HomeMy WebLinkAboutCity of Tamarac Resolution R-2016-0611
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Temp. Reso. 12749
June 22, 2016
Page 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R- 2016 6 /
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF TAMARAC, FLORIDA AUTHORIZING
THE APPROPRIATE CITY OFFICIALS TO EXECUTE
A LANDSCAPE MAINTENANCE MEMORANDUM OF
AGREEMENT PENDING LEGAL REVIEW BETWEEN
FDOT AND THE CITY OF TAMARAC FOR
LANDSCAPE IMPROVEMENTS ON STATE ROAD
817 (UNIVERSITY DRIVE) BETWEEN MILEPOST
16.235 AND MILEPOST 16.346; AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO EXECUTE AN
ASSIGNMENT OF MAINTENANCE MEMORANDUM
AGREEMENT BETWEEN THE CITY OF TAMARAC
AND MURAL DEVELOPMENT, LLC; PROVIDING
FOR CONFLICTS; PROVIDING FOR SEVERABILITY;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Mural Development, LLC ("Developer") wishes to install landscape
improvements within the median in the right-of-way of State Road 817 (University
Drive) to afford the Developer additional space capable of being developed on its own
property; and
WHEREAS, the City received notice that the Florida Department of
Transportation ("FDOT") issued permit no. 2014-L-491-0010 for landscape
improvements within the right-of-way of State Road 817 (University Drive); and
WHEREAS, the State of Florida Department of Transportation ("FDOT") has
jurisdiction of State Road 817 as part of the State Highway System; and
WHEREAS, FDOT
requires
local government agencies
within which the
landscaped medians are
located
to maintain such landscaping
by entering into a
Temp. Reso. 12749
June 22, 2016
Page 2
Landscape Maintenance Memorandum Agreement (MMOA), a copy of which is hereto
attached as Exhibit I"; and
WHEREAS, pursuant to FDOT regulations, FDOT only enters into such MMOAs
with other local government agencies; and
WHEREAS, the landscaping contemplated is being installed within the FDOT
right-of-way solely to accommodate the Developer's request; and
WHEREAS, the Developer has voluntarily agreed to assume all of the duties,
responsibilities, and obligations set forth in the MMOA as the City is only entering into
the MMOA to facilitate the Developer's request; and
WHEREAS, per the Assignment of Maintenance Memorandum Agreement, the
City hereby assigns and the Developer hereby accepts all duties, responsibilities, and
obligations set forth in the MMOA pursuant to the terms of this Assignment of MMOA,
hereto attached as Exhibit "2"; and
WHEREAS, the Director of Public Services and the Director of Financial Services
recommend approval of the MMOA and the Assignment of MMOA, hereto attached as
Exhibit " 1 " and Exhibit "2", respectively, and
WHEREAS, the City Commission of the City of Tamarac deems it to be in the
best interest of the citizens and residents of the City of Tamarac to execute a
Landscape MMOA with FDOT following legal review, hereto attached as Exhibit I";
and
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Temp. Reso. 12749
June 22, 2016
Page 3
WHEREAS, the City Commission of the City of Tamarac deems it to be in the
best interest of the citizens and residents of the City of Tamarac to execute the
Assignment of Maintenance Memorandum Agreement, hereto attached as Exhibit "2".
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA:
Section 1: The foregoing "WHEREAS" clauses are HEREBY ratified and
confirmed as being true and correct and are HEREBY made a specific part of this
Resolution. All exhibits attached hereto and referenced herein are expressly
incorporated and made a specific part of this Resolution.
Section 2: The appropriate City Officials are HEREBY authorized to execute a
Landscape Maintenance Memorandum of Agreement (MMOA) between the City of
Tamarac and FDOT following legal review, and is hereto attached as Exhibit 1.
Section 3: The appropriate City Officials are HEREBY authorized to execute
the Assignment of Maintenance Memorandum Agreement between the City of Tamarac
and Mural Development, LLC hereto attached as Exhibit "2".
Section 4: All Resolutions in conflict herewith are HEREBY repealed to the
extent of such conflict.
Section 5: If any clause, section, other part or application of this Resolution is
held by any court of competent jurisdiction to be unconstitutional or invalid, in part or in
Temp. Reso. 12749
June 22, 2016
Page 4
application, it shall not affect the validity of the remaining portion or applications of this
Resolution.
Section 6.- This Resolution shall become effective immediately upon its adoption.
PASSED, ADOPTED AND APPROVED this day of , 2016.
HtRYRESSLER
MAYOR
ATTEST:
PATRICIA TEU EL C
CITY CLERK
RECORD OF COMMISSION VOTE:
MAYOR DRESSLER
DIST 1: COMM. BUSHNELL
DIST 2: COMM. GOMEZ J
DIST 3: VICE MAYOR GLASSER
DIST 4: COMM. PLACKO
I HEREBY CERTIFY THAT I HAVE
APPROVED THIS RESOLUTION
AS TO FORM
,I�y �
SA UEL S. O N
CITY ATTORNEY
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TR 12749 - EXHIBIT 1
SECTION No.:
Permit No. is):
COUNTY:.
S.R. No.:
86220
2014-L-491-0010
BROWARD
817
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
DISTRICT FOUR
LANDSCAPE MAINTENANCE MEMORANDUM OF AGREEMENT
THIS AGREEMENT, made and entered into this day of 2011,
by and between the STATE OF FLORIDA DEPARTMENT OF TRANS ORTATION, a
component agency of the State of Florida, hereinafter called the DEPARTMENT and the CITY
OF TAMARAC, a municipal corporation, existing under the Laws of Florida, hereinafter called
the AGENCY.
