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Home My WebLink AboutCity of Tamarac Resolution R-79-206Introduced by: Temp. # % 3 e I 1 171 � 1 2 3 4 S 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 w 31 32 33 34 CITY OF TAMARAC, FLORIDA RESOLUTION NO. 7Z- 2,0,1z, A RESOLUTION AUTHORIZING EXECUTION OF TRAFFICWAYS BEAUTIFICATION AGREEMENT(S) BETWEEN THE CITY OF TAMARAC AND BROWARD COUNTY FOR COMMERCIAL BOULEVARD WHEREAS, Broward County has offered to landscape medians on Commercial Boulevard in the City of Tamarac and to install irrigation systems therefor, and i& WHEREAS, in return for the expenditure with Broward County, Tamarac would have to agree to assume responsibility for maintenance, and WHEREAS, the City of Tamarac considers this arrangement to be in the best interest of its citizens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: That the appropriate City officials are authorized and directed to execute Trafficways Beautification Agreement(s) in basically the form attached hereto and made a part hereof as Exhibit 1 with Broward County for Commercial Boulevard from University Drive east to 37th Avenue and from 31st Avenue east to Prospect Road. Furthermore, if Broward County can arrange for another governmental body to maintain Prospect Road from Commercial Boulevard South then the appropriate City officials are authorized and directed to execute a Trafficways Beautification Agreement with Broward County for Commercial Boulevard from 37th Avenuf east to 31st Avenue. SECTION 2: This Resolution shall be effective upon adoption. PASSED, APPROVED AND ADOPTED this/�day of r 1979. ATTEST: I HEREBY CERTIFY that I have approved the form and correctness of this RESOLUTION CITY ATTORNEY orSM, 01 I"IHruK `J I y RECORD OF C0441i- VOTE MAYOR: DISTRICT 1: DIST':'CT 2: DI�:.ICT 3: DISTRICT 4: 11 AGREEMENT FOR TRAFFICWAYS BEAUTIFICATION Between BROWARD COUNTY And THIS AGREEMENT made and entered into this day of , 19 , by and between BROWARD COUNTY, a political sub- division of the State of Florida (hereinafter referred to as the COUNTY), and , a municipal corporation located i.n row rd County an o ganized and existing under the laws of the State of Florida (hereinafter referred to as the MUNICIPALITY); W I T N E S S E T H: WN.UEAS, (is)(are) pu lic tra icway(s) (hereinafter referred to as the "trafficway(s)") located within the municipal boundaries of the MUNICIPALITY; and WHEREAS, it is of mutual benefit to the residents of the COUNTY and MUNICIPALITY to beautify the trafficway(s) by landscaping and irriga- tion; and WHEREAS, the MUNICIPALITY by resolution of its governing body adopted on the day of , 19 , has approved joint beau- tification of the trafficway(s) with the COUNTY pursuant to the terms of this Agreement and has authorized the appropriate officers of the MUNICIPALITY to execute this Agreement; and WHEREAS, the COUNTY by action of its Board of County Commis- sioners on the day of , 19 , has likewise approved the joint beautification of the trafficway(s) with the MUNICIPALITY and has authorized the appropriate COUNTY officers to execute this Agreement; NOW, THEREFORE, IN CONSIDERATION of the mutual terms, conditions, promises, cov- enants and payment hereinafter set forth, the COUNTY and MUNICIPALITY agree as follows: I. The COUNTY and MUNICIPALITY shall participate in the beautification of the trafficway(s) in the manner set forth in this Agreement. GC F#120-1 Rev 2/26/79 -1- - 2 ) 2. The -COUNTY shall perform the following: (a) Prepare or cause to be prepared design plans and specifications for the beautification of the trafficway(s). Such plans and specifica- tions shall be reviewed and approved by the Director of the COUNTY'S Department of Transportation (hereinafter referred to as the "Director"). (b) In accordance with the approved design plans and specifications, landscape the trafficway(s) by installing along the trafficway(s) vegetation, which may include, but is not limited to, plants, trees, shrubberies and turf, and installing irrigation systems compatible with the installed vegetation. 