HomeMy WebLinkAboutCity of Tamarac Resolution R-2009-135Temp. Reso. #11694
9/2/09
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. 2009 —
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA, AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO EXECUTE A
STORMWATER EASEMENT WITH SHAKER VILLAGE
CONDO ASSOCIATION FOR THE STORMWATER BOAT
RAMP PROJECT, AUTHORIZING AND DIRECTING THE
CITY CLERK TO RECORD SAID AGREEMENT IN THE
PUBLIC RECORDS OF BROWARD COUNTY; PROVIDING
FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Tamarac desires to provide
adequate boat ramp facilities to enhance access to the waterways throughout the
City; and
WHEREAS, the installation of a boat ramp on the south side of the parking
lot just west of the clubhouse and pool facility for Shaker Village Condo
Association just north of Commercial Boulevard on The Commons will provide
safe access to the canal; and
WHEREAS, Shaker Village Condo Association as owner of the
developed parcel has offered the "City of Tamarac Stormwater Easement',
attached hereto as Exhibit "1 "; and
WHEREAS, Shaker Village Condo Association entered into a Boat Ramp
Installation Agreement with the City of Tamarac on August 20, 2007, attached
hereto as Exhibit "2", and
WHEREAS, it is the recommendation of the Director of Public
Works that this easement be accepted, executed, and recorded; and
09/Shaker Village Boat Rampl-london/lewis
Temp. Reso. #11694
9/2/09
WHEREAS, the City Commission of the City of Tamarac, Florida, deem it
to be in the best interest of the citizens and residents of the City of Tamarac to
authorize the appropriate City officials to accept, execute, and record a "City of
Tamarac Stormwater Easement' with Shaker Village Condo association as
required for the construction of a boat ramp.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF TAMARAC, FLORIDA, THAT:
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 are incorporated herein and made a
specific part of this resolution.
Section 2: The appropriate City Officials are hereby authorized to
accept, execute, and record a "City of Tamarac Stormwater Easement'
(attached hereto as "Exhibit 1") with Shaker Village Condo Association to allow
legal access by the Stormwater Division and Emergency Personnel.
Section 3: The City Clerk is hereby authorized and directed to record
said Agreement in the Public Records of Broward County.
Section 4: All resolutions or parts of 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 application, it shall not affect the validity of the remaining
portions or applications of this Resolution.
09/Shaker Village Boat RampNondon/lewis
Temp. Reso. #11694
9/2/09
Section 6: This Resolution shall become effective immediately upon its
passage and adoption,
PASSED, ADOPTED AND APPROVED this day of 12009.
BETH FLANSB UM TALABISCO
MAYOR
ATTEST:
Record of COMMISSION VOTE:
MARION SWENSON, CMC MAYOR FLANSBAUM-TALABISCO— =-�
CITY CLERK DIST 1: COMM BUSHNELL Z,�
DIST 2; VM ATKINS-GRAD
DIST 3; COMM GLASSER
DIST 4: COMM DRESSLER
I HEREBY CERTIFY that
I have approved this
RESOJLUTION s to form.
SAMUEL S. GpkEN
CITY ATTORNEY
08/Shaker Village Boat Rampl-london/lewis
EXHIBIT "1"
Temp Reso#11694
LEGAL DESCRIPTION
W-A
A PARCEL OF LAND IN SECTION 11, TOWNSHIP 49 SOUTH, RANGE 41 EAST SAID
PARCEL INCLUDING A PORTION OF TRACT 15 IN SAID SECTION 11, ACCORDING TO THE
PLAT OF FORT LAUDERDALE TRUCK FARMS, AS RECORDED IN PLAT BOOK 4 AT PAGE 31
OF THE PUBLIC RECORDS OF BROWARD COUNTY ,FLORIDA, AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE SOUTHEAST CORNER OF
SAID SECTION II; THENCE RUN N89°02'05"W ALONG THE SOUTH LINE OF SAID SECTION
11 (ON AN ASSUMED BEARING) 1759,85 FEET TO THE INTERSECTION OF A LINE LYING
880 FEET EAST OF AND PARALLEL WITH THE SOUTHERLY PROJECTION OF THE EAST
LINE OF SAID TRACT 15; THENCE PROCEED NOO'06'02 "W ALONG SAID PARALLEL LINE -
