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� u RESOLUTION NO. 91-96
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A RESOLUTION OF THE CITY OF DANIA, FLORIDA,
APPROVING THE LICENSE AGREEMENT BETWEEN
`•, FLORIDA POWER & LIGHT AND THE CITY OF DANIA TO
USE AND OCCUPY CERTAIN LAND FOR THE
t0 OPERATION AND MAINTENANCE OF WATER WELLS,
E s, PUMPS AND OTHER NECESSARY APPURTENANCES
a is FOR FRESH WATER SUPPLY; AND PROVIDING THAT
; .t „ ^ ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN
1 � CONFLICT HEREWITH BE REPEALED TO THE EXTENT
OF SUCH CONFLICT; AND PROVIDING FOR AN
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EFFECTIVE DATE.
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f FLORIBE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA,
1 t 164
si., 5-ect14LL. That that certain License Agreement between Florida Power& Light F
and the City of Dania, a copy of which is attached hereto and made a a
p rt hereof as
sr'a,'* � ���tir�• Exhibit "A" be and the e same is hereby
Y and the appropriate city officials are
offi 1st.
1 'N. M>
z p hereby directed to execute same.
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Section That the City of Dania agrees to pay, d' N"f y p y during the initial term of this
» i,o 11�
'{ a7 License Agreement with Florida Power& Light, the total of four thousand one hundred
�� N sixty-five dollars ($4[165.00) in annual installments of eight hundred thirty-three dollars
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ii„ ' ($833.00) commencing on the first day of the first year of the term of this License.
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a « ,i Section That this License Agreement is for a term of five 5
( ) years retroactive
4° from May 15, 1996, and ending on the 14th day of May, 2001. i .... /
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RESOLUTION NO. 91-96
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• Section 4• This resolution shall be in force and take effect immediately upon its
passage and adoption.
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; PASSED AND ADOPTED THIS 24 DAY OF SEP MBQ3, 1996.
'
M
COMMISSIONER
is F M
ATTEST:
CITY CLERK-AUDITOR
Yy s APPROVED AS TO FORM AND CORRECTNESS:
CITY ATTORNEY a
,ey ;K'4i �7,� ✓y
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RESOLUTION NO. 91-96
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7 5 . RESTRICTIONS ON USE: Licensee shall not use the Land in
t '�4` ' • any manner which, in the opinion of Company, may tend to interfere
k r }; 's " with Company' s use of the Land or may tend to cause a hazardous
„ '�> 11A.}t,< '
pcondition to exist. Specifically, Licensee shall not cause or
\ a( ermit any waste of the Land, including the removal of soil,
ax ,
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
(ra, xw } 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
t building, structure, fixture, . )'
4 ea , shelter, attachment or other improvement, whether the same
r
taSFp ; temporary, without prior written permission o
f Company in accordance with Company specifications . It is
be permanent or
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
* Y electricity. Licensee understands that disturbance of any of these
a
rr� fV �,IV facilities may cause a hazardous condition. Licensee will exercise
extraordinary precautions so as to prevent damage or injury to
y property or persons in the vicinity of such facilities. Licensee
agrees to notify its employees, agents, contractors, invitees and
, k �
licensees of the existence of said high-voltage facilities and
other installations . Licensee shall maintain effective dust
}f`rf'r control measures to prevent contamination of insulators . No
equipment capable of extending g greater than fourteen feet (19 ' )
above existing grade shall be permitted on the Land. Licensee
,1.,
® shall not at any time permit trees, brush, plants, or any other
foliage to exceed a height of fourteen feet 14 '
( ) above existing grade .
�
6. ENVIRONMENTAL: Licensee agrees that no hazardous
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substance as the term is defined in Section 101 (14 ) of the
41rr`x �> Comprehensive Environmental Response Compensation and Liability Act
("CERCLA") (42 USC Section 9601 19) petroleum ds
or flammables shall be placed on, under, transported ed across, or
stored on the Land, which restricts, impairs, interferes with, or q3r
} hinders the use of the Land by Company or the exercise by Company
4 � of any of its rights thereto. Licensee agrees further that in the
'" '� event it should create a hazardous condition, then upon 3 notification by Company, Licensee shall, within seventy-two (72) s
hours, at its sole cost and expense, correct such condition or
situation; p
provided however that the Company retains the right .to
t � enter upon the Land and correct any such condition or situation at
rtr any time and, by its executive hereof, Licensee hereby agrees to t
:° indemnify and hold harmless Company from all loss, damage or injury
� . resulting from Licensee ' s failure to comply with the provisions of
M9 d
this Agreement. Licensee further agrees that spraying of
fj herbicides will be done in a manner so as to prevent the spray from
4zRt making contact with Company facilities . Spraying using aircraft is M`
strictly prohibited. ,
7 . COMPLIANCE WITH LAWS: Licensee agrees at its sole cost
and expense to comply with all laws, rules, and regulations of any
i
�,`y����°r�b"`� • governmental authority having jurisdiction over the Land or use of
Land and to employ practices standard in the County in which the
p # r«"ia Land is located for the purpose for which this License is granted
Zq"m and for the protection of the Land.
