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HomeMy WebLinkAboutCity of Tamarac Resolution R-89-1812 21 22 23 24 25 Vii Temp. Reso. #5472 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-89- L_`_:_(_ A RESOLUTION AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE A HOLD HARMLESS AGREEMENT WITH STORAGE TANK MANAGEMENT ASSOCIATES, INC., FOR DRILLING TWO (2) MONITORING WELLS ON THE FORMER TEXACO PROPERTY AT PROSPECT FIELD ROAD AND NORTHWEST 53 STREET, TAMARAC; AND PROVIDNG AN EFFECTIVE DATE. BE IT RESOLVED BY THE COUNCIL OF THF, CITY OF TAMARAC, FLORIDA: SECTION 1: That the appropriate City officials are hereby authorized to execute a Hold Harmless Agreement with Storage Tank Management Associates, Inc. for drilling two (2) monitoring wells on the former Texaco property at Prospect Field Road and Northwest 53 Street, Tamarac, a copy of said agreement being attached hereto as "Exhibit 1". SECTION 2: That the City Clerk is hereby authorized and directed to record said agreement in the public records of Broward County, Florida. SECTION 3: This Resolution shall become effective upon adoption. PASSED, ADOPTED AND APPROVED this Z9 day of9""'- 1989. NORMAN ABRAMOWTTZ MAYOR ATTEST: CAROL A.! TV—) CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. C RICHARD DOODY U CITY ATTORNEY RECORD OF CUUNCII. VOTE MAYOR ABRAMOWITZ DISTRICT 1: C/M_R HR—.. DISTRICT 2: C M STELZE DISTRICT 3: C/M HQFFMAN DISTRICT 4: V/M 8ENDER HOLD HARMLESS AGREEMENT FOR: MC O PROS pEcr •� 5 3,ed S THIS AGREEMENT is entered into this 30 day of JV 1989 between . STORAGE TANK MANAGEMENT ASSOCIATES, INC., a Florida corporation, hereinafter referred to as "STM", and the CITY OF TAMARAC, FLORIDA, a municipality, hereinafter referred to as "TAMARAC". W I T N E 8 S E T H WHEREAS, STM will be installing wells in the City of Tamarac, County of Broward and State of Florida, described in Exhibit A attached hereto and incorporated herein by referenced; WHEREAS, STM is drilling two (2) monitoring wells on said property within the Right of Way recorded in Plat Book b3, Page,-; WHEREAS, TAMARAC requires that STM hold TAMARAC harmless against any expense or damage during and after the installation of monitoring wells until the monitoring wells are removed and area restored; NOW, THEREFORE, in consideration of the premises and the mutual • covenants herein contained, the parties hereto agree as follows: - ' 1. STM shall remove the monitoring wells at such time as required to do so by TAMARAC or any lawful titleholder upon thirty (30) days written notice. STM shall restore paving and landscaping as required and approved by TAMARAC whose approval of the restoration work shall not be unreasonably withheld. 2. STM shall hold TAMARAC harmless from and indemnify TAMARAC against all claims, liabilities and expenses arising from the aforesaid encroachments, including the expense of removing and relocating the wells. This indemnification shall cease upon restoration of the area after removal of the wells 3. STM shall place a well cover identifying each well as a monitoring well and designate each by number. 4. This Agreement contains the entire Agreement between the parties relating to the subject matter hereof No amendment shall be binding unless reduced to writing and executed by both parties hereto. 5. This Agreement shall run with the land and bind STM, its agents, successors and assigns, until such time as the monitoring wells are removed. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first set forth above. STORAGE TANK MANAGEMENT ASSOCIATES, INC. 331 N. RIDGEWOOD AVE. DAYTONA BEACH, FLORIDA 32014 WITNESSES: By: DEAY C. HATCH PRESIDENT - c E 9 ATTEST: 0 CAROL A. EVANS, CITY CLERK CITY OF TAMARAC, FLORIDA 5811 NW 88TH AVENUE TAMARAC, FLORIDA 33321 Y By:.1 WOMAN ABRAMOWITZ, MAY Et HN KELLY CI Y GER a I HEREBY CERTIFY that I have approved the form and correctness of this document. �►Lln RICHARD DOODY, CITY ATVORNEY STATE OF FLORIDA, COUNTY OF VOLUSIA, ss: BE IT REMEMBERED, that on this 2,� day of , 1981 before me, the subscriber, a Notary Public in and for said County; personally came the above named STORAGE TANK MANAGEMENT ASSOCIATES, INC., c, l� , its Authorized Agent, and who acknowledged the signing of the same to be his voluntary act and deed for the uses and purposes therein set forth. IN TESTIMONY WHEREOF, I have hereto subscribed my name and affixed my offical seal on the day and year last aforesaid. My_Commission Expires: 4 NOTARY PUBLIC STATE OF FLORIDAz&vt,�X-� NY COMMISSION EXP JUNE 26.19AI EO THRU GENERAL INS. UND. NoEdry Public, State of Florida 0 STATE OF FLORIDA, COUNTY OF BROWARD, ss: BE IT REMEMBERED, that on this t O day of , 1989, . before me, the subscriber, a Notary Public in and for said County, personally came the above named CITY OF TAMARAC, FLORIDA, by � is Authorized Agents, and who acknowledged the signing of the same to be their voluntary act and deed for the uses and purposes therein set forth. IN TESTIMONY WHEREOF, I have hereto subscribed my name and affixed my official seal on the day and year last aforesaid. WTART PUBLIC STATE OF FLORIDA NY CONNISSION EXP SEPT 17,1M 0 • Notary Public, State of Florida 11 SITE LOCATION 2400 N.V. 53RD STREET TAHARAC FLORIDA STM FIGURE 1 Krimr1S1 41, 0 1rl---------- I11 � i ru III � .. t ' 1J �. .•� �!._ w9 ,�' -_ ---- � �~'� .. L.-_ .. tip\ �3T I I— M N Ir i t w 11 I Yi 1 T I I . ..._•_ __ I' _.... i I 1 I I i •�� 1 I , i r�r , - •. � t � l a MN r 1 hu IQ ,w r al I If J I r I 11 L.. I � I I ,S W 1 r t. 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