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HomeMy WebLinkAboutCity of Tamarac Resolution R-2006-0921 Temp. Reso # 10949 5/17/2006 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2006- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF TAMARAC AND THE WOODLANDS HOMEOWNERS' ASSOCIATION, INC., A FLORIDA CORPORATION, TO PROVIDE FOR MAINTENANCE OF PUBLIC WATERWAYS WITHIN THE WOODLANDS SUBDIVISION; PROVIDING FOR CONFLICTS, PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Tamarac was previously responsible for maintaining public waterways within the Woodlands Subdivision; and WHEREAS, the City of Tamarac entered into an agreement with the Woodlands Homeowners' Association on July 8, 1998 through Resolution No. R-98-203 which provided for the Association to assume the maintenance of the public waterways in exchange for reimbursement from the City for a term of five (5) years, said Resolution hereto attached as Exhibit 1; and WHEREAS, the original agreement expired on July 8, 2003 and has subsequently been extended through June 8, 2004 via the execution of three (3) agreement addenda, hereto attached as Exhibits 2, 3, and 4; and WHEREAS, the City of Tamarac and the Woodland Homeowners' Association, Inc. entered into a new five (5) year Agreement on June 8, 2004, hereto attached as Exhibit 5; and Temp. Reso # 10949 5/17/2006 Page 2 WHEREAS, the Woodlands Homeowners' Association has expressed the desire to continue its responsibility for the maintenance of the public waterways within the Woodlands Subdivision but has requested an increase in the reimbursement amount (see letter dated March 31, 2006, Exhibit 6) to the existing Agreement; and WHEREAS, the City of Tamarac agrees to said change and is willing to execute a new Agreement between the Woodlands Homeowners' Association, Inc. and the City of Tamarac for the Maintenance of Public Waterways for a five (5) year term beginning October 1, 2006 ; and WHEREAS, the Director of Public Works and the Purchasing and Contracts Manager recommend that the appropriate City Officials execute the Agreement between the Woodlands Homeowners' Association, Inc. and the City of Tamarac for the Maintenance of Public Waterways; and WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in the best interest of the citizens and residents of the City of Tamarac to execute the Agreement between the Woodlands Homeowners' Association, Inc. and the City of Tamarac for the Maintenance of Public Waterways. 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 upon adoption hereof. L Temp. Reso # 10949 5/17/2006 Page 3 SECTION 2: The appropriate City Officials are hereby authorized to execute the Agreement between the Woodlands Homeowners' Association, Inc. and the City of Tamarac for the Maintenance of Public Waterways, hereto attached as Exhibit 7. SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4: 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. PASSED, ADOPTED AND APPROVED this �(.� day of J Cne , 2006. ATTEST: MARION-SWE SON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. 1,0 MAYOR RECORD OF COMMISSION VOTE: MAYOR FLANSBAUM-TALABISCO DIST 1: V/M PORTNER DIST 2: COMM. ATKINS-GRAD DIST 3: COMM. SULTANOF DIST 4: COMM. DRESSLER I /, // AZ �-� 50REN-J-6 6,1111,1, tz- CIT ATTORNEY EXHIBIT 1—TR#10949 11 Temp. Reso. #8320 Page 1 June 22, 1998 Revision 1: July 1, 1998 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-98 -9- 0 3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF TAMARAC AND THE WOODLANDS HOMEOWNERS' ASSOCIATION, INC., A FLORIDA CORPORATION, TO PROVIDE FOR -MAINTENANCE OF PUBLIC WATERWAYS WITHIN THE ^WOODLANDS SUBDIVISION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Tamarac is currently responsible for maintaining the public waterways within the Woodlands subdivision; and WHEREAS, the Woodlands Homeowners' Association, Inc. has expressed the desire to assume the responsibility of maintaining the public waterways within the Woodlands subdivision, attached hereto as Exhibit "A"; and WHEREAS, the Woodlands Homeowners' Association, Inc. desires to enter into an agreement with the City of Tamarac for maintenance of the aforementioned public waterways, attached hereto as Exhibit "B"; and WHEREAS, the Director of Public Works recommends that the attached Agreement between the City of Tamarac and the Woodlands Homeowners' Association, Inc. be approved; and hANIBIT 1 - TA*1U`!4`9 Temp. Reso. #8320 Page 2 June 22, 1998 Revision 1: July 1, 1998 WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in the best interest of the citizens and residents of the City of Tamarac to enter into an Agreement with the Woodlands Homeowners' Association, Inc. for maintenance of public waterways within the Woodlands subdivision. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: The foregoing WHEREAS clauses are HEREBY ratified and confirmed as being true and correct and are HEREBY made a specific part of this resolution upon adoption hereof. SECTION I That the appropriate City officials are HEREBY authorized to execute the Agreement between the City of Tamarac and the Woodlands Homeowners' Association, Inc., a Florida corporation, relating to the maintenance of public waterways within the Woodlands subdivision, attached hereto and made a part of this Resolution as Exhibit "B". SECTION 3: All Resolutions or parts of Resolutions in conflict herewith are HEREBY repealed to the extent of such conflict. SECTION 4: If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Resolution that can be given effect without the invalid provision or application, and to this end the provisions of this Resolution are declared to be severable. SECTION 5: This Resolution shall become effective immediately upon adoption. EXHIBIT 1 — TR#10949 1 PASSED, ADOPTED AND APPROVED this ATTEST: CAROL GOL , CMC/AAE CITY CLERK 1 I HEREBY CERTIFY that I approved this RESOLUTION as to form. MITCHELL S. KRAFT CITY ATTORNEY 1 Temp. Reso. #8320 Page 3 June 22, 1998 Revision 1: July 1, 1998 e day of ?A�- 1998. MAYOR RECORD OF COMMISSION VOTE MAYOR SCHREIBER DIST 1: , COMM. M°KAYE DIST 2: V/M MISHKIN DIST 3: MM. SULTANOF 161$t 4: CMM. ROBERTS aaiaaal. aJi1 L "— it\ll/JTJ Division AGREEMENT ADDENDUM BETWEEN THE CITY OF TAMARAC AND THE WOODLANDS HOMEOWNERS ASSOCIATION The CITY OF TAMARAC (City), a municipal corporation of the State of Florida, with principal offices located at 7525 NW 88" Avenue, Tamarac, Florida, 33321, and the Woodlands Homeowners Association, Inc. (Association), a Florida corporation, with principal offices located at 8051 West McNab Road, Tamarac, FL 33321, agree as follows: The parties named above entered into an agreement for canal maintenance on July 8, 1998. Per the terms of Section 2 (Term) of the original Agreement dated July 8,1998, the City and the Association agree to renew said Agreement for the term of six (6) months. This addendum will become effective on the expiration date of the original agreement, July 8, 2003, and will expire on January 8, 2004. All other provisions of the original agreement remain in effect as written. IN WITNESS WHEREOF, the parties hereby have made and executed this Agreement Addendum on the respective dates under each signature, the City of Tamarac signing through its City Manager and its City Commission signing by and through its Mayor, Joe Schreiber, and the Woodlands Homeowners Association, Inc., signing by and through its President, duly authorized to execute same. ATTEST: Marion Swenson, CMC City Clerk Date CITY OF TAMARAC J04A. NOW, City Manager Date Approved as to form and legal ufficiency: Mitchell S. Kraft, City ey b Date EXHIBIT 2 — TR#10949 of Tamarac ►.rIM;M6 (Corporate ecr ry) Division Woodlandsowne)rs Association, Inc. re of Lawrence Torn ype/Print Name of Corporate Secy. Type/Print Name of Lawrence Torn _ _h-q (CORPORATE SEAL) Date CORPORATE ACKNOWLEDGEMENT STATE OF FLORIDA COUNTY OF &Lt k /) .SS I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared Woodlands Homeowners Association, Inc., a Florida Corporation, to me known to be the person(s) described in and who executed the foregoing instrument and acknowledged before me that he/she executed the same. WITNESS my hand and official seal this c2 3 day of -We , 2003. )9-4x 0,.-V Sign t re f Notary public ,WN,, Nancy Ganant State of Florida at Large My commiasion 00066667 Vj „ Expires February 03, 2006 Print, Type or Stamp me of Notary Public Personally known to me or ❑ Produced Identification Type of I.D. Produced EDID take an oath, or DID NOT take an oath. EXHIBIT 3 - TR#IU949 UC-1:3=1 �,514Z1001aItl:I0i114E?