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HomeMy WebLinkAboutCity of Tamarac Resolution R-83-062Introduced by V M_MASSARO Temp. 1,12651 1 2 3 4 5 7 8, 9 10 11 12 13 14 15 16 17 20 21 22 23 24 25 26 27 28 29 0 k i 32 33 34 35 36 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-83-4� A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH FLORIDA POWER & LIGI3T COI',IPANY GRANTING CITY USE OF THEIR EASE- MENT ALONG SOUTIIGATE BOULEVARD AND PERIMETER ROAD; AND,PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: That the appropriate City officials are hereby authorized to execute an Agreement with Florida Power & Light Company granting City use of their easement along Southgate Boulevard and Perimeter 'toad, a copy of said Agreement being attached hereto as Exhibit "A".. SECTION 2: This Resolution shall become effective upon adoption. PASSED, ADOPTED AND APPROVED this&3 day of �%%Q.L 1983. ATTEST: Q " CITY CLERK r I HEREBY CERTIFY that I have approved the form and correct- ness of this Resdlution. CITY TOR -�� ►I: I.1 RECORD OF COUNCIL VOTE MAYOR: DISTRICT 1: VC.0 DISTRICT 2: DISTRICT 3: DISTRICT 4. AGREEMENT THIS AGREEMENT is made this o?3t:,*/ day of �% , 19 P-3 , by and between FLORIDA POWER & LIGHT COMPANY, a Florida corporation, and its assigns, whose address is P.O. Bo, 013100, Miami, Florida 33101 (hereinafter referred to as "the Company") and City of Tazrkvrac whose address is 5811 17. V". 88 Avenue, T vexac, Florida (hereinafter referred to as "Licensee"). WITNESSETH WHEREAS, the Company is the owner and holder of an easement(s), as granted in that cer- O.R. gaol: 4122, page 790; O.R. 'hook 4678, Page 714; tain Agreement recorded in and Final J ilaa-ent dated ')ecorber 9, 1970;Y all ac=' -ding tothe Public Records of 'f'xv..-card County, Florida; and WHEREAS, the Licensee is the b permittee of the owner, of the lands covered by said easement(s); and WHEREAS, the Licensee has applied to the Company for its consent to Licensee's proposed activities consisting of construction, operation & maintenance of sod farri and for no other purpose upon, across, on, over, and in a portion of the lands covered by the Com- pany's easement, said portion being more particularly described as: N11 fret part of Sectione 31, Rwk 32 and *k&A*xQfb8wU=33, 48 South, Pane 41 Fast, 11ring 5buth of and wie-in 180 feet of. the Soot, right-of-�wey line of the C-14 ^anal; toclether with the Vest 180 feet of Section E, llrm-nshir 49 5outh, "arx;c 41 past and torTether with the West 180 feet of 'irs. 13, 14, 15, 1E, 23 & 24 acaordinq to the plat of Florida Fruit Lands rb. Subdivision 02 of Section 7, 'rMmship 49 £south, Range 41 rast, as recorded in Flat rbok 1 at Pale 102 of the Pur,lic Recox-As of Pal*r Peach County, rlorirla; said 1 s situate, lying W beinry in rtoward Crxmty, F'loriAa. Also all that part of Sections 5 and 6, Township 49 South, R ge 41 East, lying South of and within 180 feet of the South right-of-way line of the C-14 Canal; said lands situate, lying and being in Froward County, Florida. WHEREAS, the Company is unwilling to give such consent unless the Licensee agrees to cer- tain conditions regarding Licensee's use of the above described lands; and agrees to indemnify and save the Company harmless from all liability regarding said use; and agrees to certain other terms, conditions and convenants; and all of the foregoing being more specifically hereinafter set forth; and WHEREAS, the Licensee desires to enter into the aforementioned agreements in order to induce the Company to grant its consent to Licensee's proposed activities; NOW, THEREFORE, in consideration of the aforesaid premises, for the purpose of inducing the Company to grant its consent to the Licensee's proposed activities, and for other good and valuable considerations, the receipt and adequacy of which is hereby acknowledged, the parties hereby agree as follows: 1. The Company does hereby consent to the use of the above described land by the Licensee, and no others, for the herein described purpose, and for no other purpose. 2. The Licensee understands and agrees that the use of the land under this Agreement is subor- dinate to the rights and interest of the Company in the above described lands and that the Company reserves the right to enter upon the lands at all times for its purposes. The Licensee agrees to notify its employees, agents, and contractors accordingly. The Licensee further understands and agrees that the Company and its contractors will not be responsible or liable for any damages or loss to the Licensee resulting from the Company's use of said lands for such purposes. FORM 3740 REV. 1178 3. The Licensee agrees that it will not use the land in any manner which, in the opinion of the Company, may tend to interfere with the Company's use of the land or may tend to cause a haz- ardous condition to exist. The Licensee agrees that in the event it should create a hazardous condi- tion or situation which shall restrict, impair, interfere, or hinder the use of the land by the Com- pany or the exercise by the Company of any of its rights, then upon notification by the Company, the Licensee shall, within seventy-two (72) hours, at its sole cost and expense, correct such condi- tion or situation; provided however that the Company retains the right to enter upon the lands and correct any such condition or situation at any time, and, by its execution hereof, the Licensee here- by agrees to reimburse the Company for all of its costs and expense incurred in connection there- with upon demand. 4. The Licensee understands and agrees that the electrical facilities and appurtenances installed by the Company, or to be installed upon, across, under, on or over the above described lands are of high voltage electricity. Therefore, the Licensee agrees that the use by it, its employees, agents, invitees and contractors, of all precautions and safety measures are mandatory and will be required when working under or near the facilities of the Company so as to minimize danger and prevent injury to each and all of the employees, agents, invitees, contractors or representatives of the Licen- see, the Company, and the property or persons of any third party. 5. The Licensee agrees to obtain, at its sole cost and expense, any and all applicable federal, state and local permits required in connection with the use contemplated herein, or with the main- tenance of same, and the Licensee further agrees, at all times, to comply with all requirements of all federal, state and local laws, ordinances, rules and regulations applicable or pertaining to the use of the above described lands by the Licensee as contemplated herein. 6. The Licensee agrees to use no equipment on the above described lands that is capable of extending more than fourteen (14) feet above existing elevation and further agrees that no dyna- mite or other explosives shall be used within the lands and that no alteration of the existing terrain, including the use described herein, shall be made which will result in preventing the Company access to its facilities located within said lands. 7. Unless otherwise provided herein, the Licensee agrees that the use of the land described herein will be accomplished in such a manner as to provide a fifty -foot wide set back from each of the Company's structures and appurtenances as shown on drawing, dated Sept. , 1992 marked Exhibit "A", attached hereto and by this reference made a part hereof. B. Licensee agrees, at all times, to maintain and keep clean of debris the area of the Compa- ny's easement(s) described herein. 9. The Licensee understands and agrees that certain uses of the lands herein described is specifi- cally prohibited. These prohibited uses include but are not limited to recreational, hunting and camping and the Licensee agrees to notify its employees, agents, contractors, invitees and the public accordingly. 10. The Licensee agrees it will exercise its privileges hereunder at its own sole risk and agrees to indemnify and save harmless the Company from all liability, loss, cost, and expense, including attorneys' fees (including such fees for pretrial, trial, or appellate matters) which may be sustained by the Company to any person, natural or artificial, by reason of the death of or injury to any person or damage to any property whether or not due to or caused by negligent acts of the Compa- ny, its agents or employees, arising out of or in connection with the herein described purposes by the Licensee, its contractors, agents, or employees; and the Licensee agrees to defend at its sole cost and expense and at no cost and expense to the Company any and all suits or action instituted against the Company for the imposition of such liability, loss, cost and expense. 11. The Licensee shall during the period of this Agreement , furnish complete Certificate of Insur- ance (Florida Power & Light Company Form 1364A), attached hereto and, by this reference, made a part hereof, and marked Exhibit "B". Said certificate shall provide for at least ten days written notice to the Company prior to cancellation and shall provide for the following coverage: Bodily Injury Property Damage Owners', Landlords' and Tenants' Liability Comprehensive General Liability Farmers Comprehensive Personal Liability Excess or Personal Excess Liability Homeowners Comprehensive Personal Liability Other (Please specify type) E� $ 300, 000 Each Occurrence $ Each Occurrence $ 25,000 �1 1 Each Occurren 11 Each Occurrence Each Occurrence — Combined Single Limit Each Occurrence — Combined Single Limit Each Occurrence — Combined Single Limit Each Occurrence — Combined Single Limit —2— I Ll Said insurance shall be maintained by the Licensee, and it being understood and agreed that the use of the land for the purposes described herein is expressly contingent upon such insurance being fur- nished and maintained. 12. All notices required to be given in connection with this Agreement shall be deemed to have been properly given if mailed by registered or certified mail or personally delivered to the respective parties at the addresses shown above. Said addresses may be changed from time to time by either party giving notice to the other, mailed or delivered as aforesaid, of the location and mailing address of the place at which notice is thereafter to be mailed or delivered. 13. This Agreement will become effective upon execution by the parties and the furnishing of insurance as herein specified by the Licensee and will remain in full force and effect until comple- tion of the Licensee's specific use of the lands for the herein described purposes unless earlier terminated upon Sixty ( 60) days notice by the Company to the Licensee or at the option of the Company immediately upon the Licensee failing to comply with or to abide by any and all the provisions contained herein. 14. The Term "Licensee" shall be construed as embracing such number and gender as the character of the party or parties require(s) and the obligation contained herein shall be absolute and primary and shall be complete and binding as to each, upon this Agreement being executed by Licensee and subject to no conditions precedent or otherwise. SPECIAL CLAUSES: 15. The Licensee will apply digested domestic sludge only in designated areas described as "pods" and conceptualized in Exhibit "A", attached hereto, for the purpose of growth of grass cover which will be maintained at a 12-inch maxii= height. The sludge will be applied in a pmVed spray from a tank truck. The spray will be horizontal or downward with the maxinnam spray height to be ten (10) feet. 16. The Licensee shall