROAD
Co'
s
OMPANO BEACH, FLORIDA. 33069
(3051782-8222
CERT. NO. LB0003110
EXHIBIT "B"
Page i of 2
SURVEYOR'S NOTES:
i. REPRODUCTIONS OF THIS SKETCH ARE NOT VALID
UNLESS SEALED WITH AN EMBOSSED SURVEYOR'S SEAL.
2. LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR
RIGHTS -OF -WAY. EASEMENTS, OWNERSHIP, OR OTHER
INSTRUMENTS OF RECORD.
3. BEARINGS SHOWN HEREON ARE RELATIVE TO THE
FLORIDA COORDINATE SYSTEM EAST ZONE, GRID NORTH.
TRANSVERSE MERCATOR PROJECTION (STONER/KEITH
RESURVEY AS RECORDED IN MISCELLANEOUS PLAT BOOK
3. PAGE 44. OF THE PUBLIC RECORDS OF BROWARO
COUNTY. FLORIDA) BASED ON THE NORTH LINE OF 'LAND
SECTION 8'. BEARING N. 89' 36' 02' E.
4. THIS NOT A BOUNDARY SURVEY.
5. THIS IS A SPECIFIC PURPOSES SURVEY OF A SKETCH
AND DESCRIPTION OF A UTILITY EASEMENT.
SURVEYOR'S CERTIFICATE:
ME HEREBY CERTIFY THAT THE ATTACHED 'SPECIFIC PURPOSE
SURVEY' (UTILITY EASEMENT. LOTS 44 t 45, LAND SECTION
81. OF THE HEREON DESCRIBED PROPERTY IS TRUE AND CORRECT.
ME FURTHER CERTIFY THAT THIS SURVEY MEETS THE MINIMUM
TECHNICAL STANDARDS FOR SURVEYING IN THE STATE OF
FLORIDA ACCORDING 10 CHAPTER 6107-6 OF THE FLORIDA
ADMINISTRATIVE CODE. SUBJECT TO THE QUALIFICATIONS
SHOWN HEREON.
FOR THE FIRM, BY:- ? Kz
OERICK E. CONROD, I 1
PROFESSIONAL LAND SURVEYOR
FLORIDA CERTIFICATION NO. 2816 t 10
SKETCH & DESCRIPTION
LAND SECTION 8
UTILITY EASEMENT
LOTS 44 & 45
CAD FILE: 1529EiO SCALE:
NAME: DATE: N/A
DRAWN: K. BECK 8/04/94 PROJECT NO.
CHECKED: MSC 8/04/94 92-1529
FIELDWORK:
FIELDBOOK PG. SHEET i OF 2
C�
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P. 0. B. - N. W.
CORNER "LAND
SECTION 8"
P. B. 154. P. G.
48, B. C. R.
D
O
Q
aco
v co
Z U z
m Ln
N8gp36.OZ'f g3. N.
S. 8353'E LAND S cTjONY6
s Ty
Ur EA ?1 ATSEMENT
0
LOT 45
LOT 46
LEGEND
EXHlBIT "B"
Page 2 0 2
SCALE. 1• • 20'
B.C.A. BROMARD COUNTY •RECORDS
F. B. FIELD BOOK
O.R.B. OFFICIAL RECORDS BOOK
P.O. PLAT BOOK
PG. PAGE
P.O.C. POINT OF COMMENCEMENT
P.O. B. POINT OF BEGINNING
SO. FT. SQUARE FEET
r h
1•
I
so
1 I
-e V4ii
lu
Sg. Nt Q
oq
b I cn c�i LOT 44 ~ C9
jLr. 1 0 NB9'01 IS.
� I a r 1RAOIjL)�
4 40, 00,
A-1B.07,05.
1
E-10
(REVISION
L;HA I G A. SM I TH & ASSOC I ATES CAD FILE:
CONSULTING ENGINEERS -PLANNERS -SURVEYORS
1000 NEST MC NAB ROAD DRAWN:
cons,
OMPANO BEACH, FLORIDA, 33069 CHECKED:
I305)782-8222 FIELDWORK
CERT. NO. LB0003110 1171ELDBOOK
SKETCH & DESCRIPTION
LAND SECTION 8
UTILITY EASEMENT
LOTS 44 & 45
1529EtO SCALE:
NAME: I DATE: V - 20'
K. BECK 8/04/94 PROJECt No,
MSC B/04/94 92-1.529
PG. ISHEET 2 OF