% BETWEEN THE CITY OF TAMARAC AND THE WOODLANDS HOMEOWNERS ASSOCIATION The CITY OF TAMARAC (City), a municipal corporation of the State of Florida, with principal offices located at 7525 NW 8& Avenue, Tamarac, Florida,33321, and the Woodlands Homeowners Association, Inc. (Association), a Florida corporation, with principal offices located at 7100 West Commercial Boulevard, Suite 107, Tamarac, FL 33321, agree as follows: The parties named above entered into an agreement for canal maintenance on July 8, 1998. Per the terms of Section 2 (Term) of the original Agreement dated July 8,1998, the City and the Association agreed to renew said Agreement for the term of six (6) months. This addendum became effective on the expiration date of the original agreement, July 8, 2003, and will expire on January 8, 2004, Subsequent to expiration of the addendum approved and dated July 8, 2003, the Association has requested an additionalthree (3) month extension underthe terms and conditions of the original Agreement dated July 8, 1998. This second addendum will become effective on the expiration of the first, January 8, 2004, and will expire on April 8, 2004. The purpose of this Amendment is to provide for the extension of the Agreement term through April 8, 2004, as mutually agreed by the City and the Association herein; All other provisions of the original agreement remain in effect as written. IN WITNESS WHEREOF, the parties hereby have made and executed this Agreement Addendum on the respective dates under each signature, the City of Tamarac signing through its City Manager and the Woodlands Homeowners Association, Inc., signing by and through its President, duly authorized to execute same. ATTEST: J Marion Swenson, CMC City Clerk Date CITY OF-TAMARAC Jeffrey L.Uller.'City Manager z- tq-6�- Date Approved as to foam and legal sufficiency: Mitchell S. K aft, City Att rney s / Date L&�' .7 i . '31c'4 EXHIBIT 3—TR#I0949 ATTEST: Woodland me wners, Association, Inc, C rporate ecre ary) ' ignature of Lawrence Torn Type/ rint Nar a of Corporate S cy. Type/Print Name of Lawrence Torn z Ley (CORPORATE SEAL) Date CORPORATE ACKNOWLEDGEMENT STATE OF FLORIDA :SS COUNTY OF 4in2.id : I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared Woodlands Homeowners Association, Inc., a Florida Corporation, to me known to be the person(s) described in and who executed the foregoing instrument and acknowledged before me that he/she executed the same. WITNESS my hand and official seal this �'� day of jR2004. �t Sig ureINotary Public St to oforida at Large utr .�'t+ Nancy Gallant 0 �r� � MY COrr1r111$Sipn pD088857 �„sn��3.2006 _ �°"`°'� Print, Type or Stamp Name of Notary Public ( Personally known to me or ❑ Produced Identification Type of 1.D. Produced ] DID take an oath, or ❑ DID NOT take an oath. 08/23/05 17:29 FAX 9547242454 CITY OF TAMARAC CITY MGR --) PW 2035 G1 ", rra-c EXHIBIT 4 — T410949 PurclK sTinp and ConF:gC'ts ^ivrsiun . f1 \ : ! e S BETNIEEN THE CITY OF TAMARAC AND THE VjOODLANM HOMEOWNERS ASSOCIATION The CITY OF TAMARAC (City), a municipal corporation of the State of Florida, with principal offices looted at 7525 NW 6e Avenue, Tamarac, Florida, 33321, and the Woodlands Homeowners Association, Inc. (Association), Suite 1 Q7. Tamarac, FL 98327 agr principal with as fnllaMts� located at 7100 West Gomme The parties named above „entered „inio,ah_agropment for 0 Mntenence on July 8, 1998. th Per the terms of Section 2 (Term) a e original Agreemw t dated July g j We, the City and the Association agreed to renew sold Agreement for the term of six (8) months. This addendum berme effec4ve on the ex0roon date of the o 91M.- Agre8mert:, J41Y. 8. 2003, and Will expir8 Qn January S, 2004.. Subsequent to expiration of the addendum approved and dai. d:luly t�, 20i13, the Association has re4ussW en additionalthree (3) month emnsidn under the temis and conditions of th& origihal Agreement dated July 8, 1998. This second addendum will become effective on the expiration of the Drat, January 8, 2004, and will expire on April 8.2004. A final two (2) month extension 'wnder the same terms and: conditions of the original Agreemnt dated July 8,1598 has been requested by fhe Association: This third addendum will become effective on the expiration of the second, April. 8, 2004; The purpose of this Amendment is to provide for ,the, extension of the Agreement term through June @, 2004. as mu ualiy'agraed lay Xtid; GrtY a1104e p►$�stigt7 f~erein: All ether provisions of the original agreement remain1n-effed as written. IN WITNESS WHEREOF, the parties hereby nave made and executed this Agreement Addendum on the respective. datesunder �ignatUre; the City,of Tamarac signing through its City Manager and the Woodlands Homeowners Association, Inc.,,, signing by and through its President, duly authorized to execute. same ... C� � C . ARA Jeff M T City Mangier btZ ATTEST: Marian Swamn, CMG Gity Clerk 08/23/03 17:29 FAX 9547242454 CITY OF,TAMARAC CITY MGR a PW 0 036 miry or Trorr-rac�..