maintain dust control on the Ccuipany's right- of-way by watering the patrol road and the space between the pod areas and around the Company's structures, such space being further described in Exhibit "A", attached hereto. Any spray of water will be horizontal or downward with the maximum spray height to be ten (10) feet. IN WITNESS WHEREOF the parties hereto have caused this instrument to be executed and have set their hands and seals this 2 day of November 19 82 . Signed, sealed, and delivered FLORIDA POWER & LIGHT COMPANY in the presence of:. (CORPORATE SEAL) —3— • Signed, se0ed, and delivered in the presenc Signed, sealed, and delivered in the presence of: )79 A rro P2n-r STATE OF FLORIDA COUNTY OF DADE City of Tamarac By: \4"� -A A4ay0A- Attest: -d.Aa _ (CORPORATE SEAL) I HEREBY CERTIFY that before me personally appeared J. C. Collier, Jr. and Astrid Pfeiffer , respectively Vice President and SEAL) Secretary of FLORIDA POWER & LIGHT COMPANY, a corporation organized under the laws of the State of Florida, to me known to be the persons described in and who executed the foregoing instrument and severally acknowledged the execution thereof to be their free act and deed as such officers for the uses and purposes therin mentioned and that they affixed thereto the official seal of said corporation and that said instrument is the act and deed of said corporation. IN WITNESS WHEREOF I have hereunto set my hand and official sea( at Miami, in the County of Dade and State of Florida this 2 day of Nove 19 82. My Commission expires: 1"C` NOTARY PUBLIC STATE OF FCORIDA M WR _ NOTARY PUBLIC,-- Y �OMMS�SION STATE OF FLORIDA. AT LARGE WIRES RES JUNE, 2 19 8 S a�...+..0 JHKU GENEkAL 1NS, UNDERWAIIEBS (SEAL) STATE OF COUNTY OF 1, a Notary Public I for the County and State aforesaid, do hereby certif t known to me, personally appeared before me am" q;;knov:ledge � .xeco1'son of t1�� :egcing i=.s+r�ament for the Ins,}s and purposes therein expr2-,ed. IN WITNESS WHEREOF 1 have set and and official se ' said County and State this day of , 19 My CornMM . on expires: NOTARY PUBLIC, STATE OF 1 1 r (SEAL) —4— 0 L STATE OF COUNTY OF og,6c JA4,° > I HEREBY CERTIFY that before me personally appeared -tiL.t- and yy� • - , respectively and of ' � U � � „�� ..a -Corporation organized under the Laws of the State of to me known to be the persons described in and who executed the foregoing instrument, and severally acknowledged the execution thereof to be their free act and deed as such officers, for the uses and purposes therein mentioned; and that they affixed thereto the official seal of said corporation and that said instrument is the act and deed of said corporation. WJTNESS my hand and official seal in said County and State this day of My Commission expires: NOTARY PUBLIC, Ja01kRY EURIQ STATE OF FLORIDA AI LARQ; STATE or J46,0e1'],00 A1Y CC�',SM,1x51Cy EXEIB=$ APR 21 J984 (SEAL) 1r;RU IaENERAL INS, VfZERWjIjUr4 —5— ' �A ��i � [' SAS;•' +/�•• • N- � {4�tt•= �S. f1� � i � •i y l Sits z no IND s..: 4 :. �� •:aiy1 �'y�: iry y'�: w j m 4 d ��h'. cc Q # 7_ Q 49 Usbe F� Z wa"" 1.9 V3 = W C Q 1 W = ~�' CC W i�0 _ W�cc az W coo � 0A.0 �d a W FDIC, W ' wCa0 W116 Q N z C d Q Z + N a W cn Z.: :+: + • ire. • LL T. o LU !0 a 0 a k LLJ a-- t W cc z Z '�' •icy;. N CA z w U N W lii ' w • s ':r ::• ft:i is ♦� a Go v I isurance Agent o, Company EXHIBIT "B" - PAGE 1 ynalg one copy to: 0,Box Lau e�CER 'FICATE OF INSURAV 'E -- LAND "o► e O. oft Lauderddaa le, Florida 3331t7 r-jy� tt^: R/W & Land Dept, Forrn 1364A (Non•stoeked) Rev 12/79 THIS IS TO CERTIFY THAT THE TPENINSULAR FIRE INSURANCE COMPANY INSURANCE COMPANY of Jacksonville, Fla has issued policies of insurance, as described below and identified by a policy number, to the insured named below; and to certify that such policies are in full force and effect at this time. It is agreed that none of these policies will be canceded or changed so as to affect the interest(s) of Florida Power & Light Company or its subsidiaries until ten (10) days after written notice of such cancellation or change has been received by the Insurance Department, Florida Power & Light Company, P. 0. Box 529100, Miami, Florida 3315Z SEE. INSURANCE SPECIFICATIONS ON REVERSE SIDE - 1, insured of Tamarac tddress— _ 5811 N.W. 88th Avenue, Tamarac, Florida 33321 3. Status of Insured u Corporation ❑ Partnership ❑ Individual X Mur4icipality 4. Location of Operations Insured Same. 5. Description of Work - Lease/License/Agreement between Florida Power & Light Company and Named Insured dated Sept. 26 19 18 (EFFECTIVE DATE OF AGREEMENT) 6. 7, 8. 9. '0. 1. 12 INSURANCE POLICIES IN FORCE FORM OF COVERAGE POLICY NUMBER EXPIRATION DATE _ Owners' Landlords' and Tenants' Liability 1 1 8 _SMP _232617 oCom rehensive General Liability - -�� as above as above Farmers Comprehensive Personal Liability_._ __..__._. _ — Homeowners _ Comprehensive Personal Liability_ Excess Liability or Personal Excess Liability Other (Please specify type) POLICY INCLUDES COVERAGE FOR: YES NO Q. 00amage to Underground Utilities = xx 14. oLiability assumed in the License (or other types of contracts or agreements in effect with ® ❑ Florida Power & Light Company or its subsidiaries) - Contractual Liability. Florida Power & Light Company named as additional insured with regard to the leased property. 0 ❑ 16. ±Excess Liability or Personal Excess Liability applies excess of: (a) Owners', Landlords' and Tenants' Liability ❑ FORM OF COVERAGE (b) Comprehensive General Liability ❑ Q (c) Farmers Comprehensive Personal Liability ❑ (d) Homeowners ❑ (e) Comprehensive Personal Liability BODILY INJURY LIMITS OF LIABILITY PROPERTY DAMAGE 7. Owners', Landlords' and Tenants' S Each Occurrence S Each Occurrence Liability B. Comprehensive General Liability S 2001 000 Each Occurrence S200 -000 Each Occurrence-.—.--.- 9. Farmers Comprehensive _ _�— Personal Liability S Each Occurrence -Combined Single Limit _. _.._. -_.... 0. Excess or Personal Excess t i;;lji liy 5 Each Dccurrence - Combined Sin Ig e_Limit .1. Homeowners S Each Occurrence - Combined Single Limit .2. Comprehensive Personal 1_idijihty S Each Occurrence - Combined Single Limit ----- Other (Please specify type)-- -_ — - _ . --------._-__ -----_--�_- he Insurance Company heielly ;agrees to deliver, within ten (10) days, two (2) copies of the above policies to the Insurance Department, Florida Power & Light Company, P O. Box 529100, Miami, Florida 33152, when so requested by Florida Power & Light Company. NOTE: Entries on mis ceiwitetc are hinited to the Authorized Agent or insurance Company Representative. Date 10/ 29/82 Penin nl_a Fire I,ns. Co INSURAN € MPANY' Wilton Ala: c rs, Fla '! Issued at__... -1 AUTIrORIZE 'ftE E ENTATIVE Claudia J. Smith - Page 1 SOX $248, FT. LAUDERDALE. FL-R10A 33310 PHONE (305) 765-3583 EXHIBIT "B" - PAGE 2 -. �..�. FLORIDA POWER & LIGHT COMPANY August 31, 1982 Ms Judy Deutsch City of Tamarac 5811 N.W. 88th Avenue Tamarac, Florida 33321 Subject: Certificate of Insurance - License between FPL/City of Tamarac dated Sept. 26, 1978 Dear Ms Deutsch: 4 We are pleased to inform you that we will honor your re- quest to reduce the insurance requirements as set forth in the subject agreement. Therefore, the limits required for insurance have been reduced to $200,000.00 each occurrence for bodily injury and $100,000.00 each occurrence for property damage or $200,000.00 each occurrence combined single limit until further notice. Very truly yours, Kathleen Edwards Property Representative RE/tad cc: Risk Management Department 1.4Z,u.-1 a- PEOPLE -SERVING PEOPLE r.__— F c C w FI I , 1 1 1 1 , 'fj i t ��` ��' I I • j • I f ; i 1 t 1 f I 1 —14 _ I I I , •r...r.♦ r.r..rrrrr� rra.. ..�./. i�f:�0��:1 r1r �'7�� �0 �.Z:b'� �n� �� � ��3� m r" - - -, -- In ....