HomeMy WebLinkAboutCity of Tamarac Resolution R-89-1812
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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
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SITE LOCATION
2400 N.V. 53RD STREET
TAHARAC FLORIDA
STM FIGURE 1
Krimr1S1 41,
0
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