Loading...
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 • VKrrE — -- — - • a 56 ST ^ u < • . 9H • • D SEC, - . W is • - • itA t LAUM Ste. t; cm ca • • cmo- • • • • . • - • • . • • • • • • �[ • • • j i Six - 4 LN •'� 9S• `'ter •••• .'.' 9PAP RAM STAnM VAX WfWrLE rm 44 rr WATERWAY L' uEND CIty of Tamarac P"Vat2 ❑wnecl ! Hutilc Waterways Praocsea tq be r Ncln twnea by Vooatonas -r_*ecwners A ssoc:a-:an, 1.,:=. 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 2 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. 3 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 d 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. 5 14 TERMINATION: 15 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. �5 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) 7 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: -c� Corporate S cretary (Corporate Seal) /Z//"*** / 1� Type/Print Name 0 CITY OF TAMARAC 1 V Y Joe Schreiber, Mayor Date: 6'1�,Lo > I Jeffrey L. Miller., City Manager as to form and legal Mitchell & L THE WOODLANDAAWEOWNERS ASSOCIATIO C.: b Tom, President Date: S Z f p