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
forthwith at any time if Licensee fails
payment. Company may, at its election, terminate this License
�• to comply with or abide by �Y
each and all of the provisions hereof or keep all and singular off°1; Licensee 's promises and agreements herein and any advance payments r ,ti ' ,X%
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 °'
2 Form 3737 Rev. 2/1/94
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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
the
Land and shall repair and restore and save Company harmlessnfrom
4�a+ al4r 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 Company P
� 5 pay to Com an upon demand.
9. NOTICES: All notices under this License shall be deemed
served when deposited in the United States mail, registered or
, t
s r' certified mail or prepaid overnight courier and addressed to the
i parties at the addresses first written above . Either party may, at
r
any time, designate in writing a substitute address for the address
�a: first written above, and thereafter notices shall be directed to
„etif" x. such substituted address .
10. NO ENCUMBRANCES: Licensee expressly covenants and agrees
mortgage or lien nor shall the Land be liable to satisfy any
that the Land shall not be subject to any encumbrance by any
indebtedness that may result from Licensee ' s permitted operation.
H 2 11 . INDEMNITY: Licensee shall exercise its privileges
hereunder at its own sole risk and agrees to indemnify and save 1
harmless Company, its parent, subsidiaries, affiliates, and their
V I.� s ,u, A.� ,i 1 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 an tt y 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,
in is any and all suits or actions instituted against FPL Entities for `t
the imposition of such liability, loss, cost, and expense.
12 . INSURANCE: Licensee shall during the his
License or any extension thereof, maintain at itspsoledcost of Land
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 F"
n , vl damage arising out of a single occurrence. Said policy shall be
=re endorsed to insure against obligations assumed by Licensee in the ? ; .
indemnity herein. A certificate of insurance shall be furnished to a.
la : F, 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 Li
ies
be furnished to Company. Licensee understands and agreescthatwill the
use of the Land is expressly contingent upon acceptance and
compliance with the provisions contained herein.
aj R 13 . INGRESS AND EGRESS:
F7I�4ny1;�' `� ny makes no warranties or
representations concerning the Lad oraany means of ingress thereto 9F
or egress therefrom. Licensee shall not use for ingress and egress
the right-of-way adjoining the subject property and Licensee shall kt not use the patrol and right-of-way finger roads within the for an
Purpose not herein expressly 1
P y provided. At Company's structures, a
strip of land forty feet (401 ) wide, twenty feet (201 ) on each side
of the structures, including anchors and appurtenant equipment,
shall not be used.
r
3 Foam 3737 Rev. 2/1/94
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14 . NO ASSIGNMENT: Licensee may not assign this License
without
prior written consent of Company.
y. .,
15 . TIME AND ENTIRE AGREEMENT: Time is of the essence, and
no extension of time shall be deemed granted unless made in writing
y Spa e� and executed by both Comp nt
any and Licensee. This instrume
constitutes the entire agreement between the parties relative to
ya ,'31°A`yn"sx '`x."' the License hereby granted, and any agreement or representation
YbA; r ' which is not expressly set forth herein and covered hereby is null
"r and void. Any amendment, modification, or supplement to this
License must be in writing and executed by both Company a nd
Licensee. Waiver by Company of any breach of any term or pprovision
f� til ;""�. hereof shall not be deemed a waiver of subsequent breach of the
Y °+ same or any other term or provision hereof.
<, ` xY. 16. CONFLICT OF LAW: Should an r,;z . y provision of this License be
k 3yh� r determined by a court of competent jurisdiction illegal or in
conflict with any applicable law, the validity of the remaining
1 ;, ,rJ y,• 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
}h'3rh + herein are for convenience purposes only and shall not be used to
_ eau interpret nor be deemed to extend or limit the specific sections .
All terms used herein shall be construed as embracing such number
r "kc r and gender as the character of the party or parties require (s)
!� yy
18 . ADDENDUM: This License includes and is subject to the
a #�ax terms, conditions, covenants and restrictions as set forth on the
t)51 attached Addendum.
"ti�2�°� i:r6lir
dr4e3,�zg. ,�' IN WITNESS WHEREOF, the parties hereto have caused this
License to be signed the day and year first above written.