AND ITS PROJECTION A DISTANCE OF 163.00 FEET, THENCE RUN N89°02'05 "W 282.92
FEET PARALLEL WITH SAID SOUTH LINE OF SECTION 11; THENCE RUN N00°5755 "W A
DISTANCE OF 40.05 FEET TO THE NORTHERL Y SHORELINE OF AN EXISTING LAKE AND
THE POINT OF BEGINNING; THENCE PROCEED N01 °5328 "W A DISTANCE OF 8398 FEET'
THENCE N8775642'E 30. 00 FEET; THENCE N01 °5328 "W A DISTANCE OF 20.00 FEET;
THENCE S87°5642 "W A DISTANCE OF 165.02 FEET TO A POINT ON THE ARC OF A
CIRCULAR CURVE NON TANGENT TO THE PRECEEDING CALL, HAVING FOR ITS ELEMENTS
A RADIUS OF 921. 83 FEET; AND A DEL TA OF 01 ° 15'43'; AND FROM WHICH POINT A
RADIAL LINE TO THE RADIUS POINT BEARS S7723'21 "W,• THENCE PROCEED ALONG THE
ARC OF SAID CURVE SOUTHEASTERLY A DISTANCE OF 20.30 FEET; THENCE PROCEED
N87756'42'E A DISTANCE OF 1 11.01 FEET TO A POINT LYING 20 FEET EAST OF AND
PARALLEL TO THE FIRST CALL OF THIS PARCEL OF LAND, THENCE PROCEED
S01 '53'28'E ALONG SAID PARALLEL LINE A DISTANCE OF 66.12 FEET TO A POINT ON
THE APPROXIMATE NORTHERLY SHORE OF SAID LAKE,• THENCE RUN SOUTHEASTERLY
ALONG SAID SHORELINE A DISTANCE OF 26.8 FEET MORE OR LESS TO THE POINT OF
BEGINNING. SAID LANDS SITUATE IN BROWARD COUNTY, FLORIDA, AND CONTAINING
2.52862 ACRES MORE OR LESS.
NOTES-
1. THIS SKETCH OF LEGAL DESCR/PT/ON DOES NOT REPRESENT
A BOUNDARY SURVEY.
2. THE BEARING BASE OF THIS SKETCH OF LEGAL DESCRIPTION
IS 589 02105 'E AL ONG THE SOUTH LINE OF SECTION 11.
SURVEYORS CERT/F/CARON.-
I HEREBY CERTIFY THAT THE 'SKETCH TO ACCOMPANY LEGAL DESCRIPTION"
WAS PREPARED UNDER MY RESPONS/BL E CHARGE AND MEETS THE MINIMUM
TECHNICAL STANDARDS AS SET FORTH BY THE FL ORIDA BOARD OF PROFESSIONAL
LAND SURVEYORS AND MAPPERS /N CHAPTER 61 G 17- 6, FL ORIDA STATUTES,
AND THAT /T /S TRUE AND CORRECT TO THE BEST OF MY KNOWZ EDGE AND
BELIEF NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL
OF A FL ORIDA LICENSED SURVEYOR AND MAPPER.
ROBERT BL OOM_STER Jf�
PROFESS/ONAL LAND SURVEYOR
NO. 4134 STATE OF FL OR/DA
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PROFESSIONAL LAND
SURVEYORS, INC.
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791 NORTHEAST DIXIE HIGHWAY
JENSEN BEACH, FLORIDA 34957
PHONE 772-334-0868
SHEET 1 OF 2
SCALE: i' . 40'
DATE: B 21 00
F.I. SKETCH
X8 NM 10900
REVISIONS
SKETCH TO ACCOMPANY LEGAL DESCRIPTION
PREPARED FOR- CITY OF TAMARAC
S17F LOCH TED:
SHAKER VILLAGE, TAMARAC, BROWARD COUNTY, FLORIDA
NOT VALID WITHOUT SHEET 2 OF 2
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791 NORTHEAST DIXIE HIGHWAY
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PHONE 772-334-0868
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POINT OF BEGINNING
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POINT OF COMMENCEMENT
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EXHIBIT "1"
Temp Reso #11694
LEGAL DESCRIPTION
• -A
A PARCEL OF LAND IN SECTION 11, TOWNSHIP 49 SOUTH, RANGE 41 EAST SAID
PARCEL INCLUDING A PORTION OF TRACT 15 IN SAID SECTION 11, ACCORDING TO THE
PLAT OF FORT LAUDERDALE TRUCK FARMS, AS RECORDED IN PLAT BOOK 4 AT PAGE 31
OF THE PUBLIC RECORDS OF BROWARD COUNTY ,FLORIDA, AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE SOUTHEAST CORNER OF
SAID SECTION 11; THENCE RUN N89°02'05"W ALONG THE SOUTH LINE OF SAID SECTION
11 (ON AN ASSUMED BEARING) 1759.85 FEET TO THE INTERSECTION OF A LINE LYING
880 FEET EAST OF AND PARALLEL WITH THE SOUTHERLY PROJECTION OF THE EAST
LINE OF SAID TRACT 15; THENCE PROCEED N00°06'02 "W ALONG SAID PARALLEL LINE
AND ITS PROJECTION A DISTANCE OF 163. 00 FEET; THENCE RUN N89°02'05 "W 282.92
FEET PARALLEL WITH SAID SOUTH LINE OF SECTION I I; THENCE RUN N00°5755 "W A
DISTANCE OF 40.05 FEET TO THE NORTHERL Y SHORELINE OF AN EXISTING LAKE AND
THE POINT OF BEGINNING; THENCE PROCEED N01 °5328 "W A DISTANCE OF 8398 FEET;
THENCE N8775642'E 30. 00 FEET; THENCE NO I °5328 "W .4 DISTANCE OF 20. 00 FEET.
