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HomeMy WebLinkAboutCity of Tamarac Resolution R-87-297Temp. Reso. #4751 1 2 3 4 5 9 7 8 9 10 13 14 15 16 17 17 20 21 22 23 24 25 26 27 28 29 32 33 34 35 36 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-87-az2y A RESOLUTION OF THE CITY OF TAMARAC ADOPTING A FORMAT FOR HOLD HARMLESS AGREEMENTS WITH THOSE SEEKING A CERTIFICATE OF OCCUPANCY, BUILDING PERMIT OR OCCUPATIONAL LICENSE FROM THE CITY, AND AUTHORIZING DEPARTMENT HEADS TO ENTER INTO SUCH AGREEMENTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEALER, PROVID- ING FOR AN EFFECTIVE DATE. WHEREAS, Broward County Ordinance 84-60, as same may be amended from time to time, requires those seeking to operate within certain wellfield zones, and using certain chemicals, to obtain a Broward county Wellfield Protection Permit; and WHEREAS, the City finds it desirable to require proof that a well field protection permit has been obtained prior to issuing a certificate of occupancy, building permit or occupational license or to receive a sworn statement to the effect that such a permit is not required; and WHEREAS, the City has determined that in order to protect the health, safety and welfare of the citizens of the City of Tamarac, that any individual seeking a certificate of occupancy, building permit or occupational license within the City shall be required to hold harmless and indemnify the City should a violation of Broward County Ordinance 84-60, or Broward County Resolution 84-2025, as same may be amended from time to time, occur. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF TAMARAC, FLORIDA: SECTION I : That prior to issuing a certificate of occupancy, building permit or occupational license or such other similar type license, permit or certificate, each individual seeking same, whether it be in a corporate capacity or otherwise, must execute that hold harmless agreement affixed hereto as Exhibit "A". SECTION 2 : All resolutions or parts of resolutions in conflict herewith, be and the same, are hereby repealed to the extent of such conflicts. -1- 1 2 3 4 5 b 7 8 9 12 13 14 15 16 17 20 21 22 23 24 25 26 27 28 Pal 70 32 33 34 35 36 SECTION 3 Should any section or provision of this resolution, or any portion thereof, or any paragraph, sentence or word be declared by a Court of competent juris- diction to be invalid, such decision shall not affect the validity of the remainder hereof, as a whole or a part hereof, other than the part declared to be invalid. SECTION 4 This Resolution shall become effective immediately upon its passage. PASSED, ADOPTED AND APPROVED this � ay of ✓, 1987. ATTEST: CAROL E. BARBUTO CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. RICHARD M. REDNOR ACTING CITY ATTORNEY r ER ARD HART MAYOR MAYOR: HART DIST. 1: C/M ROHR DIST. 2: C/M STELZER � - DIST. 3: C/M HOFFMAN DIST. 4: V/M STEIN -2- ll '� EXHIBIT "A" Page 1 of 2 i HOLD HARMLESS AGREEMENT STATE OF FLORIDA COUNTY OF BROWARD Before me, the undersigned authority, personally appeared who being by me first duly sworn, says, promises and agrees: on this day of 198, I of (Name of Applicant, including Corporate Name and Corporate Officer) am applying to the City of Tamarac for a certificate of occupancy 01 building permit 0, occupational licenser, other 01 (if other please describe) for a located at (Legal Description) (hereinafter "the property"). I have been notified that the • property is located within Zone of Influence , as said term is defined within Broward County Ordinance 84-60, as same may be amended, and El that pursuant to Broward County,Ordinance 84- 60, as same may be amended from time to time, that I am required to obtain a photocopy of same to this application as Exhibit "A", and will provide the City of Tamarac with a photocopy of each wellfield protection permit obtained annually for the property. Or Ej I swear that I an not required to obtain a broward County wellfield protection permit pursuant to the terms of Broward County Ordinance 84-60, as same may be amended from time to time, and Broward County Resolution 84-2025, as same may be amended from time to time. In return for the City's granting of a I hereby agree to the above, and agree to hold harmless and indemnify the City of Tamarac should a violation of Broward County Ordinance 84-60, as same may be amended, or Broward County Resolution 84-2025, as same may be amended, occur on the property for so long as I shall own or have a leasehold interest in -1- Page 2 of 2 P055 0 0 0 same, and should said violation result in any manner of loss to the City of Tamarac, and in particular in pollution of the City of Tamarac's water supply. If this is a corporate entity which is seeking a from the City of Tamarac, then a copy of the corporate resolution authorizing my signature upon this document on behalf of the corporation is attached hereto as Exhibit "B". As the City of Tamarac has granted a to me based on that offer set forth herein, and as the City has relied upon same, I agree that this document shall not be revoked or amended without written consent of the City of Tamarac. WITNESS WITNESS By: (If applicant is a corporation then individual must also sign as a Guarantor) Signed, sealed and delivered GUARANTOR in the presence of: WITNESS WITNESS By: -2-