HomeMy WebLinkAboutCity of Tamarac Resolution R-88-3171
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Temp. Reso. #5239
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-88- 0
A RESOLUTION ACCEPTING A HOLD HARMLESS
AGREEMENT FROM FINA OIL AND CHEMICAL
COMPANY FOR THE FINA SERVICE STATION
LOCATED AT 2401 WEST COMMERCIAL BOULEVARD;
AND PROVIDING AN EFFECTIVE DATE.
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TAMARAC,
FLORIDA:
SECTION 1: That the appropriate City officials accept a
Hold Harmless Agreement with Fina Oil and Chemical Company
for the Fina Service Station located at 2401 West Commercial
Boulevard, a copy of said agreement being attached hereto as
"Exhibit 111.
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" day Of 1988.
ATTEST:
NORMAN ABRAMOWITZ
MAYOR
PATRICIA MARCURIO -.-
ACTING CITY CLERK
I HEREBY CERTIFY that I have
approved this RESOLUTION as to
form.
RICHARD DOODY
CITY ATTORNEY
RECORD OF COUNCIL VOTE
MAYOR
ABRAMOWITZ
DISTRICT 1:
C/M ROHR
DISTRICT 2: _
V/M STELZER
DISTRICT 3:
C/M HOFFMAN
DISTRICT 4:
C/M BENDER
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4 HOLD HARMLESS AGREEMENT
FOR: FINASERVE STATION
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THIS AGREEMENT is entered into this r7'3 day of1988
between FINA OIL AND CHEMICAL COMPANY, a Delaware corporation,
hereinafter referred to as "FINA", and the CITY OF TAMARAC,
FLORIDA, a municipality, hereinafter referred to as "TAMARAC".
W I T N E S S E T H
WHEREAS, FINA 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 reference;
WHEREAS, FINA is drilling three (3) monitoring wells on
said property within the Right Of Way recorded in Plat Book 61,
Page 8;
. WHEREAS, TAMARAC ,requires that FINA 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. FINA 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. FINA shall restore paving and
landscaping as required and approved by TAMARAC whose approval
of the restoration work shall not be unreasonably withheld.
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2. FINA 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. FINA 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 amend-
ment shall be binding unless reduced to writing and executed by
both parties hereto.
5. This Agreement shall run with the land and bind FINA,
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.
WITNESSES:
La
FINA OIL AND CHEMICAL COMPANY
Post Office Box 2159
Dallas, Texas 75221
BYNdZ/
'
Stuart M. Pearman
Vice President, Marketing r
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ATTEST:
Jo P. Ke y, ity Manager
ATTEST:
CITY OF TAMARAC, FLORIDA
5811 NW 88th Avenue
Tamarac, Florida 33321
By:
No man ramowitz, Mayor
Carol A. Evans, city A4 rk C#Jon
Date :
y Manager
I HEREBY CERTIFY that I have approved the form and correctness
of this document.
Richard Doody, Cit ttorney
STATE OF TEXAS,
COUNTY OF DALLAS, ss:
• BE IT REMEMBERED, that on this day of ,
1988, before me, the subscriber, a Notary Public in and for
said County, personally came the above named FINA OIL AND
CHEMICAL COMPANY, by , 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 official seal on the day and year last aforesaid.
My Commission Expires:
.3p_ Q,
Notary Public, State of Texas
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STATE OF FLORIDA, •
COUNTY OF BROWARD, ss:
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BE IT REMEMBERED, that on this day of.�T,tlu� ,
1988, before me, the subscriber, a Notary Public in and for
said County, personally came the above named CITY OF TAMARAC,
FLORIDA, by /r-���rx�,�(z,a,_fX ter•% , its Authorized
Agents, and who acknowledged the signing of the same to be h4-s.
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.
My Commission Expires:
NOTARY PUBLIC STATE OF FLORIDA
NY COXIIJOSiON EXP SEPT 17,1990
Notary Public, State of Florida
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EXISIT A
$HEST / �' 2
LOCATION:
FINA SERVICE STATION LOCATED AT 2491 W. COMMERCIAL BLVD..
SUBDIVISION OF SECTION 17., TOWNSHIP 42 EAST, RANGE 49 SOUTH,
AS RECORDED IN PLATT BOOK 61, PAGE 8, OF THE PUBLIC RECORDS
OF BROWARD COUNTY, FLORIDA.
MONITORING WELL 16 WILL BE LOCATED EAST OF FINA SERVICE
STATION ON NW 25TH AVE, MONITORING WELLS 17 AND 18 WILL
BE LOCATED TO THE NORTH WITHIN THE CENTER MEDIAN OF NW
51ST ST.. EACH WELL WILL BE STRATEGICALLY PLACED AS TO
NOT INTERFERE WITH UNDERGROUND UTILITIES (SEE ENCLOSED
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