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HomeMy WebLinkAboutCity of Tamarac Resolution R-2016-0611 1 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 1 1 1 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 1 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 5:Uransportation DevelopmentMesignUn-House Design\Landscape Arch itecturelAGREEMEh1TSt1 MOA1TAMARAG1TamaracMMOA_SR7(14-L-491-0010)1Tamarac_SR817_14-L-491-0010 (12-31-15).docx {gage 1 of 19 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 &\Transportation DeveiopmentlDesignlln-House DesignlLandscape Arch itecturelAGREEMENTSI1 MOAITAMARACITarnaracfvlMOA_SR7(14-L-491-0010)1Tamarac_SR317_14-1. 491-0010 (12-31-15).dou Rage 2 of 19 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 SATransportation Deveiopment0esignlin-House Design%Landscape Arc.NtectUre\AGREEMENTS11 D40AITAMARAC1TamaracMMOA- SR7(14-L-491.001 UTamarac_SR817_14-L-491.0010 (12-31-15).docx Page 3 of 19 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. &Mansportation DeveloprnentlDesign%ln-House Design1andscape Architecture\AGREEMERI'TV MOAtTAMARAC1TarnaracMMQA_SR7(14-L-491-001+J)1Tarrsarac_3R817_14-L-491-0010 (12-31-15).doox Page 4 of 19 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. SATransportation Development0esignVn-House Designlandscape ArchitecoturelAGREEMENTS11 MOA1TAMARAClTamaracMMOA_SR7(14-L-?91-0010)kTamarac_SR817_14-L-491-0010 (12-31-15).docx Page 5 of 19 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 &Mansportation Deuelopment0esigOn-House Design \Landscape Architecture�AGREEMENTSIi MOA1TAN1ARAC1TamaracMMOA_SR7(14-L-491-0010)tTamarac_SR817_14-L-491-0010 (12-31-15).doex Page 6 of 19 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. SATransportation Development0esignAn-House DesignlLandscape ArchitecturwAGREEVTENTS11 MOAtTAMARACtTarnaracAAMOA_SR7(14-L-491-0010)\Tamara,_ ;RB17_14-L-491-0010 (12-31-15).docx Page 7 of 19 TR 12749 - EXHIBIT 1 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. &Mansportation Development\Designlln-House DesignlLandscapeArchitectureAGREEMENTS11 MOAN TAMARAG1TamaracMMOFl_5R7{14-L-491-001Q)1Tamarac_SR817_14-L-491-0010 (12-31-15).docx Page 8 of 19 TR 12749 - EXHIBIT 1 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 S:1Transpartation DeuelopmentUesignlln-House Destgnlandscape Archltecture\AGREEMENTS11 MOAITAMARAC1TamaracMMOA_SR7(14-L-491-0010)1Tamarac_SR817_14-L-491-0010 (12-31-15), docx Page 9 of 19 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 -�3'•. ������ C0 D������ 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 S:\Transportation Devalopment0ealgOn-House Design\Landscape Arch itectu re1AGREEM E NTS\1 MOAITAMARAC\TamaracMMOA—SR7(14-L-4,91-0010)\Tpmarac—SR817-14-L-491-0010 (12-31-15),doex Page 11 of 19 TR 12749 - EXHIBIT 1 13 F r W } U I— zz a z r z z zC4 wd m�x nrv�ra "" �Ra...•T IZ£fE '7d'JV7EYNIdZ �+ aAmamlsimw 'ONI'8301AU38=@J 3VV � 1sd3Hinos� VzvTa 11vxnt"t ! lil ��o�v� XB99t e� a zsz aa• i r - ♦ laf i w ad 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 2 OYQY 9ttd9H 0 14 o 1 � a � F c 1 U C%l 't61tLY0 N1r Tt O � J 0 O d 1 P 1 W a v �r �iryp: od tF.7C�d O I F Ca 2 yyO F O F n W S Y FW U GG� RRa a C? o c< z m�O�aQ Cy. �F W z= '4 o- G � F az¢LL,� �l 4Z FOgz 0. � p3h� ^ar <Cg t—z9 2O QQ. (n coIL tq ZZZFS a q �ZnZ Hai Z� N Li m am ui u � f �i c 0 �z0 > Y3 � m W R Q } R }Q QQm w rr o 13 U m gg to F R ~ Q 3 e A zd m H c mCA LLJ O O O i a c E a Q e @ AjR� �m dtl Ham y11E $ a z °3 ' a E7o�. #L� $118 E¢o �'�' 9!'�'� �Q Bkkkk� itjj ��y` ScR AS�ti c9 o n211 m5`� °' E fl 4mv c$ C? tjZW F O „c�N �a L'3 kdm $eat'5� .". cE ��•T 5�N7t�=i �SIE'Q �i €�l� �pc $°.�n ,fie nI'c� r *g p� ` E � No Text EXHIBIT 1 TR 12749 - EXHIBIT I 2/ WUGAJX�_'tqooSq 'ONI'saomas 8�03JUR;;v 0 .LSVBH.Lnos VZV'1j TYSAW 0. p 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 MOA1TAMARACtTamaracMMOA_SR7(14-L-491-001O)Jamarac_SR817_14-L-491-0010 (12-31-15).docx Page 14 of 19 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 MOAITAMARAGtTamaracMMOA_SR7(14-L-491-0010)1Tamarac_SR817_14-L491-0010 (12-31-15).dccx 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 M0A7AMARAC1TamaracMM0A_SR7(14-L-491-0010)Tamarac_SR817_14-L-491-0010 (12-31-13).docx 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 M0AI'fAFAARAC1TamaracMM0A_SR7(14-L-.491-0010)1Tamarac_SR817_14-L-491-0010 (12-31-15).docx 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 MOAITAMARAGtTamaracMMOA_SR7(14-L-491-0010)tTamarac_SR817_14-L-491-0010 (12-31-15).docx 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 MQAITAi)AARAC`TamaracMMOA_SR7(14-L-491-0010ffamarac_SR817_14-L-491-0010 (12-31-15).docx Rage 19 of 19 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