�- ATTEST: -U" � ( orporate S c ary) EXHIBIT 4 - TR#10949 pur-chasing all colifracta 01visivn Woadlands Ho ne ssociation, Inc. S ture wre ce Tom J� TypelPrint Name f orporate Secy Ty 110 P'nnt Name of Lawrence Torn (CORPORATE SEAL) Rate CORPORATE ACKNOWLEDGEMENfi. STATE OF FLORIDA S COUNTY 4F I HEREBY CERTIFY that on this day, beforemb, an lflicer duly authorized in the State aforesaid and in the County aforesaid to take ackri0d meets; personally appeared Woodlands Homeowners Association, Inc., a Florida Corporation, to me known to be the person(e) described in and who executed the fore9oin9 instrument and acknowledged before me that helshe executed the same , this day ofD0�4. WITNESS my hand and offieial seal EXHIBIT 5 — TR#10949 1 Temp. Reso # 10456 May 14, 2004 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2004- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF TAMARAC AND THE WOODLANDS HOMEOWNERS' ASSOCIATION, INC., A FLORIDA CORPORATION, TO PROVIDE FOR MAINTENANCE OF PUBLIC WATERWAYS WITHIN THE WOODLANDS SUBDIVISION; PROVIDING FOR CONFLICTS, PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Tamarac was previously responsible for maintaining public waterways within the Woodlands Subdivision; and WHEREAS, the City of Tamarac entered into an agreement with the Woodlands Homeowners' Association on July 8, 1998 through Resolution No. R-98-203 which provided for the Association to assume the maintenance of the public waterways in exchange for reimbursement from the City for a term of five (5) years, said Resolution hereto attached as Exhibit 1; and WHEREAS, the original agreement expired on July 8, 2003 and has subsequently been extended through June 8, 2004 via the execution of three (3) agreement addendums, hereto attached as Exhibits 2, 3, and 4; and WHEREAS, the Woodlands Homeowners' Association has expressed the desire to continue its responsibility for the maintenance of the public waterways within the Woodlands Subdivision and execute a new Agreement between the Woodlands Homeowners' Association, Inc. and the City of Tamarac for the Maintenance of Public Waterways for a five (5) year term ending June 8, 2009 ; and EXHIBIT 5 — TR#10949 Temp. Reso # 10456 May 14, 2004 Page 2 WHEREAS, the Director of Public Works and the Purchasing and Contracts Manager recommend that the appropriate City Officials execute the Agreement between the Woodlands Homeowners' Association, Inc. and the City of Tamarac for the Maintenance of Public Waterways; and WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in the best interest of the citizens and residents of the City of Tamarac to execute the Agreement between the Woodlands Homeowners' Association, Inc. and the City of Tamarac for the Maintenance of Public Waterways. 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 upon adoption hereof. SECTION 2: The appropriate City Officials are hereby authorized to execute the Agreement between the Woodlands Homeowners' Association, Inc. and the City of Tamarac for the Maintenance of Public Waterways, hereto attached as Exhibit 5. SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4: 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. n i EXHIBIT 5 - TR10949 1 1 1 SECTION 5: passage and adoption. Temp. Reso # 10456 May 14, 2004 Page 3 This Resolution shall become effective immediately upon its PASSED, ADOPTED AND APPROVED this 261h day of May, 2004. ATTEST: MARION SWEKSON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. MITCHELIL )KF CITY ATTORN J E SCHREIBER ayor RECORD OF COMMISSION VOTE: MAYOR SCHREIBER DIST 1: COMM. PORTNER DIST 2: COMM. FLANSBAUM-TALABIS DIST 3: VIM SULTANOF DIST 4: COMM. ROBERTS EXHIBIT 6 — TR#10949 THE WOODLANDI "RS ASS'N., INC. March 31, 2006 Jack Strain, P.E. 6011 Nob Hill Road Tamarac, FL. 33321-6200 Re: The Woodlands Homeowners Association Dear Jack: The Woodlands would like renegotiate the contract we have with the City of Tamarac concerning the maintenance of our canals. Because of the necessity to increase the labor and the sudden large spike in the cost of fuel and especially chemicals; we have had to pay more than the amount you pay us to keep