HomeMy WebLinkAboutCity of Tamarac Resolution R-2004-125L
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 FORSEVERABILITY; 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
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
J
E
Cl
it
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 26th day of May, 2004.
ATTEST:
MARION SWENSON, CMC
CITY CLERK
I HEREBY CERTIFY that
I have approved this
RESOLUTION as to form.
r
i
MITCHELL . KF
CITY ATTORN
j J E SCHREIBER
ayor
RECORD OF COMMISSION VOTE:
MAYOR SCHREIBER
DIST 1: COMM. PORTNER
DIST 2: COMM. FLANSBAUM-TALABI
DIST 3: V/M SULTANOF
DIST 4: COMM. ROBERTS o
Temp Reso 10456
Exhibit 1
Temp. Reso. #8320
Page 1
June 22, 1998
Revision 1: July 1, 1998
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-98 4- 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
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 2: 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.
PASSED, ADOPTED AND APPROVED this
ATTEST:
0
CAROL GOL , CMC/AAE
CITY CLERK
I HEREBY CERTIFY that I
approved this
RESOLUTION as to form.
C
MITCHELL S. KRAFT
CITY ATTORNEY
Temp. Reso. #8320
Page 3
June 22, 1998
Revision 1: July 1, 1998
day of )141�
1998.
MAYOR
RECORD OF COMMISSION VOTE
MAYOR
SCHREIBER Q.A4 .
DIST 1: _
COMM. McKAYE O-A-1 e
DIST 2:
VIM MI_SHKIN Q4�
DIST 3:
COMM. SULTANOF
911ST 4:
COMM. ROBERTS
ORIGINAL
TEMP RESO #8320 CITY OF TA�iNtARAC ENCLOSURE
1PVT1:'R OFFICE CORRF.SPONDLWC E
TO: __9a5,er a1; d�rit Gi FROM:
—C-it y-&rrg+r:•ee-r-
City Manager.
DATE:Rth—April 127 SUBJECT:
Reference: Drainage Map
PC - MPNPG-CA�C
There are several of the lakes, ditches, canals and ot0
waterways in the Woodlands which will require mechanical
dredging, excavation and grading, in addition to chemicals
to kill aquatic weeds. Many of the drainage pipes d6 not
drain into or out of the bodies of water as indicated.
Obviously, the correction of these deficiencies will be
very costly.
Tony Nolan's exhaustive search of plats and deeds has failed
to demonstrate clear title to and/or' responsibility for the
waterways; even flow -through easements for positive drainage
are incomplete.
There are many areas into which the only access is between
residences and across landscaped lawns and gardens.
Therefore, it is recommended that the City Council refuse
to accept responsibility for the maintenance of storm drainage
and waterways until:
1. The City receives clear title to and accurate as -built
drawings of all storm sewerage, lakes, waterways, canals,
ditches and the like.
2. Adequate public easements for maintenance, repair,
reconstruction and improvements of said storm sewerage and
aquatic areas have been received and recorded.
3. All existing deficiencies (including excavation) have been
satisfactorily corrected.
John S. Freel, P.E.
ORIGINAL
TEMP RESO #8320
ENCLOSURE
Lily cj� Uammac
INTER - OFFICE MEMORANDUM
MEMO TO: Edward A. Gross
City Manager
FROM: John S. Freel, City Engineer
DATE: November 21, 1975
SUBJECT: WOODLANDS - AQUATIC WEEDS
REFERENCE: November 21, 1975 Meeting with Councilman Tucker
Commencing Monday morning, November 24, 1975, we are reinstituting
the aquatic weed control program in the Woodlands as requested by Council-
man Tucker.
Last year our costs for aquatic weed control averaged $136 per acre
of waterways treated. Due to increased costs, we have budgeted $192 per
acre for this year's program. Following the budget determinations b
Council, we ceased treatment in the Woodlands and the weeds have multiplied..
Consequently, our costs to regain control will be at least 50% greater than
average, say $290 per acre in the Woodlands.
Due to grass clippings and fertilizer being washed into the canals
from the golf course, which promotes the
growth of ae and
weeds, we feel the golf course should cooperate with lthe City sbyreline supple-
menting our budget in the amount of $90 per acre of water. Assuming60
acres of waterways contiguous to the golf course, their fair share becomes
$5,400 for the fiscal year. In addition, we need access to the water over
golf course lands for the purpose of reaching the waterways.