WITNESSETH:
WHEREAS, the DEPARTMENT has jurisdiction over State Road 817 (University Drive) as
part of the State Highway System as described in Exhibit "A"; and
WHEREAS, the AGENCY seeks to have installed by permit and maintain certain landscape
improvements within the right of way of State Road 817 (University Drive) as described within
Exhibit "B"; and
WHEREAS, as part of the continual updating of the State of Florida Highway System, the
DEPARTMENT, for the purpose of safety, protection of the investment and other reasons, has
constructed and does maintain the highway facility as described in Exhibit "A" attached hereto
and incorporated by reference herein, within the corporate limits of the AGENCY; and
WHEREAS, the AGENCY is agreeable to maintaining those landscape improvements within
the AGENCY'S limits including plant materials, irrigation system and/or hardscape which may
contain specialty surfacing (concrete pavers, color stamped concrete and color stamped asphalt
[also known as patterned pavement)) including any other nonstandard hadscape (if applicable),
but excluding standard concrete sidewalk, and agree such improvements shall be maintained by
periodic mowing, fertilizing, weeding, litter pick-up, pruning, necessary replanting, irrigation
repair and/or repair of the median concrete replacements associated with the specialty surfacing
(if applicable) as needed; and
WHEREAS, it is the intent of the AGENCY and the DEPARTMENT that the AGENCY shall
maintain all right of way within the medians, outside the travelway and improvements made to
the travelway that was made at the request of the AGENCY; and
WHEREAS, the parties hereto mutually recognize the need for entering into an Agreement
designating and setting forth the responsibilities of each party; and
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TR 12749 - EXHIBIT 1
WHEREAS, the AGENCY by Resolution No. `���'01dated 6" 20 /L, ,
attached hereto and by this reference made a part hereof, desires to enter into this Agreement
and authorizes its officers to do so; and
NOW THEREFORE, for and in consideration of the mutual benefits to flow each to the other,
the parties covenant and agree as follows:
1. The recitals set forth above are true and correct and are deemed incorporated herein.
2. INSTALLATION OF FACILITIES
The AGENCY shall install and agrees to maintain the landscape improvements described
herein as: plant materials, irrigation and/or hardscape on the highway facilities substantially
as specified in plans and specifications hereinafter referred to as the Project (s) and
incorporated herein as Exhibit "B". Hardscape shall mean, but not be limited to any site
amenities such as landscape accent lighting, bike racks, fountain, tree grates, decorative
free standing wall, and/or sidewalk, median and/or roadway specialty surfacing such as
concrete pavers, stamped colored concrete and/or stamped colored asphalt (also known as
patterned pavement).
(a) All plant materials shall be installed and maintained in strict accordance with sound
nursery practice prescribed by the International Society of Arboriculture (ISA). All
plant materials installed shall be Florida #1 or better according to the most current
edition of Florida Department of Agriculture, Florida Grades and Standards for
Nursery Stock, and all trees shall meet Florida Power & Light, Right Tree, Right
Place, South Florida.
(b) Trees and palms within the right of way shall be installed and pruned to prevent
encroachment to roadways, Lateral offsets and sidewalks. Definition of these
criteria is included in the most current editions of FDOT standards for design,
construction, maintenance, and utility operations on the state highway system and
Exhibit "C", the Maintenance Plan.
(c) Tree and palm pruning shall be supervised by properly trained personnel trained in
tree pruning techniques and shall meet the most current standards set forth by the
International Society of Arboriculture (ISA) and the American National Standard
Institute (ANSI), Part A-300.
(d) Irrigation installation and maintenance activities shall conform to the standards set
forth by the Florida Irrigation Society (FIS) latest edition of FIS, Standards and
Specifications for Turf and Landscape inigation Systems.
(e) The AGENCY shall provide the FDOT Local Operation Center accurate as -built
plans of the irrigation system so if in the future there is a need for the
DEPARTMENT to perform work in the area, the system can be accommodated as
much as possible. (See paragraph ( I ) for contact information)
(f) If it becomes necessary to provide utilities (watedelectricity) to the median or side
areas, it shall be the AGENCY'S responsibility to obtain a permit for such work
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TR 12749 - EXHIBIT 1
through the local Operations Center (see paragraph ( I ) below) and the AGENCY
shall be responsible for all associated fees for the installation and maintenance of
these utilities.
(g) All specialty surfacing shall be installed and maintained in strict accordance with
the most current edition of the Florida Accessibility Code for Building Construction
and the Interlocking Concrete Pavement institute (ICPI).
(h) All activities, including landscape improvements installation and future
maintenance operations performed on State highway right of way, must be in
conformity with the most current edition of the Manual on Uniform Traffic Control
(MUTCD) and FDOT Design Standards, Index 600 Series, Traffic Control through
Work Zones.
(i) The most current edition of FDOT Design Standards, Index 546 (Sight Distance at
Intersections) must be adhered to.
Q) Lateral Offsets as specified in the FDOT Plans Preparation Manual, Volume 1,
Chapters 2 and 4 and FDOT Design Standards, Index 700 must be adhered to.
(k) Landscape improvements shall not obstruct roadside signs or permitted outdoor
advertising signs, (see Florida Administrative Code [F.A.C.] Rule Chapter 14-10.)
(1) The AGENCY shall provide the local FDOT Operation Center located at Broward
Operations, 5548 NW Vh Avenue, Ft. Lauderdale, FL 33309 (954) 776A300, a
twenty-four (24) hour telephone number and the name of a responsible person that
the DEPARTMENT may contact. The AGENCY shall notify the local maintenance
office forty-eight (48) hours prior to the start of the landscape improvements.
(m) If there is a need to restrict the normal flow of traffic, it shall be done on non -
holiday, weekday off-peak hours (9 AM to 3 PM), and the party performing such
work shall give notice to the local law enforcement agency within whose jurisdiction
such road is located prior to commencing work on the landscape improvements.
The DEPARTMENT'S Operation Center Public Information Officer (see telephone
number in Paragraph ( I ) shall also be notified.
(n) The AGENCY shall be responsible to clear all utilities within the landscape
improvement limits before construction commences.
(o) The AGENCY shall follow the minimum level of maintenance guidelines as set
forth in FDOT'S Rule Chapter 14-40 Highway Beautification and Landscape
Management, in the FDOT Guide to Roadside Mowing and Maintenance
Management System, and Exhibit "E", the Maintenance Plan for maintenance
activities for landscape improvements.
3. MAINTENANCE OF FACILITIES
A. The AGENCY agrees to maintain the landscape improvements, as existing and those to be
installed, within the physical limits described in Exhibit "A" and as further described in
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TR 12749 - EXHIBIT 1
Exhibit "B". The non-standard improvements within and outside the travelway shall be
maintained by the AGENCY regardless if the said improvement was made by the
DEPARTMENT, the AGENCY, or others authorized pursuant to Section 7, by periodic
mowing, pruning, fertilizing, weeding, curb and sidewalk edging, litter pickup, necessary
replanting, irrigation system repair and/ or repair of any median concrete .replacement
associated with specialty surfacing (if applicable) following the DEPARTMENT'S landscape
safety and maintenance guidelines, Exhibit "C", the Maintenance Plan. The AGENCY'S
responsibility for maintenance shall include all landscaped, turfed and hardscape areas on
the sidewalk or within the medians and areas outside the travelway to the right of way
and/or areas within the travelway containing specialty surfacing. It shall be the responsibility
of the AGENCY to restore an unacceptable ride condition of the roadway caused by the
differential characteristics of non-standard travelway surfacing (if applicable) on
DEPARTMENT right of way within the limits of this Agreement.