THENCE S87°5642 "W A DISTANCE OF 165.02 FEET TO A POINT ON THE ARC OF A
CIRCULAR CURVE NON TANGENT TO THE PRECEEDING CALL, HAVING FOR ITS ELEMENTS
A RADIUS OF 921. 83 FEET; AND A DELTA OF 01 ° 15'43'; AND FROM WHICH POINT A
RADIAL LINE TO THE RADIUS POINT BEARS S77°23'21 "W,• THENCE PROCEED ALONG THE
ARC OF SAID CURVE SOUTHEASTERL Y A DISTANCE OF 20.30 FEET; THENCE PROCEED
N87°56'427- A DISTANCE OF 111.01 FEET TO A POINT LYING 20 FEET EAST OF AND
PARALLEL TO THE FIRST CALL OF THIS PARCEL OF LAND, THENCE PROCEED
S01 °53'28'E ALONG SAID PARALLEL LINE A DISTANCE OF 56. 12 FEET TO A POINT ON
THE APPROXIMATE NORTHERLY SHORE OF SAID LAKE- THENCE RUN SOUTHEASTERLY
ALONG SAID SHORELINE A DISTANCE OF 26.8 FEET MORE OR LESS TO THE POINT OF
BEGINNING. SAID LANDS SITUATE IN BROWARD COUNTY, FLORIDA, AND CONTAINING
2.52862 ACRES MORE OR LESS,
NOTES:
1. THIS SKETCH OF LEGAL DESCRIPTION DOES NOT REPRESENT
A BOUNDARY SURVEY.
2. THE BEARING BASE OF THIS SKETCH OF LEGAL DESCRIPTION
/S 589 02'05'E AL ONG THE SOUTH L/NE OF SECTION 17.
SURVEYORS CERTIRCAT/ON.•
/ HEREBY CERTIFY THAT THE 'SKETCH TO ACCOMPANY LEGAL DESCRIPTION"
WAS PREPARED UNDER MY RESPONSIBLE CHARGE AND MEETS THE M/N/MUM
TECHNICAL STANDARDS AS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL
LAND SURVEYORS AND MAPPERS /N CHAPTER 61 G 17- 6, FL ORIDA STATUTES,
AND THAT IT /S TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE- AND
BELIEF. NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL
OF A FL ORIDA LICENSED SURVEYOR AND MAPPER.
r
r
ROBEERT BL OOMSTER ✓R.
PROFESSIONAL LAND SURVEYOR
NO. 4134 STATE OF FLORIDA
NOT VALID WITHOUT SHEET 2 OF 2
BLOOMSTER
PROFESSIONAL LAND
SURVEYORS, INC.
FLORIDA LB. j WS
791 NORTHEAST DIXIE HIGHWAY
JENSEN BEACH, FLORIDA 34957
PHONE 772-334-0868
SHEET 1 OF 2
SCALE: 1' • 40'
DATE: 8 21 OB
F.B. SKETCH
JOB NO. 10600
REVISIONS
SKETCH TO ACCOMPANY LEGAL DESCRIPTION
PREPARED FOR: CITY OF TAMARAC
SITE LOCA TED:
SHAKER KLLAGE, TAMARAC, BROWARD COUNTY, FLORIDA
57773"p1'W — S87S6'42'W 165.02 — — — — — — — — — -
(RADIAL)1 0
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SURVEYORS, INC.