The Woodlands Homeowners' Association should notify all concerned 'that
we require access across each waterfront homesite.
This program will require the purchase of chemicals before the end of
the year if we are to continue serving the rest of the City..
/cp John S. Frael, P. E.
cc: Ron Elg
ORIGINAL IENCLOSURE 3
TEMP RESO #8320 CITY OF TAMARAC
INTEROFFICE MEMORANDUM (09-254-97BL)
PUBLIC WORKS DEPARTMENT
TO: City Manager DATE: September 4, 1997
FROM: Director of Public Works RE: Maintenance of
Woodlands Canal System
Recommendation/Action•
The Director of Public Works recommends that maintenance responsibility of Woodlands
canal system be clarified, and City of Tamarac be indemnified from any harm should the
Woodlands Homeowners' Association choose to maintain the system.
To define the maintenance responsibilities of Woodlands canal system now taken over
by Woodlands Home Owners' Association effective August 7, 1997.
Background:
On June 22, 1995 1 received a letter from Herbert C. Haber, Secretary of Woodlands
Country Club. In his letter, he complained about the City's negligence in maintaining the
canal system in the Woodlands Subdivision. On October 23, 1995, myself, Stormwater
Engineer and Stormwater Supervisor met with the representatives from the Woodlands
Home Owners' Association and Woodlands Country Club including Herbert C. Haber.
In that meeting I reminded the group that it was the Woodlands Country Club which
instructed the City crew on October 25, 1994 not to treat the canals as the Country Club
had contracted with Ameriaquatic.
Since that meeting on October 23, 1995, the City received numerous requests from the
residents including Joint Community Affairs Committee (of the Woodlands Home Owners'
Association and the Woodlands Country Club) that the City take over the maintenance
of the waterways as the canals looked terrible. Max Less from the Joint Community
Affairs Committee became the liaison and coordinated the maintenance take over by the
City. During the entire negotiation, the City reiterated the position that the level of service
shall be provided similar to the other public canal systems. This position was accepted
by the Joint Community Affairs Committee. Based upon this understanding, the City
crew performed its first spraying of the canals during the week of April 1, 1996. The City
Manager then wrote a letter to Max Less, dated April 23, 1996 that effective April 8, 1996,
the City took over the maintenance of public waterways in the Woodlands Subdivision
(Attachment 1). Since that date, the City had been diligently spraying and maintaining
the Woodlands canal system until August 1997. With the exception of some occasional
complaints, the summer of 1996 did not see any problems regarding the vegetal growth
in the canal system.
ORIGINAL
TEMP RESO #8320
ENCLOSURE 3
During the month of March -April 1997, the City began receiving complaints about the
algae growth in the Woodlands canal system. Upon his inquiry, I wrote a memorandum
to Mayor Joe Schrebier on April 30, 1997, explaining some possible reasons for vegetal
growth in the canal system and the limited remedies that were available (Attachment 2).
One of the possible solutions that I proposed to explore was to perform "mechanical
harvesting" of the weeds.
On May 21, 1997, 1 attended the Woodland Homeowners' Association meeting at the
Woodlands Country Club along with the City Stormwater Supervisor and Dr. David
Sutton, Professor at University of Florida. Through the help of slides, Dr. Sutton
explained the reasons for hygraphilla growth and informed the group that presently there
was no chemical available that would guarantee treatment. He recommended
experimenting with higher concentration of chemical hydrothol which the City agreed to
spray. Dr. Sutton explained that "mechanical harvesting" was a temporary solution and
hygraphilla could come back as early as 3-4 weeks!
I then invited Dr. Sutton to the Commission Workshop on May 27, 1997 and provided the
Commission an update. I also advised the Commission that upon the recommendation
of Dr. Sutton the idea of "mechanical harvesting" was being abandoned. Instead, the City
crew would spray hydrothol in the concentration and frequency as recommended by Dr.
Sutton. On July 24, 1997, the City Commission approved Resolution R97-166,
authorizing the purchase of hydrothol. On July 2, 1997 and upon another inquiry from
Mayor Joe Schreiber, I advised the City Manager that contrary to the allegations of some
Woodlands residents, the City crew was performing more maintenance for the
Woodlands canals than elsewhere (Attachment 3).