Signed, sealed and delivered
in the presence of: FLORIDA POWER & LIGHT COMPANY f
Signature: By:
Its :So. Area Real Estage Mgr.
s� �+ Name (Print)
Print Name: David G. Douglass
Name (Print) .
?e
Signed, sealed and delivered CITY OF DANIA R,
in the presence of:
z '�z #irk': • rt 1;
r � r By: r
--�.
MARIE JABALEE , CITY CLERK Its: M. Yp
Name (Print) : JOHN M. BERTINO Print Name•
Signature :
_ FRANK C . ADLER , CITY ATTORNEY By: A'}E
Name Print( )
Its • CITY MANAGER
MICHAEL W . SMITH
3737NL S
Print Name•
E 2/1/94 737XLic.Fnl (4C)
9 Form 3737 Rev. 2/1/94
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Legal Descri tion
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City of Dania Wellfield
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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
h Dade County and being more particularly described as follows:
Comm ncing at the Southeast corner of Section 32 , thence
S 87� 38 ' 5J48 W (on an assumed bearing)to S Section 32, Township 50, Range 42 , ga distancee South line feet
o00 ;
p°int ; osaid point being the Southeast corner of1Tract515 ,
thence N O1 38 ' 03" W along the Ea8t line of Tract 15 , a
' distance of 53 . 00 feet ; thence S 87
38 ' W along a line +
parallel with the South line of Section 322 a a distance of 30 . 00
feet; thence N 010 38 ' 03" W along a line 30. 00 feet West of r
and parallel with the East line of Tract 15 , a distance of
k s : 15 . 38 feet dro a point , said point beingthe
thence S 88 21 ' 57" W, a distance of 0 . 00 feet ; the�ceoint of be inning;
" F N 01 3II ' 03" W a distance of 30 . 00 feet , thence N 88 21 ' 57" E
N
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 .
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�i �' �.r LEGAL D-r5CR_?Tr0pJ
14 x'•'i?,w 1l''kt3 • '
THE CITY OF DANIA '
WEST WELL FIELD
Syx�`� 4y}{•N Y � IIJ
}{lj %Y7 fix'
A portion of land lying in .7
15, Block 4, of Section 32,
}' ship 50 South, Range 42 Eas+:
according tb the Plat tha_rc
recurdad in Plat 8rok 2, Pag
or the Public Recards of Dad
G County; 171urida
and being in
Particularly deacrib'ad as
Carmtencing at the Southerst
ner of sold Tract 15; thenc .
c North 01 -3a'-03" West: (on a
assumed bearing) along the E
°rly line OF said Tract 15,
a distance of 53T04 fae7 ti>
Point of Beginning; thenca c
.�• tinum North 01°38'-0:#q Wast
along. that Eastarly Ijna oP b
`b tl Tract 15, for E7• dist-«n
Gvipfz•
440.OD' Fast; thancm 'run-Scut
'• z- 880-21"-5.7" Went For. Eldiara y,
of 50.Oq Past; thence
�a 4rr y0) 010,389-Og1t bun .JD
A �1 'G or 30.017 fe ask .Pa Q dirfl:a
/ Q 9 , thence run
88 �2V-57"' Eest far t; dista
\;' o S.dc?'b�/'S!t'?Y •' of 20.0a feL-t; thence
'run "ao
0 �O.Oa of' 365.0a Peet; thenCg run. S
iJj ,0• 880-Z1'-57" West:.for a dx �a
{ j w °f 2D.QQ Peat; thence.
run 8a
O1°-38!-D3" East fo;• a' di:�tn
' 0 '_ , 'thenrs run N
F, ro 8Bo-2• / a/00� 1 57,� East for a,dist��
ws eh1 °P2D.DQ' faet.; thmnce.run S
o o
ill D1 -38 -031!..Easu Par. a dints 1
;^ 0 • _ -: oP 1�.'�8 feat; , thenca run No
2GiCD 873-38'-48" East for 4 di:at�. ;
or 30.00 Fe
ut to the Point- a
Beginning; said land situate
rats• , lying and being in Braiaard. C
Florida;
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- C Prepared B
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BROOME AND '• FARIN�U Engineers and -Surveyors
323 S. Federal Highway
g Y/ �I Dania, Florida 33001+
S/ /J Project Number: 8578
` V Dale: Dacembar 16, 1975
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These images were produced in the normal course of business by:
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The Microfilm Depot/Advanced Imaging Solutions
{ 1213 South 30 Avenue, Hollywood, FL. 33020 {
Brow: (305) 927-4404 Dade: (305) 625-0509
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