FLOMDA L8. 1 601E
791 NORTHEAST DIXIE HIGHWAY
JENSEN BEACH, FLORIDA 34957
PHONE 772-334-0868
S89 02
POINT OF BEGINNING
282.92
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SOUTHEAST CORNER OF SEC T1ON
?9 02 05 E 1759.85
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EXHIBIT 2
CFN It 108875232
BOAT RAMP INSTALLATION AGREEMENT OR O 46549 Pages 898 - 913
RECORDED 09128/09 16.20:06
BETWEEN CITY OF TAMARAC BROWARD COUNTY COMMISSION
DEPUTY CLERK 1921
AND #1, 16 Pages
SHAKER VILLAGE CONDO ASSOCIATION
THIS AGREEMENT dated this rW day of : -1.�� ' 2007 made
by and between:
THE CITY OF TAMARAC, FLORIDA, a municipal corporation organized and
operating pursuant to the laws of the State of Florida, with a business address of 7525
NW 881h Avenue, Tamarac, FL (hereinafter referred to as "CITY")
And
Shaker Villaee Condo Association, a Florida corporation, with a business address of
40 Meacham Lane, Tamarac, Florida 33319 (hereinafter referred to as
"ASSOCIATION"). CITY and ASSOCIATION may sometimes hereafter be referred to
collectively as "the Parties".
WITNESSETH:
WHEREAS, the CITY owns and/or maintains certain public works installations and
facilities throughout the CITY of Tamarac, Florida; and
WHEREAS, a number of these installation sites and facilities are located on waterways
within the CITY, and several of these waterways are located on or near property that belongs to
various homeowners' associations; and
WHEREAS, in order to effectively access and service these public works installations
f .
and facilities the CITY is seeking permission from numerous homeowners' associations to install
j boat ramps on their property to allow for access to the necessary waterways; and
J
WHEREAS, the CITY is further seeking access easements from the appropriate
homeowners' associations providing reasonable and efficient access to the waterways and public
works facilities and installations in order to enable the CITY to properly service and maintain
these sites; and
WHEREAS, once the CITY has obtained permission from the various homeowners'
associations to install these boat ramps, the CITY will enter into agreements with contractors to
perform the necessary design and installation work; and
WHEREAS, the Parties agree that it is in the best interests of the citizens and residents
of the CITY for the CITY to have reasonable and efficient access to the necessary waterways in
CiT O 1 +y/3,AAP RAC
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City Clerks oept.
I
order for the CITY to properly service and maintain the public works installations and facilities
located throughout the CITY.
NOW, THEREFORE, in consideration of the mutual terms, conditions, promises and
covenants hereinafter set forth, and other good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, CITY and ASSOCIATION hereby agree as
follows:
1. Recitals. The foregoing "WHEREAS" clauses are hereby incorporated
herein by this reference.
2. The CITY is currently maintaining and will continue to maintain the public works
installations and facilities located within the CITY, including those sites located within the
ASSOCIATION.
3. The ASSOCIATION agrees to provide the CITY with a reasonable location,
agreeable to both Parties, where the CITY may install a boat ramp to allow for access to
necessary waterways in order for the CITY to properly service and maintain the public works
installations and facilities located within the ASSOCIATION.
4. The CITY shall engage an outside contractor for the design and installation of a
boat ramp, and the design of said boat ramp shall be subject to the ASSOCIATION'S approval.
The ASSOCIATION shall not unreasonably withhold its approval of the boat ramp design.
5. The ASSOCIATION shall grant the CITY an access easement to allow for
reasonable access to the boat ramp once installed. This easement shall be formally executed by
the Parties after the completion and approval of the boat ramp design.
6. The CITY shall be responsible for all recording and other costs associated with
this Agreement and the subsequent easement.
7. Indemnification
7.1 The ASSOCIATION agrees to indemnify and hold harmless the CITY, its
trustees, elected and appointed officers, agents, servants and employees, from and against any
and all claims, demands, or causes of action of whatsoever kind or nature, and the resulting
losses, costs, expenses, reasonable attorneys' fees, liabilities, damages, orders, judgments, or
decrees, sustained by the CITY or any third party arising out of, or by reason of, or resulting
from any acts, errors, or omissions of the ASSOCIATION or its subcontractor(s), except to the
extent caused by the negligence of the indemnified party.
