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Home My WebLink AboutR-1998-032 I RESOLUTION NO. 3 2-9 8 A RESOLUTION OF THE CITY OF DANIA, FLORIDA APPROVING THAT CERTAIN SIDEWALK LICENSE AGREEMENT BETWEEN BROWARD COUNTY AND THE CITY OF DANIA IN FORM ATTACHED HERETO AS EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE THEREFOR. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA, FLORIDA, THAT: SECTION I: That certain Sidewalk License Agreement between Broward County and the City of Dania in substantial form attached hereto as Exhibit"1" is hereby approved and the appropriate City Officials are directed to execute same. The City Manager and the City Attorney are hereby authorized to make such minor revisions to said Agreement. SECTION 2: This Resolution shall be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED this 10 day of March 1998. MAYOR-COMMISSIONER ATTEST: CITY CLERK-AUDITOR Api4icens- By: As G:\WPFILESUU 2R6/98 i i PREPARED BY: DONALD J.LUNNY,JR.,ESQ. BRINKLEY McNERNEY MORGAN SOLOMON&TATUM.LLP P 0 BOX 522 FORT LAUDERDALE,FL 33302.0522 Folio No. SIDEWALK LICENSE AGREEMENT WHEREAS, the CITY OF DANIA, a Florida municipal corporation (hereafter, "DANIA"),enjoys a platted 12' utilities easement adjacent to Southwest 31"Avenue within Parcel "A" of Broward County Fire Station No. 5/Morgue Site, according to the Plat thereof, recorded in Broward County Plat Book 123 at Page 33 (hereafter, the "Easement Land"); and, WHEREAS,BROWARD COUNTY, a political subdivision of the State of Florida (hereafter, "COUNTY"), is the owner of the Exhibit "A" property subject to the aforesaid utilities easement(hereafter,the 'Property")and has requested DANIA to allow the installation of a public sidewalk upon such utility easement land; and, WHEREAS,DANIA has agreed to permit COUNTY to install such sidewalk on the Property; and, WHEREAS,the parties have agreed to enter into this License Agreement in relation to the use of the Property and Easement Land as set out below; NOW,THEREFORE,in consideration ofthe premises,this Agreement is entered into between the DANIA and COUNTY. 1. TERM: The term of this License shall run until such time as the DANIA notifies the COUNTY to cease using the Property for the purposes herein licensed. No such notice shall be sent until such time as the DANIA or its successor in interest,determines that the use of the Property for utilities purposes is no longer compatible with such property's surface use as a public sidewalk or until DANIA determines that COUNTY has breached this Agreement. 2. USE OF PREMISES: COUNTY shall use and occupy the Property for a public sidewalk and shall maintain said „ public sidewalk in a safe condition, and shall further repair and replace said sidewalk if EXHIBIT "1" a damaged. Specifically, COUNTY shall repair,replace,and restore(or cause to be repaired, replaced, or restored)the sidewalk in the event it is damaged as a result of the installation, maintenance, repair, or replacement of utilities facilities in the Easement Land. The Property shall not be used for any other purpose whatsoever without written consent of DANIA, which shall not be unreasonably withheld. 3. DAMAGE TO PROPERTY: DANIAA and COUNTY agree that the sidewalk shall remain the property of the COUNTY, and shall be placed upon the Property at the risk of COUNTY. COUNTY shall give DANIA prompt written notice by certified mail of any occurrence, incident or accident occurring upon the licensed Property. 4. RESPONSIBILITY: Both COUNTY and DANIA,which are state agencies or subdivisions,as defined in§768.28, Florida Statutes,agree to be fully responsible for acts of negligence of their respective agents or employees when acting within the scope of their employment or agency,and agree to be liable for any damages resulting from said negligence. Nothing herein is intended to serve as a waiver of sovereign immunity or any other immunity or defense by any party to which sovereign immunity or such other immunity or defense as may be applicable. Nothing herein shall be construed as consent by a state agency or political subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract. Any claim, objection or dispute arising out of the terms of this Agreement shall be litigated in the Seventeenth Judicial Circuit in and for Broward County, Florida. 