3. The MUNICIPALITY shall maintain the vegetation and irrigation systems installed by the COUNTY along the trafficway(s) as follows: (a) The MUNICIPALITY shall properly fertilize all vegetation; keep all vegetation as free from disease and harmful insects as practicable; properly mulch the vegetation beds, keeping them free from weeds; periodically cut the grass in order to maintain a neat and proper appearance; prune all plants so as to remove all dead or diseased parts of plants and all parts of plants which present a visual hazard or physical obstacle to the use of the trafficway(s); remove and replace all vegetation which is dead or diseased or which other- wise falls -below the initial level of beautification of the traffic- way(s), such replacement to be accomplished by the use of plants of the same grade as specified in the original approved plans and specifications and the same size as those .existing at the time of replacement; keep •litter removed from the trafficway(s); and main- tain irrigation parts in working order according to the original approved plans and specifications, including the maintenance and rep!acement of pumps, pipes and sprinkler heads. (b) The MUNICIPALITY shall pay all utility charges relating to the operation of the irrigation systems used in the beautification of the trafficway(s). (c) If the length of the trafficway(s) or any portion of such length is (are) coterminous with the jurisdictional boundaries of the MUNICI- PALITY, the MUNICIPALITY shall coordinate the performance of its maintenance responsibility pursuant to this Agreement with the gov- ernmental entity or entities having jurisdiction over the adjacent area. The terms and conditions of such coordination shall be stated in a Memorandum of Understanding entered into by the MUNICIPAL- ITY and the adjacent governmental entity or entities and shall pro- vide for the division of maintenance responsibility and the costs of maintenance between the parties to the memorandum. The effective- ness of this Agreement is conditioned upon and is subject to such GC P#120-2 Rev 2/26/79 -2- 33 L'i A • executed Memorandum of Understanding being approved by the Director. 4. If at any time subsequent to the COUNTY'S installation of vegetation and irrigation systems along the trafficway(s) it is determined by the Direc- tor that the MUNICIPALITY is not maintaining the beautified traffic- way(s) pursuant to the terms of this Agreement, the Director shall notify the MUNICIPALITY in writing of such deficient maintenance. If the MUNICIPALITY does not correct and improve such deficient mainte- nance within thirty (30) days of receipt of the Director's written notice, the COUNTY, at the option. of the Director, may cause such deficiencies to be corrected and improved and bill the MUNICIPALITY for the costs of such correction and improvement. The MUNICIPALITY shall remit to the COUNTY the amount so billed within thirty (30) days of the MUNI- CIPALITY'S receipt thereof. 5. As a material consideration for the COUNTY'S entry into this Agreement, the MUNICIPALITY agrees to indemnify, defend, save and hold harmless the COUNTY from all claims, demands, liabilities and suits of any nature whatsoever arising out of because of or due to the breach of this Agree- ment by the MUNICIPALITY, its agents, contractors or employees, or due to any act or occurrence or omission to act by the MUNICIPALITY, its agents, contractors or employees. 6. The Director shall decide all questions, difficulties and disputes of what- ever nature which may arise under or by reason of the beautification of the trafficway(s) pursuant to the terms of this Agreement. IN WITNESS WHEREOF, the COUNTY and MUNICIPALITY 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 Chairman, authorized to execute same by Board action on the day of 19 , and , signing by and through ATTEST: County Administrator and Ex- Officio Clerk of the Board of County Commissioners of Broward County, Florida GC F#120-3 Rev 2/26/79 COUNTY -3- BROWARD COUNTY, through its BOARD OF COUNTY COMMISSIONERS M day of Chairman 34 This document prepared by Office of General Counsel for Broward County, .Florida HARRY A. STEWART . Generai Counsei Room 248, Courthouse Fort Lauderdale, Florida 33301 (305) 765-5105 By Assistant General Counsel MUNICIPALITY WITNESS: ArA By_)V S � I &L day of GC F#1 20-4 Rev 2/26/79 -4-