the canals in a condition relative to the canals in the other areas of Tamarac. We now need $3595. per month to do this work and we would like the new contract to begin June 1, 2006. The same anniversary of our old contract. We would like also to add an additional paragraph to our contract with the city that is as follows - The public works department each year will inspect the Woodlands canals to make sure that they conform to the standards of the City of Tamarac. Sincerely, 'Sri. �r �f S mour Margolis resident e Woodlands omeowners Association 7100 West Commercial Blvd. • Suite 107 • Lauderhill • Florida • 33319 • (954) 741-8811 Exhibit 7 — TR10949 Revision#1 5/25/2006 AGREEMENT BETWEEN THE WOODLANDS HOMEOWNERS ASSOCIATION, INC. AND THE CITY OF TAMARAC FOR MAINTENANCE OF PUBLIC WATERWAYS THIS AGREEMENT is made and entered into this I_ day of J Lne , 2006, by and between the City of Tamarac, a municipal corporation with principal offices located at 7525 NW 88t" Avenue, Tamarac, FL 33321 (hereinafter "CITY") and The Woodlands Homeowner's Association, Inc., a Florida Corporation with principal offices located at 7100 West Commercial Boulevard, Suite 107, Tamarac, FL 33321 (hereinafter "ASSOCIATION"), to provide for maintenance of public waterways within The Woodlands subdivision. WHEREAS, the CITY is responsible for maintaining the public waterways within The Woodlands subdivision; and WHEREAS, the ASSOCIATION, representing the intentions of all homeowners within The Woodlands subdivision, and the CITY have expressed the desire to assume the responsibility of maintaining the public waterways within The Woodlands subdivision; and WHEREAS, the ASSOCIATION and the CITY desire to enter into an agreement for the maintenance of public waterways within The Woodlands subdivision by ASSOCIATION. NOW, THEREFORE, in consideration of the terms and conditions, provisions, covenants and promises hereinafter set forth, the ASSOCIATION agrees that: 1. RECITALS: The parties agree that the foregoing recitals are true and correct and incorporated herein by this reference. 2. TERM: The term of this Agreement is for a period of five (5) years, beginning October 1, 2006, following City Commission approval of the Agreement. Upon expiration of the five (5) year term the parties may choose to terminate this Agreement, or renew the Agreement for another term by written agreement signed by the parties hereto for a term to be set by the renewal agreement. 1 Exhibit 7 — TR10949 Revision #1 5/25/2006 3 CI ASSOCIATION must bring all canals that are the subject of this Agreement to a level that is satisfactory to the CITY prior to the CITY resuming responsibility of the maintenance of the canals upon termination of this Agreement. ASSOCIATION shall reimburse CITY as provided in Section 8 of this Agreement for expenses CITY incurs due to ASSOCIATION's failure to bring the canals to a satisfactory level upon transfer of canal maintenance responsibility. For the purpose of this Agreement, public waterways within The Woodlands subdivision shall include all public waterways within the area bounded by Commercial Boulevard to the North, NW 44`" Street to the South, Rock Island Road to the East, and NW 64t" Avenue to the West, as depicted in Exhibit "A," attached hereto and incorporated herein. MAINTENANCE: The ASSOCIATION shall maintain all public waterways located within The Woodlands subdivision. This maintenance shall include but is not limited to all types of aquatic plant control, debris and fish kill removal, replenishment of Grass Carp, and other maintenance considered routine, excluding major construction or capital improvement projects. The ASSOCIATION shall remove all fish kill within forty-eight (48) hours of notification from the CITY. Services performed by ASSOCIATION pursuant to this Agreement shall be by ASSOCIATION as an independent contractor and not as officers, employees, or agents of the CITY. Subject to the CITY's approval, ASSOCIATION may prepare and submit applications at its own expense for funding through the CITY for any grants or subsidies that it may be entitled to by law for the purpose of maintenance of the canals as stated in this Agreement. The ASSOCIATION will submit the name of the contractor which they have retained to perform maintenance activities as prescribed by this Agreement for approval by the CITY. Should the ASSOCIATION retain the services of a different