HomeMy WebLinkAboutCity of Tamarac Resolution R-89-2701
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CITY OF TAMARAC,
Temp. Reso. #5576
FLORIDA
RESOLUTION NO. R-89 -J7O
A RESOLUTION AUTHORIZING THE APPROPRIATE CITYOFFICIALS TO EXECUTE AN AGREEMENT WITH BROWARD
COUNTY RELATING TO DISBURSEMENT OF CERTAIN FUNDS
FROM THE BROWARD COUNTY TREE PRESERVATION TRUST
ACCOUNT, AND PROVIDING AN EFFECTIVE DATE.
BE IT RESOLVED BY THE COUNCIL OF THE C]TY OF TAMARAC, FLORIDA:
SECTION 1: That the a ppropriate City officials are hereby
authorized to execute an Agreement with Broward County reLating to
the disbursement of funds in the amount of S2,850.00 from the
Broward County Tree Preservation Trust Account to be used for
landscaping at the Municipal Complex, a copy of said agreement being
attached hereto as, rrExhibit 1".
SECTION 2z This Resolution sha1l become effecLive upon
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adoption.
PASSED, ADOPTED AND APPROVED this d-,
dA3 da of ,l_9 89 .
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2 ATTEST:
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22 CITY CLERK
I HEREBY CERTIFY that I haveapproved this Resolution as
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RICHARD
26 CITY ATTORNEY
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WU1-
RMAN TTZ
MAYOR
ReC0xu t, - -,rUlL VOTE
MAYOR
DISTRICT 1:
DISTRICT 2:
DISTRIGT3:
DISTRICT4:
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@c-m*at
&-*Z /''- -.*CAROL A. EVANS
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AGREEMENT
Between
BROWARD COUNTY
and
CITY OF TNTARAC
Relating to
DISBT'RSEI{ENT OF CERTAIN FT'NDS FROM THE
BROWARD COI'NTY TREE PRESERVATTON TRUST ACCOI'NT
This is an Agreement between: BROWARD COtNTy, apolitical subdivision of the state of Florida, its successorsand assigDS, hereinafter referred to as ,,COLINTyr,,
AND
crrY oF TAI'IARAC, a Frorida corporation, its successorsand assigDS, hereinafter referred to as rCITy.'r
WITNESSETH:
WHEREAS, glapter 33 L/2, Broward County Code ofordinances, established the Broward County Tree dreservationTrust Account for deposit of funds paia in rieu of thepranting of trees dj.spraced by dever6pment within BrowardCounty; and
wHEREAS, the Broward county Board of countycommissioners established the B-roward county rreePreservation Trust Account committee for the purfose ofconsidering proposed plans and making airpropriatereconmendations for the expenditure of rreL pi6servationTrust Account monies; and
WHEREAS, the crry has submitted an apprication fordisbursement of Two Thousand Eight Hundred'rirtv Dorrars
-($2r850.00) from the Broward counLy Tree preservation TrustAccount to finance a proposed randstaping of the site of thecity of Tamarac ltunicipai comprex, lotated at 7s2s Northwest88 Avenue, Tamarac; and
_ WHEREAST_on Jury 24, 1999, the Broward county TreePreservation Trust committee reviewed the prans submi€tea bythe crrY and unanimousry approved the planJ and request; and
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WHEREAS, the COUNTY and CITY wish to enter into anagreement to govern the disbursement of monies to finance the
approved project; NOI.{, THEREFORE,
IN CONSIDERATION of the mutual terms and conditions,promises and covenants hereinafter set forth, COUNTY and CITYagree as follows:
The COUNTY agrees to disburse to the CITY the sum of TtroThousand Eight Hundred Fifty Dollars ($Z,aSO.OO1 suchmonies coming from that portion of the Tree PreservationTrust Account Funds collected within the CITY.
The CITY agrees that the approved nonies shall only beused to finance the proposed project as outLined in the
CfTYTS application and plans. A copy of the CITYTS siteplan for the proposed project is attached hereto asExhibit r.A. ''
3 The CITY agrees to subrnit to the Broward County Buildingand Zoning Enforcement Division monthly statementsoutLining the CITY ! S expenditure of the TreePreservation Trust Account Funds disbursed to the CITYby the terms of this Agreement.
The CITY agrees to assume sole responsibility for themanagement and maintenance of the landscaping project tobe located at the site of the City of Tamarac MunicipalComplex, located at ?525 Northwest BB Avenue, Tamarac.
Both the CITY and the COUNTY agree that the BrowardCounty Building and Zoning Enforcement Division shaltperform a final inspection of the project to assurecompliance with the intent of the Tree preservation
Ordinance, Chapter 33 L/2, Section 331-1 through 331a-J2,Broward County Code of Ordinances.
It is understood and agreed that in the event anyperson, firm or corporation should sustain damages orclairu to have sustained damages by reason of thetransfer of funds hereunder, or by reason of the CITytSuse of funds transferred to CITY hereunder, CITY agreesto indennify and hold harmless COtNTy for aII costs,losses, expenses and damages to persons or property,including but not limited to judgments, costi andattorneyrs fees arising out of and in connection withthe clairn or cause of action, and if caIled upon byCOLTNTY, CITY shall take over and defend COUNTY, inaddition to itserf, dt no cost and expense to couNTy.
lhis paragraph shaI1 not be construed as waiving anydefenses, incruding the defense of sovereign immunity,of COUNTY or CITy to any action.
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IN WITNESS WHEREOF, the parties have made and executed
this Agreement on the respective dateS under each signature:
BROWARD cOtNTY through its BOARD OF COITNTY COMMISSIONERS,
signing by and through its Chairnan, authorized to execute
same by Board action on the day of
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!9_t and the CITY OF TAITIARAC, -ffi-ning- by ana-E-rorrl s
UalFcommissioner and city Manager, duly authorized to
execute same.
COT'NTY
ATTEST:
County Administrator and ByEx-Officio Clerk of theBoard of County Commissionersof Broward County, Florida
BROWARD COITNTY, through its
BOARD OF COUNTY COMMISSIONERS
NICKf E. GROSSMAN, Chairman
day of 19,
Approved as to forrn byOffice of County Attorney
Broward County, Florida
JOHN J. COPEI"AN, JR., County Attorney
Governmental Center, Suite 423
115 South Andrews AvenueFort Lauderdale, Florida 33301Telephone: (305) 357-7600Telecopier: (305) 357-764L
By
JOHN II{. MILLEDGEAssistant County Attorney
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AGREB{ENT BSHdEEN BROWARD COUNTY AND CITY OF TA}TARAC REI,ATING
TO DTSBURSEX.IENT OF CERTATN FUNDS FROU THE BROTIARD COUNTY TREE
PRESERVATTON TRUST AECOUNT
CITY
WITNESSES:CITY OF TAIIIARAC
.2O day of @,-,Dg7
ATTEST:
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(coRPoRATE SEAL)
day of
APPROVED AS TO FORM:
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