HomeMy WebLinkAboutR-2001-101 RESOLUTION NO. 2001-101
A RESOLUTION OF THE CITY OF DANIA BEACH FLORIDA,APPROVING
THE MODIFICATION TO LICENSE AGREEMENT BETWEEN FLORIDA
POWER& LIGHT COMPANY AND THE CITY OF DANIA BEACH FOR THE
CITY'S CONTINUED OPERATION AND MAINTENANCE OF WATER
WELLS, PUMPS AND OTHER NECESSARY APPURTENANCES FOR
FRESH WATER SUPPLY; AUTHORIZING THE PROPER CITY OFFICIALS
TO EXECUTE SAID MODIFICATION TO LICENSE AGREEMENT
IDENTIFIED AS RAVENSWOOD SUBSTATION #7/SE/81; FURTHER,
PROVIDING FOR AN EFFECTIVE DATE.
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH,
FLORIDA:
Section 1. That the Modification to License Agreement between the City of Dania
Beach and Florida Power & Light Company for the City's continued operation and
maintenance of water wells, pumps and other necessary appurtenances for fresh water
supply, a copy of which is attached to this Resolution as Exhibit "A, is approved and the
appropriate city officials are authorized to execute same.
Section 2. That the Acting City Manager and City Attorney are authorized to
make minor revisions to such License Agreement as are deemed necessary and properfor
the best interests of the City.
Section 3. That all resolutions or parts of resolutions in conflict with this resolution
are repealed to the extent of such conflict.
Section 4. That this resolution shall be in force and take effect immediately upon
its passage and adoption.
PASSED AND ADOPTED this 12'h day of June, 2001.
PAT FLURY - MAYOR
ATTEST:
CHARLENE JO SON
ACTING CITY ERK
1 RESOLUTION NO 2001-101
ROLL CALL:
COMMISSIONER BERTINO-YES
COMMISSIONER MIKES-YES
COMMISSIONER McELYEA-YES
VICE-MAYOR CHUNN-YES
MAYOR FLURY-YES
APPROVED AS TO FORM AND CORRECTNESS:
BY:
CITY ATTO MY
2 RESOLUTION NO 2001-101
Ravenswood Substation
#7/SE/81
MODIFICATION TO LICENSE AGREEMENT
WHEREAS,the undersigned entered into that certain License dated the 24ffi of September,
1996 copy of which is attached hereto as Exhibit"A",for the use of certain Company lands for the
purpose and subject to the conditions and restrictions as stated therein.
NOW,THEREFORE, the parties to said License agree that, for and in consideration of
certain benefits accruing to each,said License shall remain in full force and effect through the 14th
day of May,2006 after which date it shall cease and terminate and be no longer in force and effect.
For and in consideration of the extension of this License, Licensee shall pay to Company the
amount of Four Thousand One Hundred Sixty-Five Dollars ($4,165.00), for the period of this
extension, which amount shall be the net amount due and payable to Company in a payment of
$833.00,in advance,and on the first day of each annual period.
IN WITNESS WHEREOF, the parties hereto have caused this Modification to
License Agreement to be executed this day of 12001.
Signed,sealed and delivered
in the presence of: FLORIDA POWER&LIGHT COMPANY
By:
Signature: Its: South Area Project Manager
Print Name: Print Name: Dave G.Douglass
Signature:
Print Name:
Signed,sealed and delivered CITY OF DANIA
in the presence of:
By:
Signature: Its: Mayor
Print Name: Print Name:
By:
Its:
Signature: Print Name:
Print Name:
• CCC/DGE
3737 MA.Motl (4C) EXHIBIT "Aug
Form 3737-A Rev. 8/14/92
Exhibit "A"
LICENSE
• THIS AGREEMENT is made this 24th day of SEPTEMBER
1996 between FLORIDA POWER & LIGHT COMPANY, a Florida corporation,
whose mailing address is P.O. Box 14000, Juno Beach, Florida 33408-
0420, Attn: Land Management Department, hereinafter referred to as
"Company" and City of Dania, whose mailing address is 100 West
Dania Beach Blvd., Dania, FL 33004, herein referred to as
"Licensee".
