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: