Loading...
HomeMy WebLinkAboutCity of Tamarac Resolution R-2007-124Temp. Reso. 11256 Page 1 of 3 7- August 8, 2007 RESOLUTION NO. / A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, APPROVING THE INTERLOCAL AGREEMENT BETWEEN THE CITY OF TAMARAC AND BROWARD COUNTY TO PROVIDE FOR THE IMPLEMENTATION OF THE ANNEXATION OF BONIELLO GARDENS INTO THE CITY OF TAMARAC; AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO DO ALL THINGS NECESSARY TO EFFECTUATE THE INTENT OF THIS RESOLUTION; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on January 10, 2007, the Tamarac City Commission (hereinafter referred to as the "City"), adopted Ordinance 0-2007-02 which called for a referendum election to annex several areas of unincorporated Broward County into the City, including the area known as Boniello Gardens; and WHEREAS, the voters within the Boniello Gardens Annexation Area voted in favor of the annexation, and on March 27, 2007, the Broward County Canvassing Board certified the results of the referendum election in favor of annexation; and WHEREAS, the annexation will become effective on September 15, 2007, and in order to implement the annexation, it is necessary for the City to enter into an Interlocal Agreement with Broward County ("Interlocal Agreement") in order to address the continued provision of various services to the residents of Boniello Gardens; and Temp. Reso. 11256 Page 2 of 3 August 8, 2007 WHEREAS, the City Commission has determined that it is in the City's best interest to enter into the Interlocal Agreement with Broward County for the implementation of the annexation of Boniello Gardens, a copy of which is attached hereto as Exhibit "A", and incorporated herein by reference; and WHEREAS, the City Commission finds that it is in the best interest of the health, safety, and welfare of the citizens and residents of the City of Tamarac, to enter into the Interlocal Agreement. 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. Section 2. The City Commission of the City of Tamarac, Florida hereby approves the Interlocal Agreement between Broward County and the City of Tamarac to Implement Annexation of Boniello Gardens, a copy of which is attached hereto as Exhibit "A", and incorporated herein by reference, and authorizes the Mayor or Vice -Mayor to sign the Interlocal Agreement, and for City Manager and City staff to take any and all action necessary to effectuate the intent of this Resolution. Section 3. The City Clerk is hereby directed to provide a signed copy of the Interlocal Agreement to the appropriate Broward County Representative. 1 1 Temp. Reso. 11256 Page 3 of 3 August 8, 2007 Section 4. All resolutions or parts of resolutions on in conflict herewith be, and the same are hereby repealed to the extent of such conflict. Section S. 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. Section 6. This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED THIS _c2A�DAY OF , 2007. BETH FLANSBAUM -TALAB SCO, AYOR ATTEST: ARION SWENSON, VO' CITY CLERK RECORD OF COMMISSION VOTE: MAYOR FLANSBAUM—TALABISCO DIST 1: COMM. PORTNER DIST 2: COMM. ATKINS—GRAD DIST 3: V/M SULTANOF DIST 4: COMM. DRESSLER I HEREBY CERTIFY that I have ap rov this ESOLUTION as to form. S UEL S. GOREN, r'CITY ATTORNEY SSG:DNT: dntH:\2005\050164 TAMARAC\RESO 2007\2007-_ (County ILA for Boniello Annex).doc INTERLOCAL AGREEMENT Between BROWARD COUNTY and the CITY OF TAMARAC to IMPLEMENT ANNEXATION OF BONIELLO GARDENS This is an Interlocal Agreement, made and entered into by and between: BROWARD COUNTY, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY," 1Z No The CITY OF TAMARAC, a municipal corporation of the State of Florida, hereinafter referred to as "CITY." WHEREAS, in order to establish the background, context, and frame of reference for this Agreement and to provide a general background regarding the objectives and intentions of COUNTY and CITY, the following statements, representations, and explanations are predicates for the undertakings and commitments included within the provisions which follow and shall be construed as essential elements of the mutual considerations upon which this Interlocal Agreement is based; and WHEREAS, it is the purpose and intent of this Agreement for COUNTY and CITY to provide for a means by which each governmental entity may exercise cooperatively its respective powers and privileges in order to further a common goal; and WHEREAS, this Agreement is an Interlocal Agreement entered into pursuant to Section 163.01, Florida Statutes (2004), the Florida Intergovernmental Cooperation Act of 1969, as amended. Prior to the effectiveness of any provisions of this Agreement and any amendments hereto, this Agreement including any amendments shall be filed as provided by Section 163.01(11); and WHEREAS, the purpose and intent of this Agreement is to provide for transition of the voter -approved annexation pursuant to City of Tamarac Ordinance 0-2007-02 from COUNTY to CITY including any and all traditional municipal services unless otherwise provided herein, and as more particularly described in Exhibit "A", attached hereto; and WHEREAS, pursuant to City of Tamarac Ordinance 0-2007-02 the annexation will become effective on September 15, 2007; and WHEREAS, it is in the best interests of CITY and COUNTY to ensure a smooth transition of services and facilities from COUNTY to CITY. NOW, THEREFORE, IN CONSIDERATION of the mutual terms, conditions, promises, covenants and payments hereinafter set forth, COUNTY and CITY agree as follows: FTL 1169133:2 ARTICLE 1 DEFINITIONS AND IDENTIFICATIONS 1.1 Agreement — means this document, Articles 1 through 8 inclusive. Other terms and conditions are included in the exhibits and documents that are expressly incorporated by reference. 1.2 Board — The Broward COUNTY Board of COUNTY Commissioners. 1.3 CITY Contract Administrator — The Tamarac City Manager, or his/her designee, is the CITY Contract Administrator. The primary responsibilities of the CITY Contract Administrator are to coordinate and communicate with COUNTY and to manage and supervise execution and completion of the Scope of Services and the terms and conditions of this Agreement as set forth herein. In the administration of this Agreement, as contrasted with matters of policy, all parties may rely on the instructions or determinations made by the CITY Contract Administrator; provided, however, that such instructions and determinations do not change the Scope of Services. 1.4 COUNTY Contract Administrator -- The Broward COUNTY Administrator, or his/her designee, is the COUNTY Contract Administrator. The primary responsibilities of the COUNTY Contract Administrator are to coordinate and communicate with CITY and to manage and supervise execution and completion of the Scope of Services and the terms and conditions of this Agreement as set forth herein. In the administration of this Agreement, as contrasted with matters of policy, all parties may rely on the instructions or determinations made by the COUNTY Contract Administrator; provided, however, that such instructions and determinations do not change the Scope of Services. ARTICLE 2 SCOPE OF SERVICES 2.1 CITY shall perform all work, tasks, functions and services identified to be performed by CITY in this Agreement and in Exhibit "A", and COUNTY shall perform all work, tasks, functions, and services identified to be performed by COUNTY in this Agreement and in Exhibit "A." The parties agree that the Scope of Services is a description of their obligations and responsibilities and is deemed to include preliminary considerations and prerequisites, and all labor, materials, equipment, work, tasks, functions, and services which are such an inseparable part of the matter described that exclusion would render performance by the party obligated impractical, illogical or unconscionable. FTL:1169133:2 2 2.2 CITY acknowledges and agrees that the COUNTY Contract Administrator has no authority to make changes that would increase, decrease, or otherwise modify the Scope of Services to be provided under this Agreement. Likewise, COUNTY acknowledges and agrees that the CITY Contract Administrator has no authority to make changes that would increase, decrease, or otherwise modify the Scope of Services to be provided under this Agreement. ARTICLE 3 EFFECTIVENESS; TERM AND TIME OF PERFORMANCE 3.1 This Agreement shall become effective only upon being executed by all of the parties and, shall be further expressly subject to the annexation of the Property. If this Agreement becomes effective, the term, and the obligations hereunder, shall begin on the effective date of this Agreement and shall end upon completion of the performance of COUNTY obligations under this Agreement. COUNTY obligations under this Agreement shall terminate with the expiration of this Agreement except as provided in Exhibit A. Notwithstanding any other provision, the parties' obligations under this Agreement shall not extend beyond September 30, 2008. 