contractor during the term of this Agreement, the ASSOCIATION will notify the CITY of this change and request approval for the new contractor. The CITY may terminate this agreement if CITY does not approve contractor chosen by ASSOCIATION. The CITY shall relinquish its maintenance responsibilities as required by Florida Department of Environmental Protection Aquatic Plant Control Permit #SF-01-78 for the portion of public waterways within The Woodlands subdivision as depicted in Exhibit "A". The ASSOCIATION shall obtain and maintain, at its own expense, a Florida Department of Environmental Protection Aquatic Plant Control Permit, as 2 Exhibit 7 -- TR10949 Revision #1 5/25/2006 required by Florida Administrative Code Rule 62C-20.002(1), for all public waterways within The Woodlands subdivision as depicted in Exhibit "A" for the term of this Agreement. 6. ORDINANCES AND REGULATIONS: The ASSOCIATION shall comply with all applicable State, County, and CITY ordinances and regulations pertaining to public waterways maintenance, including but not limited to aquatic plant control and debris removal, as set forth by the Florida Department of Environmental Protection, Broward County Department of Natural Resource Protection, and the CITY, as they exist at the date of this Agreement. Any additional work required by a change in any ordinance or regulation shall be cause for renegotiation of the reimbursement due, except that, in such case, the City may choose to terminate this Agreement. 7. STRUCTURES: The CITY operates and/or maintains structures including but not limited to floodgates, seawalls, and pipes within the above -mentioned public waterways. To this end, the ASSOCIATION shall repair or replace to the satisfaction of the CITY, at no cost to the CITY, any structures that are damaged or destroyed by the ASSOCIATION or its officers, employees, agents, subcontractors, or independent contractors. ASSOCIATION shall not construct any structures that impede the natural flow of water and/or affect the CITY'S ability to operate or maintain structures. At no time shall ASSOCIATION attempt to operate any floodgates or alter elevation located within The Woodlands subdivision public waterways. Operation and elevations of all structures within the public waterways are established and governed by South Florida Water Management District. 8. FAILURE TO MAINTAIN: The ASSOCIATION agrees that if at any time it fails to provide public waterway maintenance as provided for in this Agreement, then CITY may give written notice to the ASSOCIATION requesting such public waterway maintenance service. If the ASSOCIATION fails to comply with the demand of the CITY to provide such public waterway maintenance services, or cure any deficiencies in the provision of such services, which the CITY has notified the ASSOCIATION that it has failed to provide, within seven (7) days of the ASSOCIATION'S receipt of said written notice, the CITY may, at ASSOCIATION'S expense, perform such services to the affected areas that are economical and deemed to be in the best interest of the CITY. The CITY shall be sole judge of performance standards which shall be consistent with other public waterways in the CITY, except that such standards shall not exceed those in existence as of the date of this Agreement. 3 Exhibit 7 --- TR10949 Revision #1 5/25/2006 The ASSOCIATION shall reimburse the CITY for work performed by the CITY due to the ASSOCIATION'S failure to provide public waterway maintenance services. This provision shall be in force during the term of this Agreement and shall not survive termination of the Agreement, subject to the provisions of Section 2 of this Agreement regarding transfer of maintenance responsibility. Any expense incurred by the CITY arising out of failure of the ASSOCIATION to perform under this Agreement shall be paid by the ASSOCIATION within thirty (30) days of invoice by the CITY. The CITY reserves the right to make all maintenance decisions deemed to be in the CITY'S best interest. In the event ASSOCIATION fails to maintain the public waterways as set forth in this Agreement, the CITY will not assume future maintenance responsibility until conditions of the waterways have been brought to a level satisfactory to the CITY. 9. INDEMNIFICATION: The ASSOCIATION shall indemnify and hold harmless the CITY, its elected and appointed officials,. employees, and agents from any and all claims, suits, actions, damages, liability, and expenses (including attorney fees) in connection with loss of life, bodily or personal injury, property damage, waterway damage, or environmental damage including loss of use thereof, directly or indirectly caused by, resulting from, arising out of or occurring in connection with the operations of the ASSOCIATION or its officers, employees, agents, subcontractors, or independent contractors. The ASSOCIATION shall not indemnify the CITY for acts or conduct caused by the CITY, its elected officials, employees and agents. The provisions of this section shall survive the termination of this Agreement and shall pertain to any occurrence during the term of this Agreement, even though the claim may be made after the termination hereof. Nothing contained herein is intended nor shall be construed to waive the CITY'S rights and immunities under the common law or Florida Statute Section 768.28, as amended from time to time. 10. INSURANCE: ASSOCIATION and ASSOCIATION'S contractors shall obtain and maintain at ASSOCIATION'S and ASSOCIATION'S contractor's expense all necessary insurances in such forms and amounts as required by CITY'S Risk Manager before work begins under this Agreement including but not limited to Workers Compensation Insurance, Unemployment Insurance, Liability Insurance, and all other insurances required by law. ASSOCIATION and contractors hired by ASSOCIATION shall 51 Exhibit 7 — TR1094.9 Revision #1 5/25/2006 maintain such insurances in full force and effect during the life of this Agreement and shall name CITY as an additional insured on all required policies. ASSOCIATION shall provide the CITY'S Risk Manager certificates of all insurances required under this section prior to any work commencing under this Agreement. ASSOCIATION shall indemnify and hold harmless the CITY for any damages resulting from failure of ASSOCIATION and ASSOCIATION'S contractors to take out and maintain such insurances. ASSOCIATION shall be responsible for payment of all deductibles and self-insurance retention on Liability Insurance policies. ASSOCIATION'S contractors shall have and maintain necessary insurances. 11. BONDING: ASSOCIATION and ASSOCIATION'S contractor shall furnish a Public Improvement Bond in the amount of 25% of the CITY'S annual reimbursement to the ASSOCIATION as security for the faithful performance of all of the ASSOCIATION'S obligations under this Agreement, per City Code Section 10-156. If the surety on any bond furnished by the ASSOCIATION and ASSOCIATION'S contractor is declared bankrupt or becomes insolvent, or its right to do business is terminated in Florida, the ASSOCIATION and ASSOCIATION'S contractor shall, within seven (7) days thereafter, substitute another bond meeting the requirements outlined above, which must also be acceptable to the CITY. As an alternative to the bonding requirement of this section, ASSOCIATION may tender to the CITY the monetary equivalent of three (3) month's payment for services to be performed under this Agreement, said sum to equal Ten Thousand Seven Hundred and Eighty Five ($10,785.00), as based upon the maximum amount set forth in Paragraph 12, REIMBURSEMENT, be held by the CITY in an interest -bearing account, with interest to be paid to CITY. The amount to be deposited in lieu of the bonding requirement shall be increased if any adjustment is made based upon the average consumer price index as set forth in Paragraph 12 of this Agreement. 12. REIMBURSEMENT: The CITY shall reimburse the ASSOCIATION a sum not to exceed Three Thousand Five Hundred and Ninety Five Dollars ($3,595.00) per month for the first twelve months, subject to receiving an invoice certified by the ASSOCIATION that work has been accomplished pursuant to the terms and conditions of this Agreement and that said work is satisfactory to the CITY, which shall be inspected and verified by the CITY on a quarterly basis. As part of this quarterly review, Association's contractor will be required to produce a quarterly report detailing chemical application dates, rates and amount used for that quarter. The CITY will subsequently increase the reimbursement 61 Exhibit 7 — TR10949 Revision #1 5/25/2006 amount based on the same percentage increase in the national average consumer price index for all urban consumers as reported by the Bureau of Labor Statistics of the United States Department of Labor for the twelve month period