HomeMy WebLinkAboutCity of Tamarac Resolution R-83-062Introduced by V M_MASSARO Temp. 1,12651
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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—
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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—
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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
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(SEAL)
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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
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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
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