On August 6, 1997 the City Stormwater Supervisor advised me that Ameriquatics (now
Aquagenix) had taken over the spraying responsibilities in the Woodlands canal system
(Attachment 4). He further stated that he had a discussion with Dick Lemmel, Country
Club Golf Course Superintendent, who said that the primary reason for the change was
the water restriction by the City which Ameriquatics would not impose. I also heard from
some different sources that Ameriquatics would use chemicals that would kill the
hygraphilla in a relatively short time. The Department of Environmental Protection (DEP)
officials informed the City Stormwater Supervisor that currently there was no approved
chemical for the treatment of hygraphilla that could be used without some type of water
restriction.
On August 25, 1997, the City received several complaints about a fish kill in the canal,
south of Orchid Tree Lane. The City crew responded to the complaints and measured
a very low level of oxygen in the canal. I then wrote a letter to Ted Kenny, Branch
Manager of Aquagenix, informing them that their crew had sprayed the affected canal on
August 22, 1997 and that they must immediately remove the dead fish (Attachment 5).
Aquagenix complied to my request but their response was slow and intermittent. The
City crew had to go out on Saturday, August 30, 1997 to remove the dead fish as they
were becoming a nuisance.
ORIGINAL )
TEMP RESO #8320
ENCLOSURE
If it is the desire of the Woodlands Homeowners' Association and Woodlands County
Club to spray the canal system on their own, they must follow proper legal permitting
process and enter into a formal agreement holding the City harmless. With the exception
of a few canals, the entire system is a public waterway and permitted for spraying by the
City of Tamarac only. Florida Administrative Code (FAC) 62C-20.0045(3) prohibits
issuance of more than one permit for same activity at the same site, at the same time
(Attachment 6). It must be recognized that this canal system flows through the City of
Lauderhill and eventually into C-13 canal owned and maintained by South Florida Water
Management District (SFWMD). Therefore, and unless Aquagenix enters into a formal
agreement and holds the City harmless, the City of Tamarac could be held liable for any
damage downstream (Lauderhill and SFWMD canals) caused by Aquagenix.
It is important, therefore, that the issue of maintenance responsibility and accountability
be resolved. Woodlands Home Owner's Association should not arbitrarily take over or
abandon the maintenance of the public waterway without a formal agreement with the
City. The recent fish kill in one of the canals is self explanatory in terms of liability that
the City of Tamarac may be exposed to because of Aquagenix actions.
Attachments
aj Verma
3
'obert S. Noe, Jr.
City Manager
ORIGINAL
TEMP RESO #8320 1
City of Tamarac
/tb15 N.W. 88th Avenue, Tamarac. Florida 33321-2401
Telephone: (954) 724-1230 a Facsimile (954) 724-2454
April 23, .1996
Mr. Max Less
Joint Community Affairs Committee
Woodlands Home Owners' Association & Country Club
4600 Woodlands Boulevard
Tamarac, Florida 33319
Dear Mr. Less:
ENCLOSURE 3
ATTACHMENT "1"
I am pleased to advise you that effective April 8, 1996, the City took over the
maintenance of public waterways in the Woodlands Subdivision. During the week of
April 1, 1996, the Public Works Department completed the start-up spraying to kill
spatterdocks in certain sections of the public waterways. The City will schedule
spraying consistent with what is needed and similar to other public waterways in
Tamarac.
According to our records and title search conducted by.Pulice Surveying Inc.,
waterway number 10, as identified in the Woodlands Home Owners' Association Map,
has been determined not to be a part of the dedicated public waterway system.
Consequently, maintenance of this waterway remains the responsibility of the owners
on whose property it is located.
Thank you for your patience in this matter. Please do not hesitate to contact me
if you have any questions.
Very truly yours,
n
Robert S. Noe, Jr.
c: Public Works Director
Stormwater Engineer
ORIGINAL f ENCLOSURE 3
TEMP RESO #8320 CITY OF TAMARAC
INTEROFFICE MEMORANDUM (04-212-97BL)
PUBLIC WORKS DEPARTMENT
TO: Mayor Joe Schreiber DATE: April 30, 1997
FROM: Director of Public Works RE: Canals in the Woodlands
Subdivision
Mr. Mayor:
The canal system in the Woodlands Subdivisions is a part of the interconnected waterway which begins
from north of McNab Road. The section of the waterway between McNab Road and Commercial
Boulevard (including Shaker Village) is controlled by Broward County. According to my discussion with
the staff responsible for maintenance of County waterways, Broward County assumes no responsibility
for aesthetics of canals. Broward County emphasizes only on "moving water through the system."
Fertilizers, nutrients, and stormwater runoff from farms, golf courses and front/back yards of residences
cause vegetal growth in the canal system which is very hard to control. Virtually all residences and golf
courses have their irrigation systems connected to the canal water which further limits the use of growth
retardant chemicals that the City of Tamarac sprays to control vegetal bloom. Please be advised that
the City of Tamarac has one of the most comprehensive canal maintenance programs in the County.
Unfortunately, and due to intedurisdictional connections (over which the City has no control), the impact
of City's efforts are diminished. The City staff has raised this issue with Broward County and is awaiting
their proposal.
At this time, the staff is exploring the possibility of performing "mechanical harvesting" i.e. pulling off the
weeds from the canals using a semi -submerged cage. However, we are concerned about the impact
of that operation on several irrigation connections that exist throughout the waterway system. As soon
as an evaluation is completed, I will advise you of our findings.
Please do not hesitate to call me if you have additional questions.
Raj Verma
Copies: City Manager
Assistant to the City Manager
ORIGINAL
TEMP RESO #8320 CITY OF TAMARAC
INTEROFFICE MEMORANDUM (07-231-97BL)
PUBLIC WORKS DEPARTMENT
TO: City Manager DATE: July 2, 1997
ENCLOSURE 3
FROM: Director of Public Works RE: Update on Maintenance of
Woodlands Canal System; Inquiry
from Mayor Joe Schreiber
Enclosed is a set of the daily logs from October 1, 1997 through June 30, 1997. These logs reflect
maintenance activities (chemical treatment) in the canals of Woodlands subdivision. Enclosed also is .
a copy of an e-mail from Eric Bisnow, Stormwater Supervisor, establishing that the City crew has been
performing more maintenance for the Woodlands canals than elsewhere in the City.
Please be advised that the Woodlands canal system was taken over for maintenance by the City in
February 1996. Prior to that date, the canal system was maintained by the Woodlands Country Club.
Prior to the take-over, the City had emphasized both to the Country Club and the Home Owners'
Association that the City will perform maintenance of their canal system at the same level as elsewhere
in the City. The enclosed records prove that the City has, in fact, paid more attention to these canals
than elsewhere in Tamarac.
Raj erma
Enclosures
ORIGINAL
TEMP RESO #8320
From: Eric Bisnow
To: rajv
Date: 8/6/97 2:14pm
Subject: woodlands
ENCLOSURE 3
ATTACHMENT "4"
On August 1, 1997, 1 found out that Ameriquatics was going to be spraying the
Woodlands waterways. I called Dick Lemmel, who is the Golf Course Superintendant
and he confirmed that Ameriquatics would again be treating the waterways. He told me
that on August 7 that a contract would be signed with an effective date starting back on
August 1, 1997.
One of the main reasons that he gave for the change is that the residents had a big
problem with the water restrictions. According to our state permit along with the
chemical label, we are required to post the time of restriction and use labels accordind
to directions. Ameriquatics has stated that they will have no restrictions. Since we have
no way of knowing what they are using, what's on there permit or what restrictions they
have, I can not tell you what they are doing.
Since a private contractor is now doing Woodlands, they should do every piece in
Woodlands and the City should stay completely out. According to the state, there can
only be one licensed group maintaining a waterway at any one time. I will need to send
a letter to the state stating which areas we are no longer going to do.
The private company is being brought in just when we are starting to get results in
getting the area under control. Alot of what you see is floating mats which have broken
off from our treatments. The basket that we ordered would have taken care of this. This
company will now get the credit for what we have started.
I have checked all the waterways by plat with Kirk and I will drop off a copy of the
results in your mailbox.
Also, I would still recommend that we go ahead and do the study with Dr. Sutton and
the University of Florida because while spraying this past Saturday, Hygrophila was
found in the Sabal Palm area.
ORIGINAL
TEMP RESO #8320
City of Tamarac
6011 Nob Hill Road, Tamarac, Florida 33321-2401
Telephone: (954)724-2410 • Facsimile (954) 724-2428
Public Works
August 26, 1997
Mr. Ted Kenny, Branch Manager
AQUAGENIX Land -Water Technologies, Inc.
6500 N.W. 15 Avenue
Fort Lauderdale, Florida 33309
Re: Fish Kill In The Canal South of Orchard Tree Lane
Woodlands, Tamarac
Dear Mr. Kenny:
ENCLOSURE 3
ATTACHMENT "So
On the morning of August 25, 1997, we received several complaints about a fish
kill in the canal just south of Orchard Tree Lane. A City crew went out shortly
after and verified the complaint An oxygen level of 1 was recorded, indicating
that the fish suffocated from lack of oxygen.
According to our records, Aquagenix has taken over the maintenance of
Woodlands Canal System effective August 7, 1997. As confirmed by your office
on August 25, 1997, the above referenced area was sprayed by one of your
crews on Friday, August 22, 1997. Therefore, it is possible that the chemicals
could have been applied when the oxygen levels were already low thereby
exacerbating the problem.
Through this letter, I am requesting you to immediately remove the dead fish
from the canal system and correct all related problems. Please do not hesitate to
contact me at (954) 724-2427 if you have additional questions.
S
rr'l a, P.E.
Works Director
C: Joe Schreiber, Mayor
Robert S. Noe, Jr., City Manager
Mauro Burgio, Stormwater Engineer
ORIGINAL
TEMP RESO #8320
fR 6195)
62C-20.0055
ENCLOSURE 3
ATTACHMENT "15"
DEPARTMENT OF ENVIRONMENTAL PROTECTION V. 20, p. 934
(a) The noxious aquatic plant species present
and the potential of the target plants to create
adverse effects.
(b) The amount and quality of the aquatic
plants within the waterbody and the proposed
management site, and their importance to
biological communities that arc utilizing them.
(c) The positive or adverse impacts of the
aquatic plant management activities on public
interest considerations such as:
1. Health and safety of the public.
2. Navigation.
3. General public's access to, or use of, the
waterbody.
4. Riparian property owners' access to, or use of,
the waterbody.
5. Swimming, fishing or other recreational
activities.
6. Water flow or the potential for flooding.
(d) The positive or adverse impacts of the
aquatic plant management activities on fish and
wildlife considerations such as:
1. Endangered or threatened species, species of
special concern, or their prey species and habitat.
2. The potential of the management activities to
improve habitat for the production of fish and
wildfire, including non -game species.
3. The potential of the plant management
activities to increase or improve native aquatic
plant species diversity.
(e) The positive or adverse impacts of the
proposed aquatic plant management activities on
water quality considerations such as:
1. Native plant coverage which may protect or
improve water quality.
2. Native plant coverage which may prevent or
reduce shoreline erosion and runoff.
3. Nutrient levels, dissolved oxygen levels,
deposition of organic matter, herbicide residua or
other impacts on water quality outside of the
control area designated by the department.
(f) The protection of the receiving waterbodies
consistent with the classes of surface waters
established pursuant to Chapter 62-302. F.A.C.
(g) The potential of the proposed activity to
spread noxious aquatic plants, or to promote the
survival and growth of native aquatic plants.
(3) The department will not issue more than one
emit or the same activity at the same site at the
same time, in the behalf of a riparian owner.
4 e removal, cutting, collecting, or altering
in any way of mangroves, mangrove seeds (fruits)
or propagules, or plants restricted by Rule
46-42.001. F.A.C., arc not regulated by this
Chapter and, therefore, shall not be permitted
pursuant to Chapter 62C-20, F.A.C.
(5) If after review of a complete application the
department determines that the proposed activity
does not conform to the criteria as established in
Rule 62C-20.0045. F.A.C.. the department shall
deny the permit.
SFrriffc Au1horny J70 0.11 J69 :0. 369.::. 369.231 FS.
La. Impirmrn,rd J69 20 J69 ::. 369 :11. 40J.088 FS.
Hlstorv—Ne- .-9.81. Formerly 16C-10.0e3,
16C-10 0041 Amrndrd 3-J-9J
ANNOTATIONS
Raleautkiar authority
Rule 62C-20.0043(21 /formerly 16C-70.0011(7I1 does
not contravene statute or exceed DEP's (DNRJ
rules aking authority. The environmental administration
for the pernsittiar portions of 8urrar of Aquatic
Monatement "did as believe that it was possible to more -
narrowly define the criteria because there are naay
variables in the environment that stun be considered la
setting up an aquatic plant maaasement p/aa."
Anserequatic. Inc" et al. Y. Department of Natural
Resources, 17 FALR 838 (1995).
62C-20.0055 Managetent Metbod Criteria and
Standards. Operation tad Repordag
Requirements.
(1) Management Method Criteria and
Standards
(a) Herbicide control activities:
1. All herbicide control activities shall be in
conformity with label requirements o t e pr tact
to bed,
2. Herbicides that require water use restriction
when used according to label requirements, and do
not indicate a potable water intake setback distance
on the label. must not be used to manage fixating
plants within 0.5 miles of a functioning potable
water intake in a lake or within two miles upstream
or 0.5 miles downstream of a functioning potable
water intake in a river system.
3. When used to manage aquatic vegention
other than floating plants, herbicides that r gtttre
water use restrictions when used according to label
requirements, and do not indicate a potable water
intake setback distance on the label, must not be
used within two miles of a functioning potable
water intake in a lake or within two miles upstream
or 0.5 miles downstream of a functioning potable
water intake in a river system.
4. When management activities, using a
herbicide without a potable water setback distance,
are to take place within two miles of a functioning
potable water intake in a lake, or within two miles
upstream or 0.5 miles downstream of a functioning
potable water intake in a river system, written
notice by certified mail must be given to the
operator of the water treatment plant and to the
bureau at least one week prior to the treatment
activity, unless an alternative notification system
has previously been approved by the department.
S. When more than one herbicide is registered
for use in an aquatic site, the department shall
require the use of the herbicide which it determines
has the least adverse effect upon human health.
safety, recreational uses, non -target plants, fish.
and wildlife. In determining which herbicide shall
be used, the following criteria shall be considered:
a. Which herbicide will provide the greatest
protection to human health, safety, and
recreational uses.
b. Which herbicide will provide the greatest
protection to non -target plant and animal life.
c. Which herbicide will be most effective at
controlling the targeted spceiu
6. No herbicide shall be permitted for use in
violation of label requirements as registered by the
Ic
91
ORIGINAL
EXHIBIT "A"
TEMP RESO #8320
CANAL ZONE 9
LAND SECTION 14-49-41
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WATERWAY L' uEND
CIty of Tamarac
P"Vat2 ❑wnecl !
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ORIGINAL EXHIBIT "B"
AGREEMENT TEMP RESO #8320
BETWEEN THE WOODLANDS
HOMEOWNERS ASSOCIATION, INC.
AND THE CITY OF TAMARAC
FOR MAINTENANCE OF PUBLIC WATERWAYS
THIS AGREEMENT is made and entered into this day of , 1998, by
and between the City of Tamarac, a municipal corporation with principal offices located at
7525 NW 88th Avenue, Tamarac, FL 33321 (hereinafter "CITY") and The Woodlands
Homeowner's Association, Inc., a Florida Corporation with principal offices located at 8051
West McNab Road, 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, has 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
maintenance of public waterways within The Woodlands subdivision.
NOW, THEREFORE, in consideration of the terms and conditions, provisions, covenants and
promises hereinafter set forth, the ASSOCIATION agrees that:
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 the first day
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.
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.
ORIGINAL EXHIBIT "B" / TEMP RESO #8320
3. BOUNDARIES:
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 40' Street to the South, Rock Island Road to the East,
and NW 641h Avenue to the West, as depicted in Exhibit 'A," attached hereto and
incorporated herein.
4. 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, and replenishment of Grass Carp. 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.
5. PERMITS:
The CITY shall relinquish its maintenance responsibilities as required by Florida
Department of Environmental Protection Aquatic Plant Control Permit #SF-97-34 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
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.
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, at no cost to the CITY, any structures that are
F
ORIGINAL EXHIBIT "B" / TEMP RESO #8320
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.
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 of default by
ASSOCIATION in maintaining the public waterways, ASSOCIATION shall reimburse
CITY for all expenses incurred as a result of said default. ASSOCIATION agrees that
in the event ASSOCIATION fails to maintain the public waterways as set forth in this
Agreement, ASSOCIATION agrees that 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
3
ORIGINAL EXHIBIT "B" I TEMP RESO #832L
ASSOCIATION shall not indemnify the CITY for acts or conduct caused by the CITY,
its elected officials, employees and agents.
The above provisions 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 Statutes 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 contractors 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 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:
11.1 ASSOCIATION and ASSOCIATION'S contractor shall furnish a Public
Improvement Bond in the amount of 100% 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.
11.2 As an alternative to the bonding requirement of section 11.1 of this Agreement,
ASSOCIATION may tender to the CITY the monetary equivalent of one (1) year's
payment for services to be performed under this Agreement, said sum to equal
Twenty-two Thousand Nine Hundred Twenty Dollars ($22,920.00), as based upon the
maximum amount set forth in Paragraph 12, REIMBURSEMENT, of One Thousand
Nine Hundred Ten Dollars ($1910.00) per month for twelve (12) months, to be held by
the City in an interest -bearing account, with interest to be paid to ASSOCIATION. The
4
ORIGINAL EXHIBIT "B" / TEMP RESO 48320
12.
13
14.
15.
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.
REIMBURSEMENT:
The CITY shall reimburse the ASSOCIATION a sum not to exceed One Thousand
Nine Hundred Ten Dollars ($1910) per month 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. The CITY,
at its own discretion, may increase the reimbursement amount based on 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. 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.
ASSIGNMENT:
The ASSOCIATION shall not transfer or assign the performance required by this
Agreement without the prior written consent of the CITY.
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.
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
5
16.
17.
m
19
ORIGINAL EXHIBIT "B" / TEMP RESO #8320
that party's last specified address, and such address shall remain the same until
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 and City Attorney
6011 Nob Hill Road 7525 NW 88t' Avenue
Tamarac, FL 33321 Tamarac, FL 33321
ASSOCIATION:
Mr. Sid Dorfman
The Woodlands Homeowners Association
8051 West McNab Road
Tamarac, FL 33321
VENUE:
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.
MERGER: AMENDMENT; RENEWAL:
This Agreement constitutes the entire Agreement between the ASSOCIATION and the
CITY, and supercedes all prior negotiations, oral understandings and agreements
between the parties, which are merged herein.
n.
ORIGINAL
EXHIBIT "B"
TEMP RESO #8320
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.
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,
, duly authorized to execute same.
ATTEST:
Carol Gold, C/AAE
City Clerk
ATTEST:
4rp�orate Secretary
(Corporate Sea!)
. � �)�o � �'E p t-f
Type/Print Name
CITY OF TAMARAC
/,.
-Schreiber,
�_
Date: y'3
obert S. Noe, Jr., City Mana r
Approved as to form and legal
sufficiency:
Mitchell S. Kraft, City Attorney
THE WOODLANDS HOMEOWNERS
ASSOCIATION, INC.:
President
Date: �, l `% •�
Type/Print Name
7
Temp Reso 10456
Exhibit 2
of
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.
CITY/OF TAMARAC
4
Jeffr L. Wher, City Manager
Date
ATTEST:
Marion Swenson, CIVIC Approved as to form and legal efficiency:
City Clerk 4_ J'_ n
L/
Date Mitchell S. Kraft, City
- (b'7
Date
T
Division
ATTEST:
(Corporate ecr ry)
Woodlands
Association, Inc.
nature of Lawrence Torn
2 v Z AM Rce
ype/Print Name of Corporate Secy. Type/Print Name of Lawrence Torn
,/ZI-F;4�93
(CORPORATE SEAL) Date
CORPORATE ACKNOWLEDGEMENT
STATE OF FLORIDA
:SS
COUNTY OF LU Q :
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 (2 -3 day of , 2003.
Sign t re f Notary Public
0
Nancy Gallant State of Florida at Large
f�� 0 My Commission DD088857
'�io, M1o�A Expires February 03. 2006
1 hereby certify that this doC �nt is_s t���
and correct copy
off -(�
Qe.1 11� (a.r1a(t)cwn� 191 &k�S- iG/`f
the original of which is on file In City Hall,
WITNESS MY HAND AND OFFICIAL SEAL
OF THE CITY OF TAMARAC, FLORIDA.
C
This / day of hdk, 20 o3 .
77- C'—
/iss City Clerk
Print, Type or Stamp
me of Notary Public
Personally known to me or
❑ Produced Identification
Type of I.D. Produced
❑ DID take an oath, or
DID NOT take an oath.
I CILLF ACJV 1V4JV
Exhibit 3
c r'e.!";,.}'c.:r. i:•'1i�' .._'1;7'2
AGREEMENT ADDENDUM #2
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 8e 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:
Marion Swens n, CIVIC
City Clerk
//
_21 . O' V
Date
CITY OF TAMARAC
Jeffrey E. Miller, City Manager '�nilblO
-off
Date
Mitchell
Date
as to,form and legal sufficiency:
ATTEST:
Woodland ow ers Association, Inc.
(Corporate r a ignature of L rence Torn
LZ 17 V k/Q A /M
ype/ rint Narfie of Corporate Secy.
(CORPORATE SEAL)
/'444� rcl�k
Type/Print Name of Lawrence Torn
d
Date
CORPORATE ACKNOWLEDGEMENT
STATE OF FLORIDA
n,, .SS
COUNTY OF A :
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 2004.
Si tur of Notary Public
ate f Florida at Large
Nancy Gallant
r tiny Commission DD088857
PE , Mint, Type or Stamp
Name of Notary Public
FV Personally known to me
1, `` or
❑ Produced Identification
Type of I.D. Produced
❑ DID take an oath, or
❑ DID NOT take an oath.
Temp Reso 10456
Exhibit 4
t':i!v o) a,7o7t'ac 1fo ' iiil;: C'o.i1.k::.Ls L1J`viSki
AGREEMENT ADDENDUM #3
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 8e 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 additional three (3) month extension under the 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.
A final two (2) month extension under the same terms and conditions of the original
Agreement dated July 8, 1998 has been requested by the 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 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.
CITY, aFJAMARAC
JeffrVY Mill r, City Manager
Date
ATTEST:
Marion Swenson, CIVIC
City Clerk
Date
uate
k"!ty' ^f TF;!;"t;r u �ifi2;l�t3S;/tC� c9'I!.± i�C.:ril%ciC S Li(ir/;il[i/7
ATTEST:
Woodlands Ho owner Association, Inc.
( orporate S cr#tary) Skjrrature o Lawre ce Torn
I J �? j 4 )v
Type/Print Name bf Corporate Secy. Type/Print Name of Lawrence Torn
Al,
(CORPORATE SEAL) Date
CORPORATE ACKNOWLEDGEMENT
STATE OF FLORIDA
S
COUNTY OF .._ _ _. _ •.
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 ray hand and official seal this day of _hL41AD04.
SignWe of tart' Public
ro.►�= •w�^ Nancy St of i= ida at Large
?yo My Commission DD0888
or no'Expires February 03, 2006
Print, Type or Stamp
Name of Notary Public
Personally known to me
or
❑ Produced Identification
Type of I.D. Produced
❑ DID take an oath, or
❑ DID NOT take an oath.
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 r,26 day of , 2004, by
and between the City of Tamarac, a municipal corporation with principal offices located at
7525 NW 88"' 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:
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 the first day
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.
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.
3. BOUNDARIES:
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 44t' 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.
4. 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.
5. PERMITS:
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
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 publiwaterways 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
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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.
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 ASSC
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.
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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
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 providethe 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
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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 Six Thousand Four Hundred
Fifty Dollars ($6,450.00), 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 Two Thousand
One Hundred and Fifty Dollars ($2,150) 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. The CITY will subsequently increase the reimbursement 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.
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TERMINATION:
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16.
17
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.
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
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 88t' Avenue
Tamarac, FL 33321
With a Copy to:
Public Works Director
6011 Nob Hill Road
Tamarac, FL 33321
ASSOCIATION:
and City Attorney
7525 NW 88t' Avenue
Tamarac, FL 33321
Lawrence Torn, President
The Woodlands Homeowners Association
7100 W Commercial Blvd., Suite 107
Tamarac, FL 33321
VENUE:
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.
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18. 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.
19. MERGER: AMENDMENT: RENEWAL:
This Agreement constitutes the entire Agreement between the ASSOCIATION and the
CITY, and supercedes 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)
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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 Tom, duly authorized to execute same.
ATTEST:
Marion Swenson, CIVIC
City Clerk
ATTEST:
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Corporate S cretary
(Corporate Seal)
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Type/Print Name
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CITY OF TAMARAC
1 V
Y Joe Schreiber, Mayor
Date: 6'1�,Lo
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Jeffrey L. Miller., City Manager
as to form and legal
Mitchell &
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THE WOODLANDAAWEOWNERS
ASSOCIATIO C.: b
Tom, President
Date: S Z f p