3.2 Time shall be deemed to be of the essence in performing the duties, obligations and responsibilities required by this Agreement. ARTICLE. 4 CHANGE IN SCOPE OF SERVICS Any change to the Scope of Services must be accomplished by a written amendment, executed by CITY and COUNTY in accordance with Section 8.15 below. ARTICLE 5 GOVERNMENTAL IMMUNITY CITY is a Florida municipality, and agrees to be fully responsible for acts and omissions of its agents or employees to the extent permitted by law. Nothing herein is intended to serve as a waiver of sovereign immunity by any party to which sovereign immunity may be applicable. Nothing herein shall be construed as consent by a state agency or political subdivision of the State of Florida to be sued by third parties in any matter arising out of this Agreement or any other contract. Likewise, COUNTY is a political subdivision as defined in Chapter 768.28, Florida Statutes, and agrees to be fully responsible for acts and omissions of its agents or employees to the extent permitted by law. Nothing herein is intended to serve as a waiver of sovereign immunity by any party to which sovereign immunity may be applicable. Nothing herein shall be construed as consent by a state agency or political subdivision of the State of Florida to be sued by third parties in any matter arising out of this Agreement or any other contract. FTL:1169133:2 3 ARTICLE 6 INSURANCE CITY is a Florida municipality, and CITY shall furnish the COUNTY Contract Administrator with written verification of liability protection in accordance with state law prior to final execution of said Agreement. COUNTY is a political subdivision as defined by Section 768.28, Florida Statutes, and COUNTY shall furnish the CITY Contract Administrator with written verification of liability protection in accordance with state law prior to final execution of said Agreement. ARTICLE 7 TERMINATION This Agreement may be terminated for cause by action of COUNTY or by CITY if, after written notice from the aggrieved party identifying the breach, the party in breach has not corrected the breach within thirty (30) days or if the nature of the breach is such that it cannot be corrected within thirty (30) days, the party in breach has not commenced and diligently pursued action to promptly correct the breach. Termination of this Agreement shall not cause any interest in real or personal property that was transferred to CITY to revert to COUNTY and shall not cause any transfer of municipal services, or obligations transferred from COUNTY to CITY to revert to COUNTY. Notice of termination shall be provided in accordance with the "NOTICES" section of this Agreement. ARTICLE 8 MISCELLANEOUS 8.1 OWNERSHIP OF DOCUMENTS Any and all reports, photographs, surveys, and other data and documents created in connection with this Agreement are and shall remain the property of the party that created same and will be made available to the other party for inspection or use at no cost. FTL:1169133:2 4 8.2 AUDIT AND RETENTION OF RECORDS CITY and COUNTY shall have the right to audit the books, records, and accounts that are related to this Agreement. CITY and COUNTY shall keep such books, records, and accounts as may be necessary in order to record complete and correct entries related to this Agreement. CITY and COUNTY shall preserve and make available, at reasonable times for examination and audit, all financial records, supporting documents, statistical records, and any other documents pertinent to this Agreement for the required retention period of the Florida Public Records Act (Chapter 119, Florida Statutes), if applicable, or, if the Florida Public Records Act is not applicable, for a minimum period of three (3) years after termination of this Agreement. If any audit has been initiated and audit findings have not been resolved at the end of the retention period or three (3) years, whichever is longer, the books, records, and accounts shall be retained until resolution of the audit findings. 8.3 NONDISCRIMINATION, EQUAL EMPLOYMENT OPPORTUNITY AND AMERICANS WITH DISABILITIES ACT CITY and COUNTY shall not unlawfully discriminate against any person in its operation and activities or in its use or expenditure of funds in fulfilling its obligations under this Agreement. CITY and COUNTY shall comply with all applicable provisions of the Americans with Disabilities Act (ADA) in the course of providing any services funded, including Titles I and II of the ADA (regarding nondiscrimination on the basis of disability), and all applicable regulations, guidelines and standards. CITY's and COUNTY's decisions regarding the delivery of services under this Agreement shall be made without regard to or consideration of race, age, religion, color, gender, sexual orientation (Broward County Code, Chapter 16 1/2), national origin, marital status, physical or mental disability, political affiliation, or any factor which cannot be lawfully used as a basis for service delivery. CITY and COUNTY shall not engage in or commit discriminatory practice in violation of the Broward COUNTY Human Rights Act (Broward County Code, Chapter 16 1/2) in performing any services pursuant to this Agreement. 8.4 INDEPENDENT CONTRACTOR CITY and COUNTY are independent contractors under this Agreement. Services provided by CITY and COUNTY pursuant to this Agreement shall be subject to the supervision of CITY and COUNTY. In providing such services, neither CITY nor COUNTY or its agents shall act as officers, employees, or agents of CITY or COUNTY. This Agreement shall not constitute or make the parties a partnership or joint venture. FTL:1169133:2 5 8.5 THIRD PARTY BENEFICIARIES Neither CITY nor COUNTY intends 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. 8.6 NOTICES Whenever either party desires to give notice to the other, such notice must be in writing, sent by certified United States Mail, postage prepaid, return receipt requested, or by hand delivery with a request for a written receipt of acknowledgement of delivery, addressed to the party for whom it is intended at the place last specified. The place for giving notice shall remain the same as set forth herein until changed in writing in the manner provided in this section. For the present, the parties designate the following: FOR BROWARD COUNTY: Pamela Brangaccio, County Administrator Government Center, Suite 409 115 South Andrews Avenue Fort Lauderdale, Florida 33301 FOR CITY: Jeffrey L. Miller, City Manager 7525 N.W. 88t" Avenue Tamarac, FL 33321-2401 COPY TO Samuel S. Goren, City Attorney 3088 E. Commercial Blvd, Suite 200 Fort Lauderdale, FL 33308 8.7 ASSIGNMENT Neither this Agreement nor any interest herein shall be assigned, transferred or encumbered by either party. FTL:1169133:2 6 8.8 WAIVER OF BREACH Neither COUNTY's nor CITY's failure to enforce any provision of this Agreement shall be deemed a waiver of such provision or modification of this Agreement. A waiver of any breach of a provision of this Agreement shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of the terms of this Agreement. 8.9 COMPLIANCE WITH LAWS CITY 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. Likewise, COUNTY 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. 