WITNESSETH
WHEREAS, Company is the owner of title in fee simple to
property in Broward County, Florida, hereinafter referred to as
"Land" and described as follows:
See Exhibit "A" attached hereto and made a part
hereof.
AND, WHEREAS, Licensee desires 'to occupy and use the Land as
stated herein;
NOW, THEREFORE, in consideration of the mutual covenants and
agreements contained herein, Company hereby grants and Licensee
hereby accepts a License to use and occupy the Land upon the
following terms:
TERMS
1. USE: The Land is to be used by Licensee solely for the
operation and maintenance of water wells, pumps and other necessary
appurtenances for fresh water supply and for no other purposes.
Licensee shall pay for all utility and other services furnished to
or for Licensee on the Land.
® 2. TERM: This License is for a term of five (5) years,
unless earlier terminated as provided herein, beginning on the 15th
day of May, 1996, and ending on the 14th day of May, 2001.
Provided Licensee is not in default of any terms or conditions of
this License. Licensee shall give Company written notice of its
intention to extend the License at least ninety (90) days prior to
the expiration of this License.
3. RENTAL: Licensee hereby covenants and agrees with
Company, that during the initial term of this License Agreement,
Licensee shall pay to the Company the total amount of Four Thousand
One Hundred Sixty Five dollars ($4,165.00) payable in advance plus
sales tax, if applicable in annual installments of Eight Hundred
Thirty Three Dollars ($833.00) commencing on the first day of the
first year of the term of this License. All payments shall be made
to Company without demand at the following address:
Florida Power & Light Company
Attention: Real Estate Dept.
P.O. Box 8248
Ft. Lauderdale, FL 33340-8248
4. COMPANY'S RIGHTS: Licensee hereby acknowledges that
Company is the owner of fee simple title to the Land described
herein and agrees never to claim any interest or estate of any kind
or extent whatsoever in the Land by virtue of this License or the
occupancy or use hereunder. Licensee's use of the Land shall
always be subordinate to Company's rights in the Land. Company
reserves the right to enter upon the Land at any time for its
purposes and Licensee shall notify its employees, agents,
contractors, invitees, and licensees accordingly. Company and its
contractors will not be responsible or liable for any damage or
loss to Licensee resulting from Company's use thereof for such
• purposes. Further, Company may at its discretion install or permit
others to install upon the Land other overhead or underground
facilities.
Form 3737 Rev. 2/1/94
5. RESTRICTIONS ON USE: Licensee shall not use the Land in
any manner which, in the opinion of Company, may tend to interfere
with Company's use of the Land or may tend to cause a hazardous
. condition to exist. Specifically, Licensee shall not cause or
permit any waste of the Land, including the removal of soil,
addition of fill or altering of existing grade, without the written
permission of Company. Licensee shall keep the Land clean and
clear so as to prevent it from becoming unsightly and shall not
store materials and will see to it that no debris or trash is
dumped or deposited thereon. Licensee shall drill no well on the
Land nor construct or erect any building, structure, fixture,
fences, shelter, attachment, or other improvement, whether the same
be permanent or temporary, without prior written permission of
Company in accordance with Company specifications. It is
understood by Licensee that electrical equipment and appurtenances,
including overhead and underground wires installed or to be
installed on the Land by Company are conductors of high-voltage
electricity. Licensee understands that disturbance of any of these
facilities may cause a hazardous condition. Licensee will exercise
extraordinary precautions so as to 'prevent damage or injury to
property or persons in the vicinity of such facilities. Licensee
agrees to notify its employees, agents, contractors, invitees and
licensees of the existence of said high-voltage facilities and
other installations. Licensee shall maintain effective dust
control measures to prevent contamination of insulators. No
equipment capable of extending greater than fourteen feet (14 '•)
above existing grade shall be permitted on the Land. Licensee
shall not at any time permit trees, brush, plants, or any other
foliage to exceed a height of fourteen feet (141 ) above existing
grade.