7.2 The parties recognize that various provisions of this Agreement, including
but not necessarily limited to this Section, provide for indemnification by the CITY and that
§725.06, Florida Statutes, requires a specific consideration be given therefore. The Parties
therefore agree that the sum of Ten Dollars and 00/100 ($10.00), receipt of which is hereby
acknowledged, is the specific consideration for such indemnities, and the providing of such
indemnities is deemed to be part of the specifications with respect to the services to be provided
2
by CONSULTANT. Furthermore, the parties understand and agree that the covenants and
representations relating to this indemnification provision shall serve the term of this Agreement
and continue in full force and effect as to the party's responsibility to indemnify.
7.3 Nothing herein is intended nor shall be construed to waive CITY's rights
and immunities under the common law or §768.28, Florida Statutes, as amended from time to
time.
8. Independent Contractors. This Agreement does not create an
employee/employer relationship between the Parties. It is the intent of the Parties that CITY and
ASSOCIATION are independent contractors under this Agreement and neither is the employee
of the other for all purposes, including, but not limited to, the application of the Fair Labor
Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the
Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue
Code, the State Workers' Compensation Act, and the State unemployment insurance law. The
Parties shall each retain sole and absolute discretion in the judgment of the manner and means of
carrying out their activities and responsibilities hereunder provided, further that administrative
procedures applicable to services rendered under this Agreement shall be those of each
individual Party. Services provided by each Party pursuant to this Agreement shall be subject to
the supervision of such Party. In providing such services, neither Party nor its agents shall act as
officers, employees, or agents of the other Party. The Parties agree that they are separate and
independent enterprises, that each had the full opportunity to find other business, that it has made
its own investment in its business, and that it will utilize a high level of skill necessary to perform
the work hereunder. This Agreement shall not be construed as creating any joint employment
relationship between the Parties and neither Party will be liable for any obligation incurred by
the other Party, including, but not limited to, unpaid minimum wages and/or overtime premiums.
9. Third Party Beneficiaries. Neither party intends that this Agreement shall
directly or substantially benefit any 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 party based upon this Agreement. The Parties expressly
acknowledge that it is not their intent to create any rights or obligations in any third persons or
entity under this Agreement.
10. Legal Representation. It is acknowledged that each party to this Agreement had
the opportunity to be represented by counsel in the preparation of this Agreement and,
accordingly, the rule that a contract shall be interpreted strictly against the party preparing same
shall not apply due to the joint contribution of both parties.
11. Assignments. This Agreement, or any interest herein, shall not be assigned,
transferred or otherwise encumbered, under any circumstances, by the Parties without the prior
written consent of the other party.
12. Records. Both Parties shall keep, maintain and preserve books and records
and require any and all subcontractors to keep books and records as may be necessary in order to
record complete and correct entries as is related to personnel hours charged to this engagement,
any expenses for which the Parties expect to be reimbursed, or any other records that are related
3
to this Agreement. Such books, accounts and records will be available at all reasonable times for
examination and audit by the other party and shall be kept for the required retention period of the
Florida Public Records Act (Chapter 119, Fla. Stat.) or as may otherwise be required by law.
Incomplete or incorrect entries in such books and records will be grounds for disallowance by
the other party of any fees or expenses based upon such entries.
13. Public Records. Pursuant to Chapter 119, Florida Statutes, Florida's Public
Records laws, the Parties shall maintain and make available for inspection any and all business
records generated pursuant to this Agreement as required by law.
14. No Contingent Fees. The Parties warrant that they have not employed or retained
any company or person, other than a bona fide employee working solely for such party, to solicit
or secure this Agreement, and that it has not paid or agreed to pay any person, company,
corporation, individual or firm, other than a bona fide employee working solely for the Parties,
any fee, commission, percentage, gift, or other consideration contingent upon or resulting from
the award or making of this Agreement. For the breach or violation of this provision, the CITY
shall have the right to terminate the Agreement without liability at its discretion, to deduct from
the contract price, or otherwise recover the full amount of such fee, commission, percentage, gift,
or consideration.
