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HomeMy WebLinkAboutCity of Tamarac Resolution R-93-0922 3 4 s� 35 26 27 1B s9 a 22 22 23 24 25 a 7 8 9 0 1 Temp. Reso. #6507 CITY OF TAMARAC, FLORIDA RESOLUTION 'NO. R-93_c L A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TAMARAC, FLORIDA, APPROVING AN AGREEMENT BETWEEN THE CITY OF TAMARAC AND RICHARD RUBIN, CONSULTANT PLANNER, ON THE CITY'S BEHALF IN THE MATTER OF BERKOWITZ v. THE CITY OF TAMARAC, ET AL.; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council is desirous of entering into a Contract of Employment with Richard Rubin, Consultant Planner, in the matter of Berkowitz v. The City of Tamarac, et al.; and WHEREAS, the City Council of the City of Tamarac feels it is in the best interests of the citizens of the City of Tamarac to enter into a Contract for Employment with Richard Rubin, Consultant Planner, in the matter of Berkowitz v..The City of Tamarac, et al. NOW,THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF TAMARAC, FLORIDA: SECTM is That the City Attorney is hereby authorized to execute a C:ntract with Richard Rubin, Consultant Planner, in the matter of Berkowitz v. The City of Tamarac, et al., a copy of the Contract is attached he0o as "Exhibit A" and made a part hereof. SECTIQL; All resolutions or parts of resolutions ' in conflict herewith aretereby repealed to the extent of such conflict. 3SECTDN2_ If any clause, section, other part or application of this Resobtion is held by any court of competent jurisdiction to be unconstituttxnal or invalid, in part or application, it shall not affect the validity of he remaining portions or applications of this Resolution. 1 2 3' S 6 27 d 9 D 1 Temp. Reso. # UI SECTION-4: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this day of 1993. ATTEST: CAROL A. EVANS CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. RTCHELL W CITY ATTOF ConsultantPlanner(6507) (ms) r s J V NbER MAYOR IrICORD OF COUNCIL VOTE MAYOR U i ST' 1 V r4 <0 Ij TAN i E 4 -�3 -'ip- CONtR PLANNING AND ARCHITECTURE DIVISION Agreement Between Consultant Planner, Richard S. Rubin, and City of Tamarac Regarding Broward County Case #92-17077 i17) .edge L-nda L. Vitale The Consultant Planner shall review the Background data and information listed below pertaining to the above referenced law suit and render professional planning recommendations regarding the property's highest and best use and other matters requested by the City or its Consultant Attorneys. Items to be Reviewed but not Limited to the Following List: O Contract: to Purchase and :Sale o Deed Restrictions Q Plat Restrictions o Zoning Restrictions o Lend Development Regulations Restrictions o Sales Contract: o "Concurrency" Status o Active and Inactive Permit-4 o Building and Planning Files 0 City Clerk and Attorney's .. files o Legal Complaints, Responses, Etc. The City shall collect the above .referenced documents for the Consultant Planner to review or may make their files available at reasonable times to the Planner. All documents shall be made available within two working weeks and shall be returned to their original source within two months from receipt of documents. The fee for the Consultant'-- Architectural and Planning services shall be computed on an hourly basis acc_ordinct to the schedule below: Principal Architect Project Manager Graphic: Designer Secretary �egal Testimony Graphic Materials = v100.00/hr. $ 50.00/hr. = $ 35.00/hr. = $ 15.00/ hr . y1FIn w hr. actual cost without a multiplier ":etha I for Compensation s:zall r,e ;az f,Jilows: A. Retainer - Waived B. Monthly invoices shall receipt. 12% interest over 00 days past due. be paid within 30 days after shall be added to all invoices ATRIUM CENTRE 4801 S. UNIVERSITY DR. SUITE 212 DAVIE, FL 33328 (305) 680-6550 FAX (305) 680-6559 0 f -93 -5a- The lee shall be divided ii-rto two parts listed below. PART I - Preliminary review of all reasonably available documents. The Planner shall provide a preliminary report and provide budgets for preparing future studying required to support or overrule the preliminary review and analysis. Lump Sum Fee = $1,800.00 PART ,I I.- Final reports, studies, drawings, graphics shall be produced within two months after being granted authorization by. City Council. to proceed with preparing reports for any of the specific items listed in 01 above.- En#iLe Free 1IJ-Q.d fjC n: No statements, representations, warranties whether written or oral, from whatever source arising, except as expressly stated in this Agreement, shall have any legal validity between the parties or be binding upon any of them. The parties acknowledge that this agreement contains the entire understanding and agreement of the parties. No modification hereof shall be affective unless made in writing and executed by the parties hereto with the same formalities as this agreement is executed. Either party may cancel this agreement without any cause by giving a 30 day cancellation notice in writing to the other party. Attorney's Fees: Should any dispute arise hereunder, the winning party in the judicial system shall be entitled to recover against the losing party all cost, expenses and attorney fees incurred in such dispute, whether or not suit be brought, and such right shall include all of such costs, expenses and attorney fees through all appeals or other actions. Agreed to By: 7� Richard ubin - Consu taut Planner Date i ness Date sR-IAW P. 0ETZG EV-T .� Ci y o Tarnarac Title Date Witness pate H . L . BENDER, MAYOR cAiQ 61- A, .6 VANS RSR/sar CITY OF TAMA! �' APPROVED AL MEETING OF OHN P. K=Y, /CI MANAGER