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HomeMy WebLinkAboutCity of Tamarac Resolution R-89-2701 2 3 4 5 6 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 9 10 11 12 13 74 15 i16' t7 18 23 adoption. PASSED, ADOPTED AND APPROVED this d-, dA3 da of ,l_9 89 . 1 2 ATTEST: 21 22 CITY CLERK I HEREBY CERTIFY that I haveapproved this Resolution as 24 to form. 25 RICHARD 26 CITY ATTORNEY 27 28 29 30 3 3 33 34 WU1- RMAN TTZ MAYOR ReC0xu t, - -,rUlL VOTE MAYOR DISTRICT 1: DISTRICT 2: DISTRIGT3: DISTRICT4: 35 @c-m*at &-*Z /''- -.*CAROL A. EVANS )MNN .P( 0 "6v k.t" R'81'a7o 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 -($2r850.00) from the Broward counLy Tree preservation TrustAccount to finance a proposed randstaping of the site of thecity of Tamarac ltunicipai comprex, lotated at 7s2s Northwest88 Avenue, Tamarac; and _ WHEREAST_on Jury 24, 1999, the Broward county TreePreservation Trust committee reviewed the prans submi€tea bythe crrY and unanimousry approved the planJ and request; and "tyrt-I R- gq aZDl, 1 2 4 5 WHEREAS, the COUNTY and CITY wish to enter into anagreement to govern the disbursement of monies to finance the approved project; NOI.{, THEREFORE, IN CONSIDERATION of the mutual terms and conditions,promises and covenants hereinafter set forth, COUNTY and CITYagree as follows: The COUNTY agrees to disburse to the CITY the sum of TtroThousand Eight Hundred Fifty Dollars ($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. 6 -2- ,'(y i.t- t" R- S?-J?o 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 -, !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 -3- 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: c tyc erk r( 0r*. 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