15. Notice. Whenever any party desires to give notice unto any other party, it must
be given by written notice, sent by certified United States mail, with return receipt requested, or
by facsimile transmission with certification of transmission to the receiving party, addressed to
the party for whom it is intended and the remaining party, at the places last specified, and the
places for giving of notice shall remain such until they shall have been changed by written notice
in compliance with the provisions of this section. For the present, the Parties and the CITY
designate the following as the respective places for giving of notice:
CITY: Jeffrey Miller, City Manager
City of Tamarac
7525 NW 88 Avenue
Tamarac, Florida 33321
Telephone No. (954) 597-3515
Facsimile No. (954) 597-3520
Copies to: Jack Strain, Public Works Director
City of Tamarac
6011 Nob Hill Road 33321
Telephone No. (954) 597-3734
Facsimile No. (954) 597-3710
Samuel S. Goren, City Attorney
Goren, Cherof, Doody & Ezrol, P.A.
3099 East Commercial Boulevard, Suite 200
Fort Lauderdale, Florida 33308
Telephone No. (954) 771-4500
Facsimile No. (954) 771-4923
9
ASSOCIATION:'�'.�
33-5/9
Telephone No. 7,% o2— ,�2 /
Facsimile No. <- -7_ 7 - 9 2 -rr
16. Binding Authority. Each person signing this Agreement on behalf of either
party individually warrants that he or she has full legal power to execute this Agreement on
behalf of the party for whom he or she is signing, and to bind and obligate such party with
respect to all provisions contained in this Agreement.
17. Exhibits. Each Exhibit referred to in this Agreement forms an essential part
of this Agreement. The exhibits if not physically attached should be treated as part of this
Agreement and are incorporated herein by reference.
18. Headings. Headings herein are for convenience of reference only and shall
not be considered on any interpretation of this Agreement.
19. Severability. If any provision of this Agreement or application thereof to any
person or situation shall, to any extent, be held invalid or unenforceable, the remainder of this
Agreement, and the application of such provisions to persons or situations other than those as to
which it shall have been held invalid or unenforceable shall not be affected thereby, and shall
continue in full force and effect, and be enforced to the fullest extent permitted by law.
20. Governing Law. This Agreement shall be governed by the laws of the State
of Florida with venue lying in Broward County, Florida.
21. Disputes. Any claim, objection, or dispute arising out of the terms of this
Agreement shall be litigated in the Seventeenth Judicial Circuit Court in and for Broward
County.
22. Joint Defense. In the event that the validity of this Agreement is challenged
through legal proceedings or otherwise, the Parties agree to cooperate with each other in defense
of this Agreement, with each Party to bear its own attorney's fees and costs associated with such
defense.
23. Attorney's Fees. In the event that either party brings suit for enforcement of
this Agreement, each party shall bear their own attorney's fees and costs, including paralegal
fees, at both the trial and appellate levels, in addition to any other remedy afforded by law,
except as may otherwise be provided for in this Agreement.
5
24. Extent of Agreement. This Agreement together with the attached Exhibits, as
amended herein above represents the entire and integrated agreement between the Parties and
supersedes all prior negotiations, representations or agreements, either written or oral.
25. Multiple Counterparts. This Agreement may be executed in multiple
counterparts, each of which shall be deemed an original, and all of which together shall
constitute one and the same instrument.
26. Materiality and Waiver. The Parties agree that each requirement, duty and
obligation set forth herein is substantial and important to the formation of this Agreement and,
therefore, is a material term hereof. Failure of either party to insist upon strict performance of
any provision or condition of this Agreement, or to execute any right therein contained, shall not
be construed as a waiver or relinquishment for the future of any such provision, condition, or
right, but the same shall remain in full force and effect.
27. Compliance with Laws. The Parties shall comply with all federal, state, and
local laws, codes, ordinances, rules and regulations in performing its duties, responsibilities and
obligations pursuant to this Agreement.
IN WITNESS WHEREOF, CITY and AS CIATION have executed this agreement by their
duly authorized officers, this -09p�day of , 2007.
CITY OF TAMARAC
ATTEST: BY: 6�t�'
MAYOR BETH FLANSBAUM-TALABISCO
l
MARION SWENSON, CITY CLERK
APPROVED AS TO FORM:
BY: LIJ, C)-7
OFFICE OF THE CITY ATTORN Y
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WITNESS:
STATE OF FLORIDA )
ss:
COUNTY OF
ON THIS -. 20 day of 5
public, personally appeared
('�
has produced
BY:
PRESIDENT
2007, before me, the undersigned notary
as President of
k yersonally known Kto _rye, or who
as identification, and is the person who
subscribed to the foregoing instrument and who acknowledged that (s)he executed the same on
behalf of said Association and that (s)he was duly authorized to do so.
IN WITNESS WHEREOF, I hereunto set my hand and official
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