5. NOTICES: Any notice or demand, which under the terms of this License Agreement or by any statute or ordinance, given or made by a party hereto shall be in writing and shall be given by certified or registered mail sent to the other party at the address set forth below, or to such other address as such party may from time to time designate by notice. Notice to DANIA shall be addressed to: City of Dania Attn: City Manager 100 West Dania Beach Boulevard Dania, FL 33004 2 i Notice to COUNTY shall be addressed to: Broward County Attn: County Administrator Broward County Governmental Center 115 S. Andrews Avenue Fort Lauderdale, FL 33301 6.. LAWS AND ORDINANCES: COUNTY shall observe all existing laws and ordinances of DANIA, county, state and federal agencies directly relating to the operation of Property. 3 I IN WITNESS WHEREOF, the parties have made and executed this Agreement on the respective dates under each signature: BROWARD COUNTY through its BOARD OF COUNTY COMMISSIONERS signing by and through its Chair or Vice Chair, authorized to execute same by Board action on the—day of , 19 and CITY OF DANIA, signing by and through its duly authorized to execute same. COUNTY ATTEST: BROWARD COUNTY, through its BOARD OF COUNTY COMMISSIONERS BY County Administrator and Chair Ex-Officio Clerk of the Board of County day of 19 Commissioners of Broward County, Florida Approved as to form by Office of County Attorney Broward County, Florida JOHN J. COPELAN,JR., County Attorney Governmental Center, Suite 423 115 South Andrews Avenue Fort Lauderdale, Florida 33301 Telephone: (954) 357-7600 Telecopier: (954) 357-7641 By Assistant County Attorney (Signatures continued on Next Page) 4 A CITY j ATTEST: CITY OF DANIA I City Clerk By— day of_ _, 19 By: City Manager APPROVED AS TO FORM: AJ41 Ci y Attome G:\WPFILES\IULIE\Dania\Agints\Sidewalk License Agmt 7/4/98 l 5 CRAv 1 THOMPSON & ASSC"IATES INC. ENGINEERS • PLANNERS • SURVEYORS 3563 NN. 53RD. STREET. FAIT LAUDERDALL, FLORIDA 333M (954) 739-6400 ONT0E5: FORT LAA)MALE, VS0 BEACH t45 Ryp)n 94T0!d sypw<r, rn wr•mina•R44n .:..� FOR: &"WARD COUNTY CONSTRUC77ON MANAGEMENT ��"''"°'"n0^1°' n�••M�`ww�' V" M N�1a�tlon MM�Me.4•« N CawRlin•W.N•MN«MM 7�t NORTH LINE PARCEL "A" N 8733'42" E 5.00 I I POINT OF BEGINNING N.E. CORNER PARCEL "A PLAT BOOK 12J. PAGE JJ I I I I 9 1 I I i I I I �2 I yak 1 �U I I . 23 SKETCH TO d 'X i 2 I ACCOMPANY DESCRIP770N e W w i Q I 5' SIDEWALK Q I � EASEMENT �j (/) I ON I � I I < Q m t4 I WwJ s 9O100•00, W s.00 1 I S• W. 53RD Sr I I SWTH LINE PARCEL "A" EET 2 OF UPDATES 6n6/or REN9ONS DATE BY 0K'D NQjI lb rndlrMOMd lr•aAa tl4 N I o1••l"n Am w- M AN W*Am 4 r•c....Mallan•a 9nrm 1•aiE•M« prnr114 rlah-•1-Nit C•l!M iN•%r•�rr.1bn•.grM•Mn wry T« M a�1 lny, tlW NOh N rot Nt�MM 4 r•E•[I a«l 4rN a ra n+ellaw a �Nb�tlbn0• •O4N•!uw o•n«rnM by e9w. urw9.weraro _•.� tlD1L taa AFL ]•��ct�6 a n9n-N-•er aN/« •«MnIn4 M IK•rdFL Z 2 % d0O N0. 94OO22oO2 DRAWN BY: DB p16ORED BY: BF El F.B. PQ DAIm:12-17-97 i Ex. "q A OJl'I WS DESCRIPTION. 5 FOOT SIDEWALK EASEMENT �.� A PORTION OF PARCEL "A", BROWARD COUNTY FIRE STATION NO. 51MORGUE SITE, C O ACCORDING RECORD OF THE F BROWARD COUNTY,FLORIDA,DESCRIBED AS FOLLOWS- BEGINNING BEGINNING AT THE NORTHEAST CORNER OF SAID PARCEL "A"; THENCE ON AN ASSUMED BEARING OF SOUTH 00000'00"WEST ALONG THE EAST LINE OF SAID PARCEL "A",A DISTANCE OF 331.10 FEET:THENCE SOUTH 90000100"WEST A DISTANCE OF 5.00 FEET;THENCE NORTH 00'00'00" EAST, ALONG A LINE PARALLEL WITH AND 5.00 FEET WEST OF AS MEASURED AT RIGHT ANGLES TO SAID EAST LINE OF PARCEL "A", A DISTANCE OF 330.91 FEET TO THE NORTH LINE OF SAID PARCEL "A"; THENCE NORTH 87053142"EAST,ALONG SAID NORTH LINE OF PARCEL"A",A DISTANCE OF 5.00 PELT TO THE POINT OF BEGINNING. SAID LANDS BEING IN BROWARD COUNTY,FLORIDA, I NOTE: BEARINGS ARE BASED ON AN ASSUMED MERIDIAN WITH THE EAST LINE OF PARCEL"A BROWARD COUNTY FIRE STATION NO.5/MORGUE SITE.RECORDED IN PLAT BOOK 123. PAGE 33 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, HAVING A BEARING OF SOUTH 00900'00"WEST. CERTIFICATE: WE HEREBY CERTIFY THAT THIS DESCRIPTION AND SKETCH CONFORMS TO THE MINIMUM TECHNICAL STANDARDS FOR LAND SURVEYINO IN THE STATE OF FLORIDA. AS OUTLINED IN CHAPTER 61G17.6 (FLORIDA ADMINISTRATIVE CODE), AS ADOPTED BY THE DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS IN SEPT'EMBER, 1981, AS AMENDED, PURSUANT TO CHAPTER 472.027 OF THE FLORIDA STATUTES, AND 15 TRUE AND CORRECT TO THE BEST OF OUR KNOWLEDGE AND BELIEF. CRAVEN THOMPSON&ASSOCIATES,INC. THIS SaEIM W tar WAPO WMIOUTTHE SWAT I OTHEORC��qMK�p((YpAaMSM AM DENNIS M.BE-ATE Professional Surveyor&Mapper No.3606 Stkc of Florida Sheet 1 of 2 Sheetr F Job No. 94-M2.002 Dafed: DeCeo&r 18, IW7 J:Ijobri94.00221 fe8altUfhidewalk.d18 DEC 2 21997 5 !{ii! i. j '1 x � - I -J ;., , : , -. iv i r