B. Such maintenance to be provided by the AGENCY is specifically set out as follows: to
maintain, which means to properly water and fertilize all plant materials; to keep them as
free as practicable from disease and harmful insects; to properly mulch the planting beds; to
keep the premises free of weeds; to mow the turf to the proper height; to properly prune all
plants which at a minimum includes: (1) removing dead or diseased parts of plants, (2)
pruning such parts thereof to provide clear visibility to signage, permitted outdoor advertising
signs per Florida Statute 479.106 and for those using the roadway and/or sidewalk; (3)
preventing any other potential roadway hazards. Plant materials shall be those items which
would be scientifically classified as plants and including trees, palms, shrubs, groundcover
and turf. To maintain also means to remove or replace dead or diseased plant materials in
their entirety, or to remove or replace those that fall below original project standards. Palms
shall be kept fruit free year round. To maintain also means to keep the header curbs that
contain the specialty surfacing treatment in optimum condition. To maintain also means to
keep the nonstandard hardscape areas clean, free from weeds and to repair said hardscape
as is necessary to prevent a safety hazard. To maintain also means to keep litter removed
from the median and areas outside the travel way to the right of way line. All plants
removed for whatever reason shall be replaced by plants of the same species type, size,
and grade as specified in the original plans and specifications. Any changes to the original
plans shall be submitted by permit application to the DEPARTMENT for review and
approval.
C. If it becomes necessary to provide utilities (water/electricity) to the medians or areas outside
the travelway to maintain these improvements, all costs associated with the utilities
associated for the landscape improvements including any impact and/or connection fees,
and the on -going cost of utility usage for water and electrical, are the maintaining
AGENCY'S responsibility.
The AGENCY shall be directly responsible for impact and connection fees.
D. The maintenance functions to be performed by the AGENCY may be subject to periodic
inspections by the DEPARTMENT at the discretion of the DEPARTMENT. Such inspection
findings will be shared with the AGENCY and shall be the basis of all decisions regarding,
repayment, reworking or agreement termination. The AGENCY shall not change or deviate
from said plans without written approval of the DEPARTMENT.
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TR 12749 - EXHIBIT 1
4. NOTICE OF MAINTENANCE DEFICIENCIES
A. If at any time after the AGENCY has undertaken the landscape improvements installation
and/or maintenance responsibility for the landscape improvements it shall come to the
attention of the DEPARTMENT'S District Secretary that the limits, or a part thereof, are not
properly maintained pursuant to the terms of this Agreement, said District Secretary, may at
his/her option, issue a written notice that a deficiency or deficiencies exist(s), by sending a
certified letter to the AGENCY, to place said AGENCY on notice thereof. Thereafter, the
AGENCY shall have a period of thirty (30) calendar days within which to correct the cited
deficiencies. If said deficiencies are not corrected within this time period, the DEPARTMENT
may, at its option, proceed as follows:
(1) Maintain the landscape improvements or any part thereof, with the
DEPARTMENT or Contractor's personnel and invoice the AGENCY for expenses
incurred, and/or
(2) At the discretion of the DEPARTMENT, terminate the Agreement in accordance
with Paragraph 8 of this Agreement and remove, by the DEPARTMENT or
Contractor's personnel, all of the landscape improvements installed under this
Agreement or any preceding Agreements, except as to trees and palms, and
charge the AGENCY the reasonable cost of such removal.
5. FUTURE DEPARTMENT IMPROVEMENTS
It is understood between the parties hereto that the landscape improvements covered by
this Agreement may be removed, relocated, or adjusted at any time in the future, as
determined to be necessary by the DEPARTMENT in order that the adjacent state road be
widened, altered, or otherwise changed to meet future criteria or planning needs of the
DEPARTMENT.
The AGENCY shall be given sixty (60) calendar day notice to remove said landscape
improvements at the AGENCY' expense after which time the DEPARTMENT may remove
same. All permits (including tree permits), fees, and any mitigation associated with the
removal, relocation or adjustments of these improvements are the maintaining AGENCY'S
responsibility.
6. FUTURE AGENCY IMPROVEMENTS
The AGENCY may construct additional landscape improvements within the limits of the
landscape improvements rights of ways identified as a result of this document, subject to the
following conditions:
(a) Plans for any new landscape -improvements shall be subject to approval by the
DEPARTMENT. The AGENCY shall not change or deviate from said plans without
written approval by the DEPARTMENT.
(b) All landscape improvements shall be developed and implemented in accordance
with appropriate state safety and roadway design standards.
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TR 12749 - EXHIBIT 1
(c) The AGENCY agrees to comply with the requirements of this Agreement with
regard to any additional landscape improvements it chooses to have installed and
there will be no cost to the DEPARTMENT.
7. ADJACENT PROPERTY OWNER IMPROVEMENTS
The DEPARTMENT may allow an adjacent property owner to construct additional landscape
improvements within the limits of the right of way identified in Exhibit "A" of this Agreement
that the AGENCY shall be responsible for maintaining under this Agreement, subject to the
following conditions:
(a) Plans for any new landscape improvements shall be subject to approval by the
DEPARTMENT and shall require a valid permit attached with a letter of consent to
said plans by the AGENCY. The plans shall not be changed or deviated from
without written approval by the DEPARTMENT and the AGENCY.
(b) All landscape improvements shall be developed and implemented in accordance
with appropriate state safety and roadway design standards.
(c) The AGENCY agrees to comply with the requirements of this Agreement with
regard to any additional landscape improvements installed by an adjacent owner.
8. AGREEMENT TERMINATION
In addition to those conditions otherwise contained herein, this Agreement may be
terminated under any one (1) of the following conditions:
(a) By the DEPARTMENT, if the AGENCY fails to perform its duties under this
Agreement, following ten (10) days written notice.
(b) By the DEPARTMENT, for refusal by the AGENCY to allow public access to all
documents, papers, letters, or other material subject to the provisions of Chapter
119, Florida Statutes, and made or received by the AGENCY in conjunction with
this Agreement.
9. AGREEMENT TERM
(a) The term of this Agreement commences upon execution by all parties. The term of
this Agreement shall remain in effect for twenty-five (25) years.
(b) If the DEPARTMENT chooses to cancel the landscape improvements described in
Exhibit "B", this Agreement becomes void and the original Agreement is
reinstated, if any.
10. LIABILITY AND INSURANCE REQUIREMENTS
A. With respect to any of the AGENCY'S agents, consultants, sub -consultants, contractors
and/or sub -contractors, such party in any contract for the landscape improvements shall
agree to indemnify, defend, save and hold harmless the DEPARTMENT from all claims,
demands, liabilities, and suits of any nature arising out of, because of or due to any
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TR 12749 - EXHIBIT 1
intentional and/or negligent act or occurrence, omission or commission of such agents,
consultants, subconsultants, contractors and/or subcontractors. The AGENCY shall provide
to the DEPARTMENT written evidence of the foregoing upon the request of the
DEPARTMENT. It is specifically understood and agreed that this indemnification clause
does not cover or indemnify the DEPARTMENT for its own negligence.
B. In the event that AGENCY contracts with a third party to provide the services set forth
herein, any contract with such third party shall include the following provisions:
(1) AGENCY'S contractor shall at all times during the term of this Agreement keep
and maintain in full force and effect, at contractor's sole cost and expense,
Comprehensive General Liability with minimum limits of $1,000,000.00 per
occurrence combined single limit for Bodily Injury Liability and Property Damage
Liability and Worker's Compensation insurance with minimum limits of
$500,000.00 per Liability. Coverage must be afforded on a form no more
restrictive than the latest edition of the Comprehensive General Liability and
Worker's Compensation policy without restrictive endorsements, as filed by the
Insurance Services Office. The AGENCY and DEPARTMENT shall be named as
additional insured on such policies.
(2) AGENCY'S contractor shall furnish AGENCY with Certificates of Insurance of
Endorsements evidencing the insurance coverage specified herein prior to the
beginning performance of work under this Agreement.
(3) Coverage is not to cease and is to remain in full force and effect (subject to
cancellation notice) until all performance required of AGENCY'S contractor is
completed. All policies must be endorsed to provide the DEPARTMENT with at
least thirty (30) day notice of cancellation and orlor restriction. If any of the
insurance coverage will expire prior to the completion of work, copies of renewal
policies shall be furnished at least (30) days prior to the date of expiration.
11. E-VERIFY REQUIREMENTS
The AGENCY shall:
(a) Utilize the U.S. Department of Homeland Security's E-Verify system to verify the
employment eligibility of all new employees hired by the AGENCY during the term
of the contract; and
(b) Expressly require any subcontractors performing work or providing services
pursuant to the state contract to likewise utilize the U.S. Department of Homeland
Security's E-Verify system to verify the employment eligibility of all new employees
hired by the subcontractor during the contract term.
12. SUPERSEDED AGREEMENTS
This writing embodies the entire Agreement and understanding between the parties hereto
and there are no other Agreements and understanding, oral or written, with reference to the
subject matter hereof that are not merged herein and superseded hereby.
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13. FISCAL TERMS
The DEPARTMENT, during any fiscal year, shall not expend money, incur any liability, or
enter into any contract which, by its terms, involves the expenditure of money in excess of
the amounts budgeted as available for expenditure during such fiscal year. Any contract,
verbal or written, made in violation of this subsection is null and void, and no money will/may
be paid on such contract. The DEPARTMENT shall require a statement from the
Comptroller of the DEPARTMENT that funds are available prior to entering into any such
contract or other binding commitment of funds. Nothing herein contained shall prevent the
making of contracts for periods exceeding one (1) year, but any contract so made shall be
executory only for the value of the services to be rendered or agreed to be paid for in
succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts of
the DEPARTMENT which are for an amount in excess of TWENTY-FIVE THOUSAND
DOLLARS ($25,000.00) and which have a term for a period of more than one year.
14. DISPUTES
The DEPARTMENT'S District Secretary shall decide all questions, difficulties, and disputes
of any nature whatsoever that may arise under or by reason of this Agreement, the
prosecution or fulfillment of the service hereunder and the character, quality, amount and
value thereof; and his decision upon all claims, questions, and disputes shall be final and
conclusive upon the parties hereto.
15. ASSIGNMENT
This Agreement may not be assigned or transferred by the AGENCY, in whole or in part,
without the prior written consent of the DEPARTMENT.
16. LAWS GOVERNING
This Agreement shall be governed by and construed in accordance with the laws of the
State of Florida. In the event of a conflict between any portion of the contract and Florida
law, the laws of Florida shall prevail. The AGENCY agrees to waive forum and venue and
that the DEPARTMENT shall determine the forum and venue in which any dispute under
this agreement is decided.
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17. NOTICES
Any and all notices given or required under this Agreement shah be in writing and either
personally delivered with receipt acknowledgement or sent by certified mail, return receipt
requested. All notices shall be sent to the following addresses:
If to the DEPARTMENT: If to the AGENCY:
State of Florida Department of Transportation City of Tamarac
3400 West Commercial Blvd. 7525 N.W. 88t" Avenue
Ft. Lauderdale, FL 33309-3421 Tamarac, Florida 33321
Attention: Elisabeth Hassett, R.L.A. Attention: City Manager
FDOT District IV Landscape Architect
18. LIST OF EXHIBITS
Exhibit A: Landscape Improvements Maintenance Boundaries
Exhibit B: Landscape Improvement Plans
Exhibit C. Maintenance Plan for Landscape Improvements
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TR 12749 - EXHIBIT 1
IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective the day
and year first above written.
CITY OF
Chairperson/Mayor/Manager
h Mi1.:-5
•-
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
By: OF FLO
Trans at' n Development Di
rn
O
Attest:• AL)
Executive Secretary
i
Legal Review Date
- � a4� al Review Date
ice of the General Counsel
6: ,
:ESTABLISHED •; Q -
03 . 1933
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TR 12749 - EXHIBIT I
SECTION No.:
Permit No. (9):
COUNTY.
S.R. No.:
EXHIBIT A
86220
2014-L-491 -0010
BROWARD
817
LANDSCAPE IMPROVEMENTS MAINTENANCE BOUNDARIES
I. LIMITS OF MAINTENANCE FOR LANDSCAPE IMPROVEMENTS:
State Road 817 (University Drive) from (M.P. 16.235) to (M.P. 16.346)
11. LANDSCAPE IMPROVEMENTS MAINTENANCE RESPONSIBILITIES MAP:
Please see attached map
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TR 12749 - EXHIBIT 1
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TR 12749 - EXHIBIT 1
SECTION No.:
Permit No. (3):
COUNTY:
S.R. No.:
EXHIBIT B
LANDSCAPE IMPROVEMENT PLANS
86220
2014-L-491 -0010
BROWARD
817
The AGENCY agrees to install the landscape improvements in accordance with the plans
and specifications attached hereto and incorporated herein.
Please see attached plans prepared by: Kim Mayers Landscape Architect
Kim Moyers, RLA
Date: December 3, 2015
S:\Transportation Development\Designft-House Design1andscape Arch i tectu re \AG RE EMENTV
MOA\TAMARAGNT,gmar@cMMOA—SR7(14-L-491-0010)\Tamarao-3R817-14-L-491-0010 (12-31-15),docx
Page 12 of 19
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EXHIBIT 1
TR 12749 - EXHIBIT I
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TR 12749 - EXHIBIT 1
SECTION No.:
Permit No. (s):
COUNTY:
S.R. No.:
EXHIBIT C
86220
2014-L-491-0010
BROWARD
817
MAINTENANCE PLAN FOR LANDSCAPE IMPROVEMENTS
This Exhibit forms an integral part of the DISTRICT FOUR (4) LANDSCAPE
MAINTENANCE MEMORANDUM OF AGREEMENT between the State of Florida,
Department of Transportation and the AGENCY.
Please see attached
&\Transportation DevefopmentUesignVri-House DesigMl-andscape Arch itecture\AGREEMENT511
MOAiTAMARAC1TamaracMMOA_SR7(14-L-491-0010)1Tamarac 5R817_14-L-491-0010 (12-31-15).docx
Page 13 of 19
TR 12749 - EXHIBIT 1
Project State Road No(s):
Permit No(s):
Maintaining Agency:
RLA of Record:
Date:
MAINTENANCE PLAN
Landscape Improvements
817 (University Drive) From (M.P. 16.265) to
(M.P. 16.346)
2014-L-491-0010
City of Tamarac
Kim Moyers
December 3, 2016
I. GENERAL MAINTENANCE REQUIREMENTS AND RECOMMENDATIONS:
The purpose of a plan for the landscape improvements maintenance practices is to allow the
plant material on your project to thrive in a safe and vigorous manner while fulfilling their
intended purpose and conserving our natural resources. Plantings and all other landscape
improvements shall be maintained to avoid potential roadway hazards and to provide
required clear visibility, accessibility, clearance, and setbacks as set forth by Florida
Department of Transportation (FDOT) governing standards and specifications: FDOT
Design Standards, FDOT Plans Preparation Manual Vol. 1, Chapter 2.11 and FDOT
Standard Specifications for Road and Bridge Construction, as amended by contract
documents, and all other requirements set forth by the District 4 Operations Maintenance
Engineer. The initial portion of the Maintenance Plan describes general maintenance
requirements and recommendations. The concluding section provides
recommendations prepared by the Registered Landscape Architect of Record specific
to the attached approved plans.
WATERING REQUIREMENTS
Watering is a critical concern for not only the maintenance of healthy plant material but also
for observing water conservation practices. The amount of water to apply at any one time
varies with the weather, drainage conditions and water holding capacity of the soil. For plant
materials that have been established, it is imperative that any mandated water restrictions
be fully conformed to on FDOT roadways.
Proper watering techniques should provide even and thorough water dispersal to wet the
entire root zone, but not saturate the soil or over -spray onto travel lanes.
IRRIGATION SYSTEM
The Agency shall ensure there are no roadway overspray or irrigation activities during
daytime hours (most notably "rush hour" traffic periods). It is imperative the irrigation
controller is properly set to run early enough that the watering process will be entirely
completed before high traffic periods, while adhering to mandated water restrictions. To
ensure water conservation, the Agency shall monitor the system for water leaks and the rain
sensors to ensure they are functioning properly so that the system shuts down when there is
sufficient rainfall.
INTEGRATED PLANT MANAGEMENT
An assessment of each planting area's soil is recommended to periodically determine the
nutri?nt levels needed to sustain healthy, vigorous plant growth.
S1Transportation Development\Designlln-House Design1andscape Architecture\AGREEMENTS11
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TR 12749 - EXHIBIT 1
Palms, shrubs, trees and turf areas shall be fertilized in such a manner and frequency to
ensure that the plant material remains healthy and vigorously growing. Please be alert to
changes in fertilization types per University of Florida, institute of Food and Agricultural
Services (I.F.A.S.) recommendations. Establishment of an integrated pest management
program is encouraged to ensure healthy plants, which are free of disease and pests.
MULCHING
Mulch planting beds in such a manner as to prevent weed growth, retain moisture to the
plants, protect against soil erosion and nutrient loss; maintain a more uniform soil
temperature, and improve the appearance of the planting beds. Avoid mulch mounded up
on the trunks of trees, palms, and the base of shrubs to encourage air movement in this
area which aids in lowering disease susceptibility. Cypress mulch is prohibited on state right
of way.
PRUNING
All pruning, and the associated safety criteria, shall be performed according to American
National Standard Institute (ANSI) A300 standards and shall be supervised by an
International Society of Arboriculture (ISA) Certified Arborist. Pruning shall be carried out
with the health and natural growth of plant materials in mind, to specific pruning heights
maintaining clear visibility for motorists, and provide vertical clearance for pedestrian,
bicyclist, and truck traffic where applicable. Visibility windows must be maintained free of
view obstructions, and all trees and palms must be maintained to prevent potential roadway
and pedestrian hazards, all palms are to be kept fruit free. The specific pruning heights are
determined by understanding the designer's intent when selecting and placing the plants.
The intended mature maintained height and spread of plants are noted on the plans (See
Exhibit B.) and see Part II. Specific Requirements and Recommendations for guidelines.
The understory plant materials selected for use within the restricted planting areas (Limits of
Clear Sight) are to be maintained at a height in compliance with FDOT Design Standards
Index 546; Page 6 of 6, Window Detail. Vertical tree heights must meet FDOT Maintenance
Rating Program (MRP) standards.
STAKING AND GUYING
All staking materials, except for replacements, are to be removed by the completion of
FDOT warranty period or at one year (whichever comes first). Any subsequent staking and
guying activities by the Agency must adhere to FDOT Design Standards guidelines (See
Index 544). The Agency shall closely monitor staking and guying attachment materials so
that they are securely fastened to avoid potential roadway hazards.
TURF MOWING:
All grassed areas are to be mowed and trimmed with sufficient frequency to maintain a
deep, healthy root system while providing a neat and clean appearance to the urban
landscape. All turf efforts, mowing, curb/sidewalk edging and turf condition, must at a
minimum, meet FDOT Maintenance Rating Program (MRP).
LITTER CONTROL:
The project site shall remain as litter free as practicable. It is recommended to recycle this
litter to avoid unnecessary waste by its reuse. Litter removal efforts must meet FDOT
Maintenance Rating Program (MRP) standards.
SATransportation Development0esigMin-House Design1andscape Architect u re\AG R EEMENTS1 1
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Rage 15 of 19
TR 12749 - EXHIBIT 1
WEEDINGIHERBICIDE
All planting areas shall be maintained as weed free as practicable by enlisting integrated
pest management practices in areas specified on the plans and maintaining proper mulch
levels. Extreme care is recommended when using a chemical herbicide to avoid overspray
onto plant materials. It is the applicator's responsibility to restore any damage, resulting from
overspray to the plantings, per the approved plans.
PLANT REPLACEMENT
Plant replacement shall be the same species and specification as the approved plan. Move
and replace all plant materials that may conflict with utility relocations and service. Only
plants graded Florida #1 or better, per the Florida Department of Agriculture and Consumer
Services, Grades and Standards for Nursery Plants are permitted on FDOT roadways.
Should it become necessary to change the species, a general use permit is required from
FDOT for approval by the FDOT District Landscape Architect.
HARDSCAPE (SPECIALTY SURFACING)
All tree grates and specialty surfacing (if applicable) shall be maintained in such a manner
as to prevent any potential tripping hazards and protect damage to the pavers and tree
grates. Final surface tolerance from grade elevations shall, at a minimum, meet the most
current Interlocking Concrete Pavement Institute (/CPI), Guide Specifications for Pavers on
an Aggregate Base, Section 23 14 13 Interlocking Concrete Pavers, Part 3.05. If the
specialty surfacing or tree grates become damaged, they shall be replaced with the same
type and specification as the approved plan.
HARDSCAPE (NON-STANDARD) TRAVELWAY SURFACING
It shall be the responsibility of the AGENCY to restore an unacceptable ride condition of the
roadway, including asphalt pavement (if applicable), caused or contributed.by the installation
or failure of non-standard surfacing, and/or the header curb, on the Department of
Transportation right of way within the limits of this Agreement. Pavement restoration areas
or "patches" will have a minimum length of 10-ft, measured from the edge of the header
curb, and a width to cover full lanes for each lane affected by the restoration.
Pavement restoration will be performed in accordance with the most current edition of the
FDOT Standard Specifications for Road and Bridge Construction, and the FDOT Design
Standards for Design, Construction, Maintenance and Utility Operations on the State
Highway System.
It shall be the responsibility of the AGENCY to maintain all signs located within a non-
standard surfacing area. Such maintenance to be provided by the AGENCY shall include
repair and replacement of the sign panel, post, and base.
SATransportation aevelopmeriWesignft-House besign\Landscape ArchitecturetiAGREEMENTS11
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Page 16 of 19
TR 12749 - EXHIBIT 1
HARDSCAPE (LANDSCAPE ACCENT LIGHTING)
Landscape accent lighting shall be maintained in such a manner as to prolong the life of the
lighting fixture and prevent potential safety hazards. If the lighting fixtures and their system
become damaged, they shall be replaced with the same type and specification as the
approved plan. Landscape lighting shall meet requirements for the sea turtle nesting and
hatching.
MAINTENANCE OF TRAFFIC CONTROL
Reference the FDOT website regarding the selection, of the proper traffic control
requirements to be provided during routine maintenance and / or new installations of this
DOT roadway.
VEGETATION MANAGEMENT AT OUTDOOR ADVERTISING (ODA)
To avoid conflicts with permitted outdoor advertising, please reference the State of Florida
website regarding,the vegetation management of outdoor advertising. This website provides
a portal to search the FDOT Outdoor Advertising Inventory Management System Database.
The database contains an inventory of outdoor advertising structures, permits and other
related information maintained by the Department.
Also, reference the Florida Highway Beautification Program website link for °Vegetation
Management at ODA signs" "Florida Statutes" and "Florida Administrative Codes related to
vegetation management at outdoor advertising sign, permit applications for vegetation
management and determining mitigation value of roadside vegetation.
II. SPECIFIC PROJECT SITE MAINTENANCE REQUIREMENTS AND RECOMMENDATIObIS
The design intent of the proposed trees is to provide a tree lined streetscape along the
project right of way. This will screen objectionable views of our proposed development and
will restore the natural in the area. The trees should be maintained in their natural
habit/form.
S:tTransportation DevefoprmenMesignVn-House Design1andscape Arch itectureNAGREEMENTS11
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Page 17 of 19
TR 12749 - EXHIBIT 1
REFERENCES
This reference list is provided as a courtesy. The list may not contain the most current
websites. The most current references must be accessed for up to date information.
Accessible Sidewalk (ADA)
http:/Mww. access-board.g ov/guidelines-and-standards/streets-sidewalks
Americans with Disabilities Act (ADA) (ADAAG)
http://www.ada.gov/2010ADAstandards index htm
American National Standard Institute, ANSI A300, (Part 1) for Tree Carla Operations -
Trees, Shrub, and Other Woody Plant Maintenance - Standard Practices (Pruning),
available for purchase
http: //vuebstore. ansi. ora
Florida Department of Agriculture and Consumer Services, Division of Plant Industry, Florida
Grades and Standards for Nursery Plants
http://www.freshfromflorida. com/Divisions-Offices/Plant-Industry/Bureaus-and-
ServicesBureau-of-Plant-and-Apiary-Inspection/Plant-Inspection#pubs
Florida Department of Community Affairs (DCA), Florida Board of Building Codes &
Standards, 2010 Florida Building Code, Chapter 11 Florida Accessibility Code for Building
Construction Part A
httg://www2.iccsafe.o[g/states/florida codes/
Florida Department of Transportation, FDOT Design Standards for Design, Construction,
Maintenance and Utility Operations on the State Highway System, Index 544 Landscape
Installation
http://www.dot.state.fl.us/rddesign/DS/15/IDx/00544 pdf
Florida Department of Transportation, FDOT Design Standards for Design, Construction,
Maintenance and Utility Operations on the State Highway System, Index 546 Sight Distance
at Intersections
http://www.dot.state.fl.us/rddesign/DS/15/IDx/00546 pdf
Florida Department of Transportation, FDOT Design Standards for Design, Construction,
Maintenance and Utility Operations on the State Highway System, Index 600 Traffic Control
through Work Zones
httl2://www.dot.state.fl.us/rddesign/DS/l5/IDx/00600 pdf
Florida Department of Transportation, FDOT Design Standards for Design, Construction,
Maintenance and Utility Operations on the State Highway System, Index 700 Roadside
Offsets
http://www.dot.state.fl.us/rddesign/DS/15/IDx/00700 pdf
Florida Department of Transportation, FDOT Plans Preparation Manual (PPM) Vol. I
Chapter 2.11 Lateral Offset
S:1Transportation DevelopmentUesignlin-House DesignlLandscapeArchitecturelAGREEMENTSI1
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Page 18 of 19
TR 12749 - EXHIBIT 1
Table 2.11.5 Lateral Offset Clearance to Trees
Table 2.11.11 Recoverable Terrain
http://www.dot.state.fl.us/rddesign/PPMManual/2014PPM.shtm
Florida Department of Transportation, FDOT Standard Specifications for Road and Bridge
Construction, Section 580 Landscape Installation
httt)://www.dot.state.fl-us/specificationsoffice/Maintenance/Jul14/Files/SS5800000 doc
http://www. dot. state.fl, us/specificationsoffice/Implemented/Workbooks/JulWorkbook2Ol4/Fil
es/SP5800000FA.pdf
Florida Department of Transportation, Landscape Architecture Website
www.MvFloridaBeautiful.com
Florida Department of Transportation, Maintenance Rating Program Handbook
http://www.dot.state.fl.us/statemaintenanceoffice/MaintRatin-Program shtm
Florida Department of Transportation Outdoor Advertising Database
hftp://www2.dot.state.fl.us/Nqhtofwav/
Florida Exotic Pest Plant Council Invasive Plant Lists
http://Www.fl@ppc.pr-q/list/list.htm
Florida Irrigation Society
http;/hvww.fisstate.org
Florida Power and Light (FPL), Plant the Right Tree in the Right Place
htt2://www.fDl.com/residential/trees/right tree right place shtml
A Guide to Roadside Vegetation Management
http://www.dot.state.fl. us/statemaintenanceofFice/DOT%20Final%20(3)Turf%20Manaaem
ent%20Guide%20UF. Pdf
Interlocking Concrete Pavement Institute (ICPI)
http:/Mww.icpi.arg/
International Society of Arboriculture (ISA)
www.isa-arbor.com
OF IFAS: Selecting Tropical and Subtropical Tree Species for Wind Resistance
http://edis.ifas.ufl.edu/t)dffiles/FR/FR17500 pdf
OF IFAS: Fertilization of Field -grown and Landscape Palms in Florida
hftp://edis.ifas.ufl.edu/eD261
U.S. Department of Transportation, Federal Highway Administration, Manual on Uniform
Traffic Control Devices
http://www.mutcd.fhwa.dot.gov
S:\Transportaban Development\Designlln-House Design1andscape ArchitecturelAGREEIIENTS11
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ASSIGNMENT OF MAINTENANCE MEMORDANUM AGREEMENT
THIS MAINTENAN E AGREEMENT made and entered into this4 day of
20 �. , by and between the CITY OF TAMARAC, FLORIDA, a
municipk corporation of the State of Florida, with a business address of 7525 N. W. 88`l'
Avenue, Tamarac, FL 33321, hereinafter referred to as the "CITY," and MURAL
DEVELOPMENT LLC, a Florida Limited Liability Company, with a business address of 2000
Island Boulevard, Unit 2708, Aventura, FL 33160, authorized to do business in the State of
Florida, hereinafter referred to as the "DEVELOPER." CITY and DEVELOPER shall
hereinafter be referred to collectively as "the Parties."
RECITALS
WHEREAS, the DEVELOPER owns real property located in the City of Tamarac,
Florida at 6400 North University Drive, Tamarac, FL, as more particularly described as follows:
Parcels A & B of REGINA SUBDIVISION, according to the Plat thereof as
recorded in Plat Book 141, Page 23, of the Public Records of Broward County,
Florida; and
WHEREAS, the DEVELOPER sought a permit from the CITY to install landscape
improvements and requested that a portion of the required landscape improvements be placed
within the median in the right-of-way of State Road 817 (University Drive) to afford the
DEVELOPER additional space capable of being developed on its own property; and
WHEREAS, the State of Florida Department of Transportation ("FDOT") has
jurisdiction over State Road 817 (University Drive) as part of the State Highway System; and
WHEREAS, medians on such rights -of -way are frequently landscaped to enhance the
visual appearance of the community; and
WHEREAS, FDOT requires those local government agencies within which the
landscaped medians are located to maintain such landscaping by entering into a Landscape
Maintenance Memorandum Agreement ("MMOA") attached as Exhibit "I"; and
WHEREAS, pursuant to FDOT regulations, FDOT only enters into such MMOAs with
other local governmental agencies; and
WHEREAS, the landscaping contemplated herein is being installed within the median
solely to accommodate the DEVELOPER's request; and
WHEREAS, the DEVELOPER has voluntarily agreed to assume all of the duties,
responsibilities and obligations set forth in the MMOA as the CITY is only entering into the
MMOA to facilitate the DEVELOPER's request;
(00118007.2 2704-0501640)
NOW, THEREFORE, in consideration of the mutual covenants and other good and
valuable consideration as set forth herein the receipt and sufficiency of which is hereby
acknowledged, the Parties agree as follows:
1. CITY hereby assigns and DEVELOPER hereby accepts all the duties, responsibilities and
obligations set forth in the MMOA pursuant to the terms of this Assignment of MMOA.
2. DEVELOPER has reviewed the MMOA and hereby agrees to assume all of the
obligations, liabilities and responsibilities for complying with its terms, conditions, and
requirements imposed upon the CITY and that it shall be fully and solely responsible for
and shall bear all the costs, responsibilities and liabilities of maintaining in good
condition, the landscaping within the right-of-way as the same is defined and described in
the MMOA.
3. DEVELOPER hereby agrees to indemnify and hold harmless the CITY, its elected and
appointed officers, agents, servants, assigns, employees, consultants and its
subcontractors, from and against any and all claims, demands, or causes of action
whatsoever, and the resulting losses, damages, costs and expenses, including but not
limited to attorney's fees, at trial and appellate levels, including paralegal expenses,
liabilities, damages, orders, judgments, or decrees, sustained by the CITY arising out of
or resulting from DEVELOPER's failure to comply with the terms of this Maintenance
Agreement or the MMOA.
4. This Maintenance Agreement shall be enforceable running against the DEVELOPER, its
heirs, successors, and assigns, and shall be a covenant to run with the land.
5. DEVELOPER shall bear all costs associated with recording this Agreement in the public
records of Broward County, FL.
6. In the event that the CITY is required to perform any act required by the MMOA or
FDOT associated with the MMOA on behalf of the DEVELOPER, the DEVELOPER
shall reimburse the CITY upon written notice or the CITY shall be deemed to have a lien
against the DEVELOPER's property, which lien will be inferior only to any existing first
mortgage then encumbering said property, ad valorem taxes, and such other liens,
impositions and assessments as may be given priority by applicable statutes. Said liens
shall be for all costs incurred by the CITY together with interest thereon computed at the
applicable legal interest rate. In the further event that the CITY is required to undertake
further collection efforts or to otherwise foreclose its lien, the CITY will be entitled
additionally to receive its reasonable attorney's fees and costs, at trial and appellate
levels, including paralegal expenses, expended in connection with such foreclosure or
collection efforts.
7. Whenever either party desires to give notice unto the other, it must be given by written
notice, sent by registered United States mail, with return receipt requested, addressed to
100118007.2 2704-05016401 2
the party for whom it is intended, at the place last specified, and the place for giving
notice shall remain such until it shall have been changed by written notice in compliance
with the provisions of this Article. For the present, the parties designate the following as
the respective places for giving of notice, as follows:
For the DEVELOPER: Allan Ciftci
Managing Partner
MURAL DEVELOPMENT LLC
2000 Island Boulevard, Unit 2708
Aventura, FL 33160
Phone: (305)607-4662
Email: ciftc@aol.com
For the CITY: Michael C. Cernech, City Manager
City of Tamarac
7525 NW 88`h Avenue
Tamarac, FL 33321
Phone: (954) 597-3510
Fax: (954)597-3520
Email: michael.cernech@tamarac.org
With Copies to: Jack Strain, Director, Public Services
City of Tamarac
9901 NW 77 Street
Tamarac, FL 33321
Phone: (954) 597-3700
Fax:(954)597-3710
Email: jack.strain @ tamarac.org
Samuel S. Goren, City Attorney
Goren, Cherof, Doody & Ezrol, P.A.
3099 East Commercial Blvd, Suite 200
Fort Lauderdale, FL 33308
Phone: (954) 771-4500
Fax: (954)771-4923
Email: SGoren@cityatty.com
8. Exhibits. Each Exhibit attached hereto or referenced in the MMOA forms an essential part
of this Agreement and is specifically incorporated within this Agreement and if not
physically attached, should be treated as part of this Agreement and are hereby incorporated
herein by this reference.
(00118007.2 2704-0501640E 3
9. Amendment. No modification, amendment, or alteration of the terms and conditions
contained herein shall be effective unless contained in a written document executed with
the same formality and of equal dignity herewith.
10. Assignment. The DEVELOPER shall not transfer, assign or subcontract the obligations
and responsibilities provided for in this Agreement without the prior written consent of
the CITY.
11. Compliance with Laws. The DEVELOPER shall, without additional expense to the
CITY, be responsible for obtaining any necessary licenses and for complying with any
and all applicable federal, state, county and municipal laws, codes and regulations in
connection with the performance of the activities described herein.
12. Third Party Beneficiaries. Neither the DEVELOPER nor the CITY intend to directly or
substantially benefit a third party by this Agreement. Therefore, the parties agree that
there are no third party beneficiaries to this Agreement and that no third party shall be
entitled to assert a claim against either of them based upon this Agreement. The parties
expressly acknowledge that it is not their intent to create any rights or obligations in any
third person or entity under this Agreement.
13. Joint Preparation. The parties hereto acknowledge that they have sought and received
whatever competent advice and counsel as was necessary for them to form a full and
complete understanding of all rights and obligations herein and that the preparation of
this Agreement has been a joint effort of the parties, the language has been agreed to by
parties to express their mutual intent and the resulting document shall not, solely as a
matter of judicial construction, be construed more severely against one of the parties than
the other.
14. Applicable Law and Venue. This Agreement shall be interpreted and construed in
accordance with and governed by the laws of the State of Florida. Any controversies or
legal matters arising out of this Agreement and any action involving the enforcement or
interpretation of any rights hereunder shall be submitted to courts located in Broward
County, Florida.
{THE REMAIDER OF THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK}
(001180072 2704-0501640E 4
IN WITNESS WHEREOF, the Parties hereto have hereunto set their hands and seals the day
and year first above written.
ATTEST:
Patricia A. Teufel, CMC
CITY Clerk PMARA(C,,����
41 -c Z=�
Type/Print Name of Corporate Secy.
(CORPORATE SEAL)
CITY OF TAMARAC:
tic"haelC. Cernech, City Manager
Date
Approv d as to le fo
OFF -ICE OF THE CITY ATTORNEY
cy 1,2- q / 1
Date
MURAL DEVELOPMENT LLC:
ignature oYltuAhorizedindividual
Printed Named C 1 f
Title
Date
PL
[00118007.2 2704-05016401 5
EXHIBIT "I"
REFERENCED IN THAT CERTAIN MAINTENANCE AGREEMENT BY AND
BETWEEN CITY OF TAMARAC, FLORIDA AND MURAL DEVELOPMENT LLC,
DATED kuna 2 "` � , 20-6IJ
(001180072 2704-0501640E