8.10 SEVERANCE In the event this Agreement or a material provision of this Agreement is found by a court of competent jurisdiction to be invalid, illegal or unenforceable, the remaining provisions shall continue to be effective. 8.11 JOINT PREPARATION AND INTERPRETATION The parties 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 their joint effort. The language agreed to expresses 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 any other. 8.12 CONSTRUCTION OF AGREEMENT The truth and accuracy of each "Whereas" clause set forth above is acknowledged by the parties and same are hereby incorporated into and made a part of this Agreement. It is the intent of the parties that this Agreement shall be liberally construed and interpreted consistent with the "Whereas" clauses set forth herein so as to fully effectuate its purposes and intent. FTL:1169133:2 7 8.13 PRIORITY OF PROVISIONS If there is a conflict or inconsistency between any term, statement, requirement, or provision of any exhibit attached hereto, any document or events referred to herein, or any document incorporated into this Agreement by reference, and a term, statement, requirement, or provision of this Agreement, the term, statement, requirement, or provision contained in Articles 1 through 8 of this Agreement shall prevail and be given effect. 8.14 APPLICABLE LAW AND VENUE This Agreement shall be interpreted and construed in accordance with and governed by the laws of the State of Florida. Venue for litigation concerning this Agreement shall be in the Seventeenth Judicial Circuit state court in and for Broward County, Florida. 8.15 AMENDMENTS No modification, amendment, or alteration in the terms or conditions contained herein shall be effective unless contained in a written document prepared with the same or similar formality as this Agreement and executed by the Board and the governing body of CITY. 8.16 PRIOR AGREEMENTS This document incorporates and includes all prior negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements or understandings concerning the subject matter of this Agreement that are not contained in this document. Accordingly, the parties agree that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. It is further agreed that no modification, amendment or alteration in the terms or conditions contained herein shall be effective unless set forth in writing in accordance with Section 8.15 above. 8.17 REMEDIES If either COUNTY or CITY is in default hereunder, the non -defaulting party shall be entitled to pursue any and all available legal and equitable remedies including, without limitations, the remedy of specific performance of any term, condition, or obligation of this Agreement. FTL:1169133:2 g 8.18 INCORPORATION OF EXHIBITS The attached Exhibits "A" and °B" are incorporated into and made a part of this Agreement. 8.19 RECORDATION OF AGREEMENT This Agreement may be recorded in the Official Records of Broward COUNTY, Florida, if either party so desires. 8.20 MULTIPLE ORIGINALS This Agreement may be fully executed in four (4) copies by all parties, each of which, bearing original signatures, shall have the force and effect of an original document. FTL:1169133:2 9 INTERLOCAL AGREEMENT BETWEEN THE COUNTY AND THE CITY OF TAMARAC TO IMPLEMENT THE ANNEXATION OF THE BONIELLO GARDENS INTO THE CITY IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement: Broward COUNTY through its Board of County Commissioners, signing by and through its Mayor or Vice -Mayor, authorized to execute same by Board action, and CITY, signing by and through its Mayor and City of Tamarac Clerk duly authorized to execute same. ATTEST: i By Kard County Admini: x-officio Clerk of the Br County Board of County Commissioners Insurance Requirements Approved by Broward COUNTY Risk Management Division BV;11 , luelINTFINVA BROWARD COUNTY, by and through it's Board of County Commissioners 'ti Day of IJ7F. _,2007 Approved as to form by: Jeffrey J. Newton, County Attorney Broward County, Florida Governmental Center, Suite 423 115 South Andrews Avenue Fort Lauderdale, Florida 33301 Telephone: (954) 357-7600 Telecopier: _(q54) 357-7641 �-Jq-07 FTL 1169133:2 10 INTERLOCAL AGREEMENT BETWEEN THE COUNTY AND THE CITY OF TAMARAC TO IMPLEMENT THE ANNEXATION OF BONIELLO GARDENS INTO THE CITY CITY City Clerk Approved As To Form: CITY OF TAMARAC, FLORIDA W.'mnor/ ,✓ M/ ay of , 2007 (SEAL) City Attorney STATE OF FLORIDA COUNTY OF BROWARD The foregoing instrument was acknowledged before me this cj& day of 2007 by 2&-rw ejA&SZV&r y s Mayor of the CITY of Tamarac, a Florid municipal corporation, on behalf of the municipal corporation, who is personally known to me. '►�'�' ''°•. Patricia A. Tedel ,. Commission #DD244811 Expires: , 2007 Notary Public, State of Flo ida Bondedded Thr Atlantic Bonding Co., lnc. H:\2006\060485\Tamarac Boniello Gardens Agreement FINAL.doc FTL:1169133:2 11 OBLIGATIONS OF CITY AND COUNTY 1. Types of Services_Transitioned to CITY - Except as otherwise provided in this Agreement, CITY shall be responsible for the following services in the annexed areas on October 1, 2007: • Building Code Enforcement • Zoning Code Enforcement • Occupational Licenses • Planning, Zoning and Development Review • Neighborhood Parks and Recreation • Housing and Community Development • Garbage Collection • School Guards • Maintenance of Roads and Rights -of -way and Associated Stormwater Structures • Street Lighting • Fire Rescue (currently provided by BSO) • Police Service (currently provided by BSO) 2. Building Code Services — All applications for building permits submitted prior to the effective date of this Agreement shall be reviewed, issued, inspected and finalized by COUNTY, including expired building permits, which are renewed. Upon the issuance of a certificate of occupancy by COUNTY, any further enforcement of the Broward County Code of Ordinances shall be performed by CITY. All applications for building permits submitted after the effective date of this Agreement shall be reviewed, issued, inspected, and finalized by CITY. COUNTY shall continue to monitor and enforce all outstanding building code violations including issuance of building permits and inspections required to rectify outstanding violations. Upon annexation, the CITY's Code of Ordinances shall apply within the annexed area. By October 1, 2007, the COUNTY will provide the CITY with a report of all pending building permits and building permit applications. 3. Zoning Code Services - On October 1st of the year in which the annexation becomes effective, COUNTY shall provide all outstanding zoning violations to CITY. In addition, all active non -expired permits and certificates of use that are outstanding on October 1st of the year the annexation becomes effective will be finalized and inspected by the COUNTY. Following October 1st of the effective date of the annexation, building inspectors will no longer provide any inspections related to the zoning certificate of use program, which certificate of use program will be assumed by CITY. Zoning designations under the Broward County Zoning Code shall remain in effect until CITY adopts an ordinance changing the zoning designations. Upon annexation, CITY shall be responsible for enforcement of all other provisions of the CITY'S Code of Ordinances, site plan review, variances, certificates of use and zoning permits within the annexed area. FTL:1169133:2 1 4. En ineerin and Right -of -Way Management - In accordance with, and subject to the exceptions set forth in City of Tamarac Ordinance 0-2007-02, all public roads and the public rights -of -way associated therewith, on the Broward County Road System, lying within the limits of the annexed lands as described in Exhibit B are transferred from COUNTY jurisdiction to the jurisdiction of CITY, hereinafter referred to as "Transferred Roads." All rights, title, interests, and responsibilities for the Transferred Roads, including, but not limited to, the ownership, operation, maintenance, planning, design, and construction of said public roads and the rights -of -way associated therewith, are deemed transferred from COUNTY's jurisdiction and ownership to the jurisdiction and ownership of CITY upon the effective date of the annexation. All storm sewers and associated stormwater outfalls serving roads that are transferred to CITY as part of the annexation shall be owned and maintained by the CITY. All outstanding Engineering Division permits concerning right-of-way shall be inspected and finalized by COUNTY. Bonds held by COUNTY for outstanding Engineering Division permits will be maintained by COUNTY until successful completion of the one-year warranty maintenance period. Any work in the right-of-way of a Transferred Road submitted for permit after the effective date of this agreement shall be issued, inspected, and finalized by CITY. 5. Street Maintenance — COUNTY agrees to continue to maintain the Transferred Roads as described in Section 4 until October 1, 2007. CITY hereby acknowledges that CITY will assume responsibility for maintenance of the Transferred Roads as described in Section 4 above beginning October 1, 2007. 6. Planning and Development Review — CITY shall be responsible for the review of all plats within the annexed area which have not been approved by the Broward County Board of County Commissioners upon the effective date of the annexation. All plats approved by the Broward County Board of County Commissioners prior to the effective date of the annexation shall be entitled to be recorded as if such a plat was still subject to review by COUNTY. CITY shall be responsible for neighborhood planning as of the effective date of this Agreement. CITY shall be responsible for the review of all final site plan applications which have not received a development order from COUNTY prior to the effective date of this Agreement. The Future Unincorporated Land Use Element of the Broward County Comprehensive Plan shall remain in effect until CITY adopts an ordinance changing such land use designation by a majority plus one of the full governing body of CITY. Upon annexation, CITY shall be responsible for implementation and administration of the Future Unincorporated Land Use Element of the Broward County Comprehensive Plan within the annexed area. All applications for rezoning shall continue to be processed by COUNTY until the annexation becomes effective. FTL:1169133:2 2 7. Allocation of Revenues — CITY shall initiate and coordinate with COUNTY the notification and filing process to ensure that all Municipal, COUNTY and State revenue sources listed below are transitioned to CITY on October 1, 2007. COUNTY shall make provisions for per capita revenue sharing payments to CITY on behalf of the annexed area until that point in time at which all State of Florida, COUNTY and Municipal revenue sharing sources based on population formulas recognize the population of the annexed area as part of the CITY of Tamarac and that recognition is reflected in CITY's annual share of State revenues. • Electric Utility Taxes • Communication Services Taxes • Electric Franchise Fees • State Revenue Sharing • Gas Taxes • Sales Tax 8. Transfer of Records — All records will be transferred to CITY commencing September 15, 2007 and proceed continuously until all records in the annexation area are transferred to CITY based on a mutually agreed upon schedule. By October 1, 2007, the COUNTY will provide the CITY with a record of all outstanding code enforcement matters related to properties located within the annexation area. 9. Garbage Collection - COUNTY shall provide waste collection and recycling services to properties covered by the County's Mandatory Collection program through September 30, 2007. COUNTY shall accrue all garbage collection residential and commercial franchise fees and other applicable revenues for services through September 30, 2007. County shall pay CITY $3,780 for solid waste assessments collected for single family home service from October 1, 2007 through December 31, 2007. 10. Drainage Improvements — COUNTY will complete drainage improvements currently underway in Boniello Gardens at COUNTY's cost. As part of the drainage improvements, the COUNTY will resurface the pavement and reconstruct/restore the sidewalks and swales affected by the drainage improvement construction. FTL 1169133:2 3 EXHIBIT B (Legal Description) FTL:1169133:2 Prospect Field Road/West Commercial Blvd. Annexation Boundary Description A portion of Section 17, Township 49 South, flange 42 East, Broward County, Florida, more particularly described as follows: BEGIN at the point of intersection of the North line of the Southeast One -Quarter (SE 114) of the Northeast One-Quarter(NE 114) of said Section 17 with the East line of the West One -Half (W %) of the Southeast Ogre -Quarter (SE 114) of the Northeast One -Quarter (NE 114) of said Section 17, said point being on the municipal boundary of the City of Tamarac, as established by Ordinance No. 0-81-17 of the City of Tamarac; Thence along said municipal boundary the following 3 courses; Thence Westerly, along said North ling, to a point 50.00 feet East of the West line of the Southeast One -Quarter (SE 114) of the Northeast One -Quarter (NE 114) of said Section 17; Thence Southerly, along a line 50.00 feel East of and parallel with the West line of the Southeast One -Quarter (SE 114) of the Northeast One -Quarter (NE 114) of said section 17, said line being the East right of way line of Prospect Field Road, to a point of intersection with the South line of the North One -Half (N 112) of the Northwest One -Quarter (NW 114) of the Southeast One -Quarter (SE 114) of the Northeast One -Quarter (NE 114) of said Section 17; Thence Easterly, along said South line, to the Southeast corner of the North One -Half (N 112) of the Northwest One -Quarter (NW 114) of the Southeast One -Quarter (SE 114) of the Northeast One -Quarter (NE 114) of said Section 17, said point being on the municipal boundary of the City of Fort Lauderdale, as established by Chapter 71-640, Laws of Florida; Thence Northerly, along the East line of the Northwest One -Quarter (NW 114) of the Southeast One -Quarter (SE 114) of the Northeast One -Quarter (NE 114) of said Section 17, and along said municipal boundary to the POINT OF BEGINNING. Shoe! ? or 2 Dart` REVISION$ DY r.-, RW�ANNrf>eA1•rANs1C.ES PROJEcTSlPROSPEC7-W.COMM-SLVD,DWG prnwan r - 0°µme Chock®d Br r��h BROWARD COUNTY HIGHWAY CONSTRUCTION & ENGINEERING DIVISION Prospect Field Road/West Commercial Blvd. Annexation Boundary Map of Description North line of SE 114 Scale: Not to Scale _ of NE 114 of Section 17 1 Section 17-49-42 PPOSPEGT FIELD ROAD Municipal boundary City of Tamarac ` (Ordinance No. 0-61.17) P.O.B. pRoSPECT FtF-1-D COtN RC1 A1- BLVD• South line of N 1/2, of NW1/4, of SE 114 of NE 114 of Section 17 Municipal boundary-/ City of Tamarac (Ordinance No. 0-81-17) w East R/W line L —ft ---. of Prospect w Field Road Cl u� c� cy West line of SE 114, of NE 114 of Section 17 WEST COMMERCIAL BOULEVARD CERTIFIEb .BY:r�4-A4 I l Richard Tornese, P.E. Director IdL 0. a.a va ca N, LEGEND: Annexation legal description boundary line P,OA = Poinl of Beginning RM✓ = Right of Way E:1RW ANA:EXA77ONSU.ES PROJECTSIP OSPECr-W-COMM-RVA.DWG Sheet 2 of 2 NOTE: THIS IS NOT A SKETCH OF SURVEY, but only a graphic depiction of the 4. "Prospect Field Road/West Commercial Blvd," Annexation description, There are no monuments set in connection with the preparation of the information shown hereon. 1 Broward County makes no representation or guarantees as to the information shown 2, hereon pertaining to easements, rrght-of Ways, setback lines, reservations, 1 agreements, etc., nor is 1t the intent of this instrument to reflect all such matters. Such information should be obtained and confinned by others through appropriate title DATE REVISIONS BY verification, Dravm ay.* tare ChaoAdd Sr- Dare John P..W# J. 1 -f eM it ta BR7WARD COUNTY HIGHWAY CONSTRUCTION & ENGINEERING DIVISION Boniello Gardens Annexation Boundary Map of Des cri Lion BY., FIELD ROAD Municipal boundary City of Tamarac ` (Ordinance No. 0-81-17) North line of SE 114 - of NE 114 of Section 17 P.O.B. 7. GARDENS gON1ELL0 South line of N 112, of NW1/4, of SE 114 of NE 114 of Section 17 Municipal boundary J o City of Tamarac a (Ordinance No. "1-17) z East R/W line c~i --a -- of Prospect Field Road West line of SE 114, of NE 114 of Section 17 WEST COMMERCIAL BOULEVARD CERTIFIED RichatV Tomese, P.E. Director E:IRMANNEXATIONSILES PROJECTSIBONIELLO-GARDENS.DWG NOTE. THIS IS NOT A SKETCH OF SURVEY, but only a graphic depiction of the "Boniello Gardens" Annexation description. There are no monuments set in connection with the preparation of the information shown hereon. Broward County makes no representation or guarantees as to the information shown hereon pertaining to easements, right-of-ways, setback lines, reservations, agreements, etc., nor is it the intent of this instrument to reflect all such matters. Such information should be obtained and confirmed by others through appropriate title verification. Scale: Not to Scale Section 17-49-42 LEGEND: = Annexation legal description boundary line P.O. B. = Point of Beginning R/W = Right of Way = Annexation area Sheet 2 of 2 I DATE I REVISIONS I BY BROWARD COUNTY HIGHWAY CONSTRUCTION & ENGINEERING DIVISION CITY OF TAMARAC MEMORANDUM NO.2007-092 TO: Andrew Berns,l✓conomic Development Officer CC: Jeffrey Miller, City Manager Michael Cernech, Deputy City Manager Diane Phillips, Assistant City Manager Marion Swenson, City Clerk Jennifer Bramley, Community Development Director FROM: Samuel S. Goren, City Attorney David N. Tolces, Assistant City 11torje', DATE: September 25, 2007 RE: City of Tamarac ("City") / Interlocal Agreement between Broward County and the City of Tamarac to Implement Annexation of Boniello Gardens ("ILA") Attached please find the signed copy of the above referenced ILA with Broward County regarding the Boniello Gardens Annexation. Please contact our office if you have any questions or require any additional information. Enclosure(s) SSG:DNT:js HA200"50164 TAMARAC\MEMO 2007\2007-092 (annexation).doc INTERLOCAL AGREEMENT = Between BROWARD COUNTY and the CITY OF TAMARAC to IMPLEMENT ANNEXATION OF BONIELLO GARDENS This is an Interlocal Agreement, made and entered into by and between: BROWARD COUNTY, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY," AND The CITY OF TAMARAC, a municipal corporation of the State of Florida, hereinafter referred to as "CITY." WHEREAS, in order to establish the background, context, and frame of reference for this Agreement and to provide a general background regarding the objectives and intentions of COUNTY and CITY, the following statements, representations, and explanations are predicates for the undertakings and commitments included within the provisions which follow and shall be construed as essential elements of the mutual considerations upon which this Interlocal Agreement is based; and WHEREAS, it is the purpose and intent of this Agreement for COUNTY and CITY to provide for a means by which each governmental entity may exercise cooperatively its respective powers and privileges in order to further a common goal; and WHEREAS, this Agreement is an Interlocal Agreement entered into pursuant to Section 163.01, Florida Statutes (2004), the Florida Intergovernmental Cooperation Act of 1969, as amended. Prior to the effectiveness of any provisions of this Agreement and any amendments hereto, this Agreement including any amendments shall be filed as provided by Section 163.01(11); and WHEREAS, the purpose and intent of this Agreement is to provide for transition of the voter -approved annexation pursuant to City of Tamarac Ordinance 0-2007-02 from COUNTY to CITY including any and all traditional municipal services unless otherwise provided herein, and as more particularly described in Exhibit "A", attached hereto; and WHEREAS, pursuant to City of Tamarac Ordinance 0-2007-02 the annexation will become effective on September 15, 2007; and WHEREAS, it is in the best interests of CITY and COUNTY to ensure a smooth transition of services and facilities from COUNTY to CITY. NOW, THEREFORE, IN CONSIDERATION of the mutual terms, conditions, promises, covenants and payments hereinafter set forth, COUNTY and CITY agree as follows: FTL:1169133:2 1 ARTICLE 1 DEFINITIONS AND IDENTIFICATIONS 1.1 Agreement — means this document, Articles 1 through 8 inclusive. Other terms and conditions are included in the exhibits and documents that are expressly incorporated by reference. 1.2 Board — The Broward COUNTY Board of COUNTY Commissioners, 1.3 CITY Contract Administrator — The Tamarac City Manager, or his/her designee, is the CITY Contract Administrator. The primary responsibilities of the CITY Contract Administrator are to coordinate and communicate with COUNTY and to manage and supervise execution and completion of the Scope of Services and the terms and conditions of this Agreement as set forth herein. In the administration of this Agreement, as contrasted with matters of policy, all parties may rely on the instructions or determinations made by the CITY Contract Administrator; provided, however, that such instructions and determinations do not change the Scope of Services. 1.4 COUNTY Contract Administrator — The Broward COUNTY Administrator, or his/her designee, is the COUNTY Contract Administrator. The primary responsibilities of the COUNTY Contract Administrator are to coordinate and communicate with CITY and to manage and supervise execution and completion of the Scope of Services and the terms and conditions of this Agreement as set forth herein. In the administration of this Agreement, as contrasted with matters of policy, all parties may rely on the instructions or determinations made by the COUNTY Contract Administrator; provided, however, that such instructions and determinations do not change the Scope of Services. ARTICLE 2 SCOPE OF SERVICES 2.1 CITY shall perform all work, tasks, functions and services identified to be performed by CITY in this Agreement and in Exhibit "A", and COUNTY shall perform all work, tasks, functions, and services identified to be performed by COUNTY in this Agreement and in Exhibit "A." The parties agree that the Scope of 'Services is a description of their obligations and responsibilities and is deemed to include preliminary considerations and prerequisites, and all labor, materials, equipment, work, tasks, functions, and services which are such an inseparable part of the matter described that exclusion would render performance by the party obligated impractical, illogical or unconscionable. FTLI169133:2 2 2.2 CITY acknowledges and agrees that the COUNTY Contract Administrator has no authority to make changes that would increase, decrease, or otherwise modify the Scope of Services to be provided under this Agreement. Likewise, COUNTY acknowledges and agrees that the CITY Contract Administrator has no authority to make changes that would increase, decrease, or otherwise modify the Scope of Services to be provided under this Agreement. ARTICLE 3 EFFECTIVENESS- TERM AND TIME OF PERFORMANCE 3.1 This Agreement shall become effective only upon being executed by all of the parties and, shall be further expressly subject to the annexation of the Property. If this Agreement becomes effective, the term, and the obligations hereunder, shall begin on the effective date of this Agreement and shall end upon completion of the performance of COUNTY obligations under this Agreement. COUNTY obligations under this Agreement shall terminate with the expiration of this Agreement except as provided in Exhibit A. Notwithstanding any other provision, the parties' obligations under this Agreement shall not extend beyond September 30, 2008. 3.2 Time shall be deemed to be of the essence in performing the duties, obligations and responsibilities required by this Agreement. ARTICLE. 4 CHANGE IN SCOPE OF SERVICS Any change to the Scope of Services must be accomplished by a written amendment, executed by CITY and COUNTY in accordance with Section 8.15 below. ARTICLE 5 GOVERNMENTAL IMMUNITY CITY is a Florida municipality, and agrees to be fully responsible for acts and omissions of its agents or employees to the extent permitted by law. Nothing herein is intended to serve as a waiver of sovereign immunity by any party to which sovereign immunity may be applicable. Nothing herein shall be construed as consent by a state agency or political subdivision of the State of Florida to be sued by third parties in any matter arising out of this Agreement or any other contract. Likewise, COUNTY is a political subdivision as defined in Chapter 768.28, Florida Statutes, and agrees to be fully responsible for acts and omissions of its agents or employees to the extent permitted by law, Nothing herein is intended to serve as a waiver of sovereign immunity by any party to which sovereign immunity may be applicable. Nothing herein shall be construed as consent by a state agency or political subdivision of the State of Florida to be sued by third parties in any matter arising out of this Agreement or any other contract. FTLI 169133:2 3 ARTICLE 6 INSURANCE CITY is a Florida municipality, and CITY shall furnish the COUNTY Contract Administrator with written verification of liability protection in accordance with.state law prior to final execution of said Agreement. COUNTY is a political subdivision as defined by Section 768.28, Florida Statutes, and COUNTY shall furnish the CITY Contract Administrator with written verification of liability protection in accordance with state law prior to final execution of said Agreement. ARTICLE 7 TERMINATION This Agreement may be terminated for cause by action of COUNTY or by CITY if, after written notice from the aggrieved party identifying the breach, the party in breach has not corrected the breach within thirty (30) days or if the nature of the breach is such that it cannot be corrected within thirty (30) days, the party in breach has not commenced and diligently pursued action to promptly correct the breach. Termination of this Agreement shall not cause any interest in real or personal property that was transferred to CITY to revert to COUNTY and shall not cause any transfer of municipal services, or obligations transferred from COUNTY to CITY to revert to COUNTY. Notice of termination shall be provided in accordance with the "NOTICES' section of this Agreement. ARTICLE 8 MISCELLANEOUS 8.1 OWNERSHIP OF DOCUMENTS Any and all reports, photographs, surveys, and other data and documents created in connection with this Agreement are and shall remain the property of the party that created same and will be made available to the other party for inspection or use at no cost. FTL.1169133:2 4 8.2 AUDIT AND RETENTION OF RECORDS CITY and COUNTY shall have the right to audit the books, records, and accounts that are related to this Agreement. CITY and COUNTY shall keep such books, records, and accounts as may be necessary in order to record complete and correct entries related to this Agreement. CITY and COUNTY shall preserve and make available, at reasonable times for examination and audit, all financial records, supporting documents, statistical records, and any other documents pertinent to this Agreement for the required retention period of the Florida Public Records Act (Chapter 119, Florida Statutes), if applicable, or, if the Florida Public Records Act is not applicable, for a minimum period of three (3) years after termination of this Agreement. If any audit has been initiated and audit findings have not been resolved at the end of the retention period or three (3) years, whichever is longer, the books, records, and accounts shall be retained until resolution of the audit findings. 8.3 NONDISCRIMINATION, EQUAL. EMPLOYMENT OPPORTUNITY AND AMERICANS WITH DISABILITIES ACT CITY and COUNTY shall not unlawfully discriminate against any person in its operation and activities or in its use or expenditure of funds in fulfilling its obligations under this Agreement. CITY and COUNTY shall comply with all applicable provisions of the Americans with Disabilities Act (ADA) in the course of providing any services funded, including Titles I and II of the ADA (regarding nondiscrimination on the basis of disability), and all applicable regulations, guidelines and standards. CITY's and COUNTY's decisions regarding the delivery of services under this Agreement shall be made without regard to or consideration of race, age, religion, color, gender, sexual orientation (Broward County Code, Chapter 16 1 /2), national origin, marital status, physical or mental disability, political affiliation, or any factor which cannot be lawfully used as a basis for service delivery. CITY and COUNTY shall not engage in or commit discriminatory practice in violation of the Broward COUNTY Human Rights Act (Broward County Code, Chapter 16 1/2) in performing any services pursuant to this Agreement. 8.4 INDEPENDENT CONTRACTOR CITY and COUNTY are independent contractors under this Agreement. Services provided by CITY and COUNTY pursuant to this Agreement shall be subject to the supervision of CITY and COUNTY. In providing such services, neither CITY nor COUNTY or its agents shall act as officers, employees, or agents of CITY or COUNTY. This Agreement shall not constitute or make the parties a partnership or joint venture. FTLA 169133:2 5 8.5 THIRD PARTY BENEFICIARIES Neither CITY nor COUNTY intends 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. 8.6 NOTICES Whenever either party desires to give notice to the other, such notice must be in writing, sent by certified United States Mail, postage prepaid, return receipt requested, or by hand delivery with a request for a written receipt of acknowledgement of delivery, addressed to the party for whom it is intended at the place last specified. The place for giving notice shall remain the same as set forth herein until changed in writing in the manner provided in this section. For the present, the parties designate the following: FOR BROWARD COUNTY: Pamela Brangaccio, County Administrator Government Center, Suite 409 115 South Andrews Avenue Fort Lauderdale, Florida 33301 1101 ttel M Jeffrey L. Miller, City Manager 7525 N.W. 88th Avenue Tamarac, FL 33321-2401 COPY TO Samuel S. Goren, City Attorney 3088 E. Commercial Blvd, Suite 200 Fort Lauderdale, FL 33308 8.7 ASSIGNMENT Neither this Agreement nor any interest herein shall be assigned, transferred or encumbered by either party. FTLA 169133:2 6 8.8 WAIVER OF BREACH Neither COUNTY's nor CITY's failure to enforce any provision of this Agreement shall be deemed a waiver of such provision or modification of this Agreement. A waiver of any breach of a provision of this Agreement shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of the terms of this Agreement. 8.9 COMPLIANCE WITH LAWS CITY 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. Likewise, COUNTY 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. 8.10 SEVERANCE In the event this Agreement or a material provision of this Agreement is found by a court of competent jurisdiction to be invalid, illegal or unenforceable, the remaining provisions shall continue to be effective. 8.11 JOINT PREPARATION AND INTERPRETATION The parties 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 their joint effort. The language agreed to expresses 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 any other. 8.12 CONSTRUCTION OF AGREEMENT The truth and accuracy of each "Whereas" clause set forth above is acknowledged by the parties and same are hereby incorporated into and made a part of this Agreement. It is the intent of the parties that this Agreement shall be liberally construed and interpreted consistent with the "Whereas" clauses set forth herein so as to fully effectuate its purposes and intent. FTL.1169133:2 7 8.13 PRIORITY OF PROVISIONS If there is a conflict or inconsistency between any term, statement, requirement, or provision of any exhibit attached hereto, any document or events referred to herein, or any document incorporated into this Agreement by reference, and a term, statement, requirement, or provision of this Agreement, the term, statement, requirement, or provision contained in Articles 1 through 8 of this Agreement shall prevail and be given effect. 8.14 APPLICABLE LAW AND VENUE This Agreement shall be interpreted and construed in accordance with and governed by the laws of the State of Florida. Venue for litigation concerning this Agreement shall be in the Seventeenth Judicial Circuit state court in and for Broward County, Florida. 8.15 AMENDMENTS No modification, amendment, or alteration in the terms or conditions contained herein shall be effective unless contained in a written document prepared with the same or similar formality as this Agreement and executed by the Board and the governing body of CITY. 8.16 PRIOR AGREEMENTS This document incorporates and includes all prior negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements or understandings concerning the subject matter of this Agreement that are not contained in this document. Accordingly, the parties agree that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. It is further agreed that no modification, amendment or alteration in the terms or conditions contained herein shall be effective unless set forth in writing in accordance with Section 8.15 above. 8.17 REMEDIES If either COUNTY or CITY is in default hereunder, the non -defaulting party shall be entitled to pursue any and all available legal and equitable remedies including, without limitations, the remedy of specific performance of any term, condition, or obligation of this Agreement. FTL:1169133:2 8 8.18 INCORPORATION OF EXHIBITS The attached Exhibits "A" and "B" are incorporated into and made a part of this Agreement. 8.19 RECORDATION OF AGREEMENT This Agreement may be recorded in the Official Records of Broward COUNTY, Florida, if either party so desires. 8.20 MULTIPLE ORIGINALS This Agreement may be fully executed in four (4) copies by all parties, each of which, bearing original signatures, shall have the force and effect of an original document. FTL:11691312 9 INTERLOCAL AGREEMENT BETWEEN THE COUNTY AND THE CITY OF TAMARAC TO IMPLEMENT THE ANNEXATION OF THE BONIELLO GARDENS INTO THE CITY IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement: Broward COUNTY through its Board of County Commissioners, signing by and through its Mayor or Vice -Mayor, authorized to execute same by Board action, and CITY, signing by and through its Mayor and City of Tamarac Clerk duly authorized to execute same. ATTEST: i Bf,p6ard County Admini; x-officio Clerk of the Br County Board of County Commissioners Insurance Requirements Approved by Broward COUNTY Risk Management Division "' COUNTY BROWARD COUNTY, by and through it's Board of County Commissioners 14 M Vd Day of°-c�" '''r 2007 Approved as to form by: Jeffrey J. Newton, County Attorney Broward County, Florida Governmental Center, Suite 423 115 South Andrews Avenue Fort Lauderdale, Florida 33301 Telephone: (954) 357-7600 Telecopier: _(4!54) 357-7641 0 R- aq-b7 FTL 1169133-2 10 INTERLOCAL AGREEMENT BETWEEN THE COUNTY AND THE CITY OF TAMARAC TO IMPLEMENT THE ANNEXATION OF BONIELLO GARDENS INTO THE CITY CITY /r? City Clerk Approved As To Form- Q fc a-.-. A 1 1 C; STATE OF FLORIDA COUNTY OF BROWARD CITY OF TAMARAC, FLORIDA ay of 2007 (SEAL) City Attorney The foregoing instrument was acknowledged before me this Cl& day of 2007 by Siaws Mayor of the CITY of Tamarac, a Florid municipal corporation, on behalf of the municipal corporation, who is personally known to me. '►9w." � P> trie.ia A. Tedel +. *� Commission #DD244811 Expires: Aug 25, 2007 Notary Public State of Florida Bonded Thru Atlantic Bonding Co., Inc. N:\2006\060485\Tamarac Boniello Gardens Agreement FINAL doc FTL 1169133:2 11 EXHIBIT A OBLIGATIONS OF CITY AND COUNTY 1. Types of Services Transitioned to CITY - Except as otherwise provided in this Agreement, CITY shall be responsible for the following services in the annexed areas on October 1, 2007: • Building Code Enforcement • Zoning Code Enforcement • Occupational Licenses - • Planning, Zoning and Development Review • Neighborhood Parks and Recreation • Housing and Community Development • Garbage Collection • School Guards • Maintenance of Roads and Rights -of -way and Associated Stormwater Structures • Street Lighting • Fire Rescue (currently provided by BSO) • Police Service (currently provided by BSO) 2. Building Cade „Services — All applications for building permits submitted prior to the effective date of this Agreement shall be reviewed, issued, inspected and finalized by COUNTY, including expired building permits, which are renewed. Upon the issuance of a certificate of occupancy by COUNTY, any further enforcement of the Broward County Code of Ordinances shall be performed by CITY. All applications for building permits submitted after the effective date of this Agreement shall be reviewed, issued, inspected, and finalized by CITY. COUNTY shall continue to monitor and enforce all outstanding building code violations including issuance of building permits and inspections required to rectify outstanding violations. Upon annexation, the CITY's Code of Ordinances shall apply within the annexed area. By October 1, 2007, the COUNTY will provide the CITY with a report of all pending building permits and building permit applications. 3. Zoning Code Services - On October 1st of the year in which the annexation becomes effective, COUNTY shall provide all outstanding zoning violations to CITY. In addition, all active non -expired permits and certificates of use that are outstanding on October Vt of the year the annexation becomes effective will be finalized and inspected by the COUNTY. Following October 15t of the effective date of the annexation, building inspectors will no longer provide any inspections related to the zoning certificate of use program, which certificate of use program will be assumed by CITY. Zoning designations under the Broward County Zoning Code shall remain in effect until CITY adopts an ordinance changing the zoning designations. Upon annexation, CITY shall be responsible for enforcement of all other provisions of the CITY'S Code of Ordinances, site plan review, variances, certificates of use and zoning permits within the annexed area. FTL:1169133.2 1 4. En ineerin and Right -of -Way Management - In accordance with, and subject to the exceptions set forth in City of Tamarac Ordinance 0-2007-02, all public roads and the public rights -of -way associated therewith, on the Broward County Road System, lying within the limits of the annexed lands as described in Exhibit B are transferred from COUNTY jurisdiction to the jurisdiction of CITY, hereinafter referred to as "Transferred Roads." All rights, title, interests, and responsibilities for the Transferred Roads, including, but not limited to, the ownership, operation, maintenance, planning, design, and construction of said public roads and the rights -of -way associated therewith, are deemed transferred from COUNTY's jurisdiction and ownership to the jurisdiction and ownership of CITY upon the effective date of the annexation. All storm sewers and associated stormwater outfalls serving roads that are transferred to CITY as part of the annexation shall be owned and maintained by the CITY. All outstanding Engineering Division permits concerning right-of-way shall be inspected and finalized by COUNTY. Bonds held by COUNTY for outstanding Engineering Division permits will be maintained by COUNTY until successful completion of the one-year warranty maintenance period. Any work in the right-of-way of a Transferred Road submitted for permit after the effective date of this agreement shall be issued, inspected, and finalized by CITY. 5. Street Maintenance ---- COUNTY agrees to continue to maintain the Transferred Roads as described in Section 4 until October 1, 2007. CITY hereby acknowledges that CITY will assume responsibility for maintenance of the Transferred Roads as described in Section 4 above beginning October 1, 2007. 6. Planning and Development Review — CITY shall be responsible for the review of all plats within the annexed area which have not been approved by the Broward County Board of County Commissioners upon the effective date of the annexation. All plats approved by the Broward County Board of County Commissioners prior to the effective date of the annexation shall be entitled to be recorded as if such a plat was still subject to review by COUNTY. CITY shall be responsible for neighborhood planning as of the effective date of this Agreement. CITY shall be responsible for the review of all final site plan applications which have not received a development order from COUNTY prior to the effective date of this Agreement. The Future Unincorporated Land Use Element of the Broward County Comprehensive Plan shall remain in effect until CITY adopts an ordinance changing such land use designation by a majority plus one of the full governing body of CITY. Upon annexation, CITY shall be responsible for implementation and administration of the Future Unincorporated Land Use Element of the Broward County Comprehensive Plan within the annexed area. All applications for rezoning shall continue to be processed by COUNTY until the annexation becomes effective. FTL:1169133.2 2 7. Allocation of Revenues — CITY shall initiate and coordinate with COUNTY the notification and filing process to ensure that all Municipal, COUNTY and State revenue sources listed below are transitioned to CITY on October 1, 2007. COUNTY shall make provisions for per capita revenue sharing payments to CITY on behalf of the annexed area until that point in time at which all State of Florida, COUNTY and Municipal revenue sharing sources based on population formulas recognize the population of the annexed area as part of the CITY of Tamarac and that recognition is reflected in CITY's annual share of State revenues. • Electric Utility Taxes • Communication Services Taxes • Electric Franchise Fees • State Revenue Sharing • Gas Taxes • Sales Tax 8. Transfer of Records — All records will be transferred to CITY commencing September 15, 2007 and proceed continuously until all records in the annexation area are transferred to CITY based on a mutually agreed upon schedule. By October 1, 2007, the COUNTY will provide the CITY with a record of all outstanding code enforcement matters related to properties located within the annexation area. 9. Garbage Collection_- COUNTY shall provide waste collection and recycling services to properties covered by the County's Mandatory Collection program through September 30, 2007. COUNTY shall accrue all garbage collection residential and commercial franchise fees and other applicable revenues for services through September 30, 2007. County shall pay CITY $3,780 for solid waste assessments collected for single family home service from October 1, 2007 through December 31, 2007, 10. Draina a Improvements — COUNTY will complete drainage improvements currently underway in Boniello Gardens at COUNTY's cost. As part of the drainage improvements, the COUNTY will resurface the pavement and reconstruct/restore the sidewalks and swales affected by the drainage improvement construction. FTL1169133 2 3 EXHIBIT B (Legal Description) FTLA 16913312 Prospect Field Road/West Commercial Blvd. Annexation Boundary Description ,4 portion of Section 17, Township 49 South, Range 42 East. Broward County, Florida, more particularly described as follows: BEGIN at the point of intersection of the North line of the Southeast One -Quarter (SE 114) of the Northeast One-Quarter{NE 114) of said Section 17 with the East line of the West One -Half (W /) of the Southeast One. -Quarter (SE 114) of the Northeast One -Quarter (NE 114) of said Section 17, said point being on the municipal boundary of the City of Tamarac, as established by Ordinance No. 0-81-17 of the City of Tamarac; Thence along said municipal boundary the Wowing 3 courses; Thence Westerly, along said North line, to a point 50.00 feet East of the West line of the Southeast One -Quarter (SE 114) of the Northeast One -Quarter (NE 114) of said Section 17; 'thence Southerly, along a fine 50.00 feet East of and parallel with the West line of the Southeast One -Quarter (SE 114) of the Northeast One -Quarter (NE 114) of said section 17, said line being the East right of way line of Prospect Field Road, to a point of intersection with the South line of the North One -Half (N 112) of the Northwest One -Quarter (NW 114) of the Southeast One -Quarter (SE 114) of the Northeast One -Quarter (NE 114) of said Section i7; Thence Easterly, along said South line, to the Southeast comer of the North One -Hatt (N 112) of the Northwest One --Quarter (NW 114) of the Southeast One -Quarter (SE 114) of the Northeast One -Quarter (N€ 114) of said Section 17, said point being on the municipal boundary of the City of Fort Lauderdale, as established by Chapter 71-640, Laws of Florida; Thence Northerly, along the East line of the Northwest One -Quarter (NW 114) of the Southeast One -Quarter (SE 114) of the Northeast One -Quarter (NE 114) of said Section 17,and along said municipal boundary to the POINT OF BEGINNING. Sheet 1 or 2 E:IRMANNFW-IONSZES ! ROJI C754PRDSF'E'Cr-fN-GQMM-BLVL7.DWC BROWARD COUNTY HIGHWAY CONSTRUCTION & ENGINEERING DIVISION 4, 3. z f. DATE REV1SIONS QY im'm 8y John P,-Dlri J. Date Chucked BY 1U-17-D bale Boniello Gardens Annexation Boundary BY. Ma of Description PROSPECT FIELD ROAD Municipal boundary City of Tamarac (Ordinance No. 0-81-17) North line of SE 114 - of NE 114 of Section 17 P.O.B. gON1E4l.D: GARDENS.:. South line of N 112, of NW1/4, of SE 114 of NE 114 of Section 17 Municipal boundary J City of Tamarac It (Ordinance No. 0-81-17) 0 LL East R/W line ► �-- of Prospect Q Field Road 0 4 West line of SE 114, of NE 114 of Section 17 WEST COMMERCIAL BOULEVARD CERTIFIED Richard Tomese, P.E. Director E:IRWIANNEXATIONSILES PROJECTSIBONIELLO-GARDENS.DWG NOTE. THIS IS NOT A SKETCH OF SURVEY, but only a graphic depiction of the "Boniello Gardens" Annexation description. There are no monuments satin connection with the preparation of the information shown hereon. Broward County makes no representation or guarantees as to the information shown hereon pertaining to easements, right-of-ways, setback lines, reservations, agreements, etc., nor is it the intent of this instrument to reflect all such matters. Such information 1 Scale: Not to Scale Section 17-49-42 v LEGEND: = Annexation legal description boundary line P.O. R = Point of Beginning RAN = Right of Way = Annexation area Sheet 2 of 2 4. 3. 2. 1. should be obtained and confirmed by others through appropriate title verification. DATE REVISIONS BY Drawn By: Date checked By. Defe John P.-Diii J, _ 10-17-06 ,.._ BROWARD COUNTY HIGHWAY CONSTRUCTION & ENGINEERING DIVISION Boniello Gardens Annexation Boundary Map of Description F-IYA PROSPECT FIELD ROAD Municipal boundary City of Tamarac "- (Ordinance No. 0-81-17) North line of SE 114 - of NE 114 of Section 17 P. Q. B, gpN1EL40 GARDENS South line of N 112, of NW1/4, of SE 114 of NE 114 of Section 17 Municipal boundary J o City of Tamarac O a (Ordinance No. 0-81-17) O J w East R/W line v --a* of Prospect w Field Road a W O a 4 West line of SE 114, of NE 114 of Section 17 WEST COMMERCIAL BOULEVARD CERTIFIED Richard Tomese, P.E. Director E:IRMANNEMTIONSILES PR0JECTS00NIEL1-0-GARDENS.DWG NOTE: THIS IS NOT A SKETCH OF SURVEY, but only a graphic depiction of the "Boniello Gardens"Annexation description. There are no monuments set in connection with the preparation of the information shown hereon. Broward County makes no representation or guarantees as to the information shown hereon pertaining to easements, right-of-ways, setback lines, reservations, agreements, etc., nor is it the intent of this instrument to reflect all such matters. Such information should be obtained and confirmed by others through appropriate title verification. Scale: Not to Scale Section 17-49-42 LEGEND: = Annexation legal description boundary line P.O.B. = Point of Beginning R/W = Right of Way 1 = Annexation area 3. Sheet 2 of 2 DATE I REVISIONS I 8y I Prawn By. I Data I Checked By: I Date , BROWARD COUNTY HIGHWAY CONSTRUCTION & ENGINEERING DIVISION