6. ENVIRONMENTAL: Licensee agrees that no hazardous
substance, as the term is defined in Section 101 (14) of the
Comprehensive Environmental Response Compensation and Liability Act
("CERCLA") (42 USC Section 9601 [14] ) , petroleum products, liquids
or flammables shall be placed on, under, transported across, or
• stored on the Land, which restricts, impairs, interferes with, or
hinders the use of the Land by Company or the exercise by Company
of any of its rights thereto. Licensee agrees further that in the
event it should create a hazardous condition, then upon
notification by Company, Licensee shall, within seventy-two (72)
hours, at its sole cost and expense, correct such condition or
situation; provided however that the Company retains the right to
enter upon the Land and correct any such condition or situation at
any time and, by its executive hereof, Licensee hereby agrees to
indemnify and hold harmless Company from all loss, damage or injury
resulting from Licensee's failure to comply with the provisions of
this Agreement. Licensee further agrees that spraying of
herbicides will be done in a manner so as to prevent the spray from
making contact with Company facilities. Spraying using aircraft is
strictly prohibited.
7 . COMPLIANCE WITH LAWS: Licensee agrees at its sole cost
and expense to comply with all laws, rules, and regulations of any
governmental authority having jurisdiction over the Land or use of
Land and to employ practices standard in the County in which the
Land is located for the purpose for which this License is granted
and for the protection of the Land.
8. TERMINATION: Company may terminate this License by
giving Licensee at least ninety (90) days written notice of such
termination. In the event of such termination Company will refund
any unexpired prorated portion of Licensee's advanced rental
payment. Company may, at its election, terminate this License
forthwith at any time if Licensee fails to comply with or abide by
each and all of the provisions hereof or keep all and singular
Licensee's promises and agreements herein and any advance payments
which may have been paid by Licensee to Company hereunder shall be
retained by Company as and for liquidated damages, it being
understood and agreed that the damages to be incurred by Company in
the event of Licensee's failure to perform hereunder are not
capable of being ascertained with mathematical precision as of the
Form 3737 Rev. 2/1/94
2
date of execution and delivery hereof. This License will terminate
automatically upon the death or dissolution of the Licensee or if
Licensee shall become insolvent or bankrupt or make an assignment
• for the benefit of creditors.
Upon the expiration, revocation, or other termination of
this License, Licensee shall quietly and peaceably surrender and
deliver possession of the Land in as good a condition as existed
prior to the date of commencement hereof, and within five (5)
business days of such expiration, revocation or termination,
Licensee shall remove all personal property placed by it on the
Land and shall repair and restore and save Company harmless from
all damage caused by such removal. If such property is not so
removed by Licensee, Company shall have the right to take
possession of and appropriate to itself, without any payment or
offset thereof, any property of Licensee or anyone claiming under
Licensee then remaining on the Land. Company shall have the right
to make such removal at Licensee's sole cost and expense, the
amount of which Licensee agrees to pay to Company upon demand.
9. NOTICES: All notices under this License shall be deemed
served when deposited in the United States mail, registered or
certified mail or prepaid overnight courier and addressed to the
parties at the addresses first written above. Either party may, at
any time, designate in writing a substitute address for the address
first written above, and thereafter notices shall be directed to
such substituted address.
10. NO ENCUMBRANCES: Licensee expressly covenants and agrees
that the Land shall not be subject to any encumbrance by any
mortgage or lien nor shall the Land be liable to satisfy any
indebtedness that may result from Licensee's permitted operation.
11. INDEMNITY: Licensee shall exercise its privileges
hereunder at its own sole risk and agrees to indemnify and save
harmless Company, its parent, subsidiaries, affiliates, and their
respective officers, directors, agents and employees (hereinafter
referred to as FPL Entities) , from all liability, loss, cost, and
expense, including attorneys' fees, which may be sustained by FPL
Entities, 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 the negligence of FPL Entities, arising
out of or in connection with the use of the Land by Licensee, its
contractors, agents or employees, and Licensee agrees to defend, at
its cost and expense and at no cost and expense to FPL Entities,
any and all suits or actions instituted against FPL Entities for
the imposition of such liability, loss, cost, and expense.
12. INSURANCE: Licensee shall, during the period of this
License or any extension thereof, maintain at its sole cost and
expense a liability policy with minimum limits of $1,000,000 for
bodily injury or death of person(s) and $1,000,000 for property
damage arising out of a single occurrence. Said policy shall be
endorsed to insure against obligations assumed by Licensee in the
indemnity herein. A certificate of insurance shall be furnished to
Company evidencing that said policy of insurance is in force and
will not be cancelled or materially changed so as to affect the
interests of FPL Entities until .ten (10) days written notice has
been furnished to Company. Upon request, copies of policies will
be furnished to Company. Licensee understands and agrees that the
use of the Land is expressly contingent upon acceptance and
compliance with the provisions contained herein.
13. INGRESS AND EGRESS: Company makes no warranties or
representations concerning the Land or any means of ingress thereto
or egress therefrom. Licensee shall not use for ingress and egress
the right-of-way adjoining the subject property and Licensee shall
not use the patrol and finger roads within the right-of-way for any
purpose not herein expressly provided. At Company's structures, a
strip of land forty feet (40' ) wide, twenty feet (20' ) on each side
of the structures, including anchors and appurtenant equipment,
shall not be used.
Form 3737 Rev. 2/1/94
3
14 . NO ASSIGNMENT: Licensee may not assign this License
without prior written consent of Company.
• 15. TIME AND ENTIRE AGREEMENT: Time is of the essence, and
no extension of time shall be deemed granted unless made in writing
and executed by both Company and Licensee. This instrument
constitutes the entire agreement between the parties relative to
the License hereby granted, and any agreement or representation
which is not expressly set forth herein and covered hereby is null
and void. Any amendment, modification, or supplement to this
License must be in writing and executed by both Company and
Licensee. Waiver by Company of any breach of any term or provision
hereof shall not be deemed a waiver of subsequent breach of the
same or any other term or provision hereof.
16. CONFLICT OF LAW: Should any provision of this License be
determined by a court of competent jurisdiction illegal or in
conflict with any applicable law, the validity of the remaining
provisions shall not be impaired. In the event of any litigation
arising out of enforcement of this License, the prevailing party in
such litigation shall be entitled to recovery of all costs,
including reasonable attorneys' fees.
17. HEADINGS: The headings and underscorings contained
herein are for convenience purposes only and shall not be used.to
interpret nor be deemed to extend or limit the specific sections.
All terms used herein shall be construed as embracing such number
and gender as the character of the party or parties require(s) .
18. ADDENDUM: This License includes and is subject to the
terms, conditions, covenants and restrictions as set forth on the
attached Addendum.
IN WITNESS WHEREOF, the parties hereto have caused this
® License to be signed the day and year first above written.
Signed, sealed and delivered
i e pr sence of: FLORIDA POWER & LIGHT COMPANY
By:
zOax"Oi Alnt4l�0111—
Sig at e J s g
` t :So. A ea e Mgr.
Name rint) • N Print Name: David G. Douglass
gnature: n
9...i r� P!a
Name (Print) :
Signed, sealed and delivered CITY F DA
in the presence of:
B
Signature: MAYOR
MARIE JABALEE, CITY CLERK JOHN M. BERTINO
Name (Print) : Print Name:
C.
Signature: By:
FRANK C. ADLER, CITY ATTORNEY
Name (Print) : Its: CITY MANAGER
Print Name: MICHAEL W . SMITH
CCC/DGE 2/1/94
3737MLSC.Fnl (4C)
•
Form 3737 Rev. 2/1/94
4
Legal Description
City of Dania Wellfield
A portion of land lying in Tract 15, Block 4, of Section 32,
Township 50 South, Range 42 East, according to the plat thereof,
as recorded in Plat Book 2, Page 32 .of the Public Records of.
Dade County and being more particularly described as follows :
CommSncing at the Southeast corner of Section 32, thence
S 87 38' 48" W (on an assumed bearing) along the South line
of Section 32, Township 50, Range 42, a distance of 1004.35 feet
to a point; said point being the Southeast corner of Tract 15 ,
thence N 01° 38' 03" W along the Ea8t line of Tract 15 , a
• - distance of 53.00 feet; thence S 87 38' 48" W along a line
parallel with the South line of Section 32 a distance of 30.00
feet; thence N 010 38' 03" W along a line 30.00 feet West of
and parallel with the East line of Tract 15 , a distance of
15,38 feet 8o a point, said point being the point of beginning;
thence S 88 21' 57" W, a distance of 20.00 feet; thence
N 01 38' 03" W a distance of 30.00 f8et, thence N 88 21' 57" E,
a distance of 20.00 feet, thence S 01 38' 03" E a distance of
30.00 feet to the Point of Beginning. Said land situated, lying
and being in Broward County, Florida.
•
.°'•. �.'t.. �. rrIV
Fr1 1*r. v LCGAL U=5CR 1PTICPf
N.�1�tlfirl M �i FP.9
I. THE CITY OF DANIA '
:3.9'.7�.'t/ 3J J,;—V WEST WELL FIELD
11 portion oi' land lying in
15, Block 4, of Section 32,
ship 50 South, Range 4Z Ea!
according tb the Plat tbsr:
recorder: in Plot Bro% 2, P:
or the Public Records oP D;
.. County, Florida and baing r
' particularly dascrlbed ns 1
GorsrrNncing at the South?.as':
ner of said Tract 15; thenr
North 01 -38'-03" West (on
assumad bearing) along the
erl, line of said Tract 15,
n distances or. 53.001' Peep ti
Point or .Beginning; thenca
} tinua. North 0103'-01P Wei
X along tha Eaatarly liJM.-aP
I.. ti tl Track 15, for a di.st-aiacu.Lol
440.GU Faso; thancn• 'run-aot
8613-ZI"-5.711 Went: Por. A di:s1
`k of •50, 10' rssi:; thence bun,
h 010-38'-03" .East .rorr a dini
N� N t or 300011 Pest; thence run 1,
.� .' Baulr2l'-5711' East ror 0 cis.3s
or 20..013 h) Feet:- thence U'to-38'-DY' East-for Wd399
Win.ao` of 365.00 ree't; thancczF run.
: 88o-21'-57" West.for a diwl
of 20.00 rest; thence• run f
• M 010--38!-03" Most For a' di•.ii
of 311.,00 flea'.; •theiirs run f
O �'`�^�i-'-' 860-21'-57" East fDr a.LU91
v of 20.00 Feet; 'thence•run
O 0113-38'-031!..East:.far. a. 01;i
_ or* 15J8 feat;.thence run P
East: for a-di:si
of 30.OU Feat to the Point:
• .�/ '7r�:L Beginning; said land s tuat
lying and being iry Brnward.
Florida
Prepared By
v' U� BROOME AND FARINA
M Engineers and Surveyor:
6Y V IN 323 .S.. Federal Highway
hh O Dania, Florida 33004•
Project Number: 8578
Date: December 10, 197'
• tj a �,> 'i c'J 0:?
VIA
•rJ�- �/cG%' .�i"•YC.�� _ice?.�J.y' ! �/�l '
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j
AGENDA REQUEST FORM
CITY OF DANIA
Agenda Date: 06-12-01 Agenda Item #: Of a
Title:
LICENSE AGREEMENT FOR WELL FIELD
Requested Action:
Renew agreement for 5 years.
Summary Explanation & Background:
This agreement was entered into years ago, so that we could have a place to install new wells for
the water plant.This will extend our lease for the next 5 years. These are the only wells we have
to produce water from that we can treat with our lime plant.
Exhibits (List):
Purchasing Approval:
Prepared By:
Bud Palm
Source of Additional Information: (Name & Phone)
Recommended for Approval By:
Commission Action:
Passed ❑ Failed ❑ Continued ❑ Other ❑
Comment:
City Manager City Clerk