ending the previous December 30, or 4%, whichever is lower. The City reserves the right to withhold said reimbursement in the event ASSOCIATION fails to meet any requirements set forth under the terms and conditions of this Agreement. The CITY shall be the sole judge of performance and/or non-performance. The ASSOCIATION shall reimburse the CITY for any expenses (including attorney fees) incurred by the CITY in connection with loss of life, bodily injury, property damage, waterway damage, or environmental damage including loss of use thereof, directly or indirectly caused by, resulting from, arising out of or occurring in connection with the operations of the ASSOCIATION or its officers, employees, agents, subcontractors, or independent contractors. This Agreement shall remain in full force and effect only as long as the expenditures provided for in the Agreement have been appropriated by the City Commission of the City of Tamarac in the annual budget for each fiscal year of this Agreement, and is subject to termination based on lack of funding. 13. ASSIGNMENT: The ASSOCIATION shall not transfer or assign the performance required by this Agreement without the prior written consent of the CITY. 14. TERMINATION: This Agreement may be terminated by CITY or ASSOCIATION for cause or by the CITY if the CITY deems termination to be in the best interests of the health, safety and welfare of its citizens, upon thirty (30) days written notice by the terminating party to the other party of such termination. In the event that the ASSOCIATION abandons this Agreement or causes it to be terminated, ASSOCIATION shall indemnify the CITY against loss pertaining to this termination. 15. NOTICE: Whenever either party desires or is required under this Agreement to give notice to any other party, it must be given by written notice, sent by registered United States mail, with return receipt requested, addressed to the party for whom it is intended at that party's last specified address, and such address shall remain the same until 9 Exhibit 7 — TR10949 Revision #1 5/25/2006 16 1VA m written notice of any change in address is received by either party from the other, at which point, such new address shall become the last specified address. For the present, the parties designate the following as the current addresses for giving notice: CITY: City Manager 7525 NW 88th Avenue Tamarac, FL 33321 With a Copy to: Public Works Director 6011 Nob Hill Road Tamarac, FL 33321 ASSOCIATION: and City Attorney 7525 NW 88th Avenue Tamarac, FL 33321 Seymour Margolis, President The Woodlands Homeowners Association 7100 W. Commercial Blvd., Suite 107 Tamarac, FL 33321 V1:11a 1114 The Agreement shall be governed by the laws of the State of Florida as now and hereinafter in force. The venue for actions arising out of this Agreement is fixed in Broward County, Florida. SIGNATORY AUTHORITY: The ASSOCIATION shall provide the CITY with copies of requisite documentation evidencing that the signatory for ASSOCIATION has the authority to enter into this Agreement. SEVERABILITY: Any provision in this Agreement that is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof or affecting the validity or enforceability of such provisions in any other jurisdiction. VA Exhibit 7 — TR10949 Revision #1 5/25/2006 19. MERGER; AMENDMENT- ReNEWAL: This Agreement constitutes the entire Agreement between the ASSOCIATION and the CITY, and supersedes all prior negotiations, oral understandings and agreements between the parties, which are merged herein. This Agreement can be supplemented, amended, or renewed only by written document executed by both the ASSOCIATION and the CITY. CITY shall continue to hold all rights in the property and nothing in this Agreement shall limit such rights. (Remainder of Page Intentionally Left Blank) 3 101117E m"i14RUS11 Revision #1 5/25/2006 IN WITNESS WHEREOF, the parties have made and executed this Agreement on the respective dates under each signature. CITY OF TAMARAC, through its Mayor and THE WOODLANDS HOMEOWNERS ASSOCIATION, INC., through its President, Lawrence Torn, duly authorized to execute same. ATTEST: Marion Swensdn, CIVIC City Clerk ATTEST: Corporate Secretary (Corporate Seal) Type/Print Name 9 CITY OF TAMARAC .� • Jeffrey . Miller., City Manager Approved as to form and legal sufficiency: 4&au,.er8.1/Goren, City Attorney ,,.i-w—r- THE WOODLANDS HOMEOWNERS ASSOCIATION, INC.: President Date: