HomeMy WebLinkAboutCity of Tamarac Resolution R-98-049E
Temp. Reso. #8066
Page 1
January 26, 1998
Revision 1: February 3, 1998
Revision 2: February 12, 1998
CITY OF TAMARAC, FLORIDA
RESOLUTION NO, R-98��
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA, AUTHORIZING OFFICIALS TO
EXECUTE AN AGREEMENT BETWEEN THE CITY OF
TAMARAC AND MAINLANDS SECTION 6 CIVIC
ASSOCIATION, INC., A FLORIDA CORPORATION, FOR THE
INSTALLATION AND MAINTENANCE OF LANDSCAPING
AND STRUCTURES AT THE NW 50T" AVENUE
ENTRANCEWAY TO MAINLANDS SECTION 6 SOUTH OF
COMMERCIAL BOULEVARD; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Tamarac currently maintains the public rights -of -way at the
Mainlands Section 6 entranceway along NW 50t" Avenue south of Commercial Boulevard;
and
WHEREAS, the Mainlands Section 6 Civic Association, Inc. has expressed the
desire to assume the responsibility of maintaining the public rights -of -way for a distance
of 113 feet from the South Line of the sidewalk at the Mainlands Section 6 entranceway
along NW 50t" Avenue south of Commercial Boulevard, diagramed and attached hereto
as Exhibit "A"; and
WHEREAS, the Mainlands Section 6 Civic Association, Inc. desires to enter into
an agreement with the City of Tamarac for installation and maintenance of structures at the
aforementioned entranceway, attached hereto as Exhibit "B"; and
Temp. Reso. #8066
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January 26, 1998
Revision 1: February 3, 1998
Revision 2: February 12, 1998
WHEREAS, the Director of Public Works recommends that the attached Agreement
between the City of Tamarac and Mainlands Section 6 Civic Association, Inc. be approved;
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 enter into an
Agreement with Mainlands Section 6 Civic Association, Inc. for maintenance of
landscaping and structures at the entranceway located at NW 50" Avenue south of
Commercial Boulevard.
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 Mainlands Section 6 Civic Association,
Inc., a Florida corporation, relating to the installation and maintenance of landscaping and
structures at the NW 501h Avenue entranceway to Mainlands Section 6 south of
Commercial Boulevard, 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
Temp. Reso. #8066
Page 3
January 26, 1998
Revision 1: February 3, 1998
Revision 2: February 12, 1998
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 a 5 day of Or\"998.
ATTEST:
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ASSISTANT CITY CLERK
I HEREBY CERTIFY that I
approved this
ESOLUTION as to
( , v
MITCHELL S. KRAFT
CITY ATTORNEY
T
JOE SCHREIBER
LTA AY&I
RECORD OF COMMISSION VOTE
MAYOR SCHREIBER kq f,
DIST 1: COMM. McKAYE f-1
DIST 2: V/M MISHKIN
DIST 3: COMM. SULTANOF
DIST 4: COMM. ROBERTS U ,
Temp Reso #8066
Exhibit "A"
Temp Reso #8066
Exhibit "B"
AGREEMENT
BETWEEN MAINLANDS SECTION 6
CIVIC ASSOCIATION, INC.
AND THE CITY OF TAMARAC
FOR MAINTENANCE OF ENTRANCEWAY
THIS AGREEMENT is made and entered into this 25 day of February ,
1998, by and between the City of Tamarac, a municipal corporation with principal offices
located at 7525 NW 881h Avenue, Tamarac, FL 33321 (hereinafter "CITY") and Mainlands
Section 6 Civic Association, Inc., a Florida Corporation with principal offices located at 4920
NW 52"d Court, Tamarac, FL 33319 (hereinafter "ASSOCIATION"), to provide for installation
and maintenance of the landscaping and structures at the NW 50th Avenue entranceway to
Mainlands, south of Commercial Boulevard.
WHEREAS, the CITY currently maintains the public rights of way at the Mainlands
entranceway along NW 50th Avenue south of Commercial Boulevard; and
WHEREAS, the ASSOCIATION has expressed the desire to assume the responsibility of
maintaining the public right-of-way for a distance of 113 feet from the South Line of the
sidewalk at the Mainlands entranceway along NW 50th Avenue south of Commercial Boulevard
and as shown on the attached Exhibit "A"; and
WHEREAS, the ASSOCIATION and the CITY desire to enter into an agreement for installation
and maintenance of landscaping and structures at the aforementioned entranceway.
NOW, THEREFORE, in consideration of the terms and conditions, provisions, covenants and
promises hereinafter set forth, the CITY and the ASSOCIATION agree that:
RECITALS:
The parties agree that the foregoing recitals are true and correct and incorporated
herein by this reference.
2. MAINTENANCE:
The ASSOCIATION shall maintain irrigation, lighting, electrical systems and all
components associated with landscaping and structures at the entranceway. This
is maintenance shall include but is not limited to the following: maintenance of the
irrigation system, lighting and electrical systems, structural components, painting,
Temp Reso #8066
Exhibit "B"
landscape trimming, chemical treatment, fertilization, litter removal, and removal and
replacement of all dead or damaged landscape material.
The ASSOCIATION will maintain and pay the cost of required utilities, including but not
limited to, lighting, irrigation, and equipment.
This Agreement shall not include maintenance or repair by the ASSOCIATION of the
asphalt roadway and any related drainage systems from Commercial Boulevard south
to Northwest 50th Avenue unless such asphalt roadway or drainage systems are
damaged or destroyed by ASSOCIATION.
3. CITY REGULATIONS: APPROVAL:
The ASSOCIATION shall comply with all CITY ordinances and regulations as they
pertain to rights -of -way, landscaping, and structures, and shall submit a landscaping
plan to the CITY for approval prior to initiating any changes.
4. FAILURE TO MAINTAIN; REIMBURSEMENT:
The ASSOCIATION agrees that if at any time it fails to provide landscaping or
maintenance services as provided for in this Agreement, then the CITY may give written
notice to the ASSOCIATION requesting such landscaping or maintenance service. If
the ASSOCIATION fails to comply with the demand of the CITY to provide such
landscaping or 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 ten (10) days of the ASSOCIATION'S receipt of said written notice, the CITY may
make changes to the affected areas that are economical and deemed to be in the best
interest of the CITY.
However, with respect to any written notice of failure to provide such services which are
required hereunder that cannot be cured within said ten (10) day period, the CITY
agrees not to make such changes if within said ten (10) days period of receipt of said
written notice, the ASSOCIATION shall have commenced and thereafter continues to
diligently prosecute all action necessary to provide such services or cure any failure
which the CITY has provided written notice of to the ASSOCIATION. The
ASSOCIATION shall have thirty (30) days from the end of the ten (10) day written notice
provided by the CITY in which to complete services that have begun but cannot be
completed within said ten (10) days.
The ASSOCIATION shall reimburse the CITY for work performed by the CITY due to
the ASSOCIATION'S failure to provide landscaping or maintenance services.
Any expenses incurred by 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 structural change or
maintenance decisions deemed to be in the CITY'S best interest in the event of default
by the ASSOCIATION in maintaining the entranceway.
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Temp Reso #8066
Exhibit "B"
0 5. INSURANCE:
The ASSOCIATION shall obtain and maintain at ASSOCIATION'S expense all
necessary insurances in such forms and amounts as required by the 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 shall name CITY as an additional insured
on all insurance policies required under this Agreement. Contractors hired by
ASSOCIATION shall maintain such insurances in full force and effect during the life of
this Agreement. ASSOCIATION shall provide to 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 the CITY harmless for any damages resulting
from failure of ASSOCIATION 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.
6. 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's fees) in connection with loss of
life, bodily or personal injury, or property 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 and appointed 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.
7. 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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Temp Reso #8066
Exhibit "B"
8. 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.
9. 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 certified 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 88th Avenue
Tamarac, FL 33321
ASSOCIATION:
Mr. Fran Elgrin, President
With a Copy to:
Public Works Director
6011 Nob Hill Road
Tamarac, FL 33321
and
City Attorney
7525 NW 88th Avenue
Tamarac, FL 33321
Mainlands Section 6 Civic Association, Inc.
4920 NW 52" d Court
Tamarac, FL 33319
M
Temp Reso #8066
Exhibit "B"
10. 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.
11. 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.
12. 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.
13. MERGER AMENDMENT:
This Agreement constitutes the entire Agreement between the ASSOCIATION and the
CITY, and negotiations and oral understandings between the parties are merged herein.
This Agreement can be supplemented and/or amended 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.
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Temp Reso #8066
Exhibit 'S'
11
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
MAINLANDS SECTION 6 CIVIC ASSOCIATION, INC., signing by and through its President,
, duly authorized to execute same.
ATTEST:
City Clerk Patricia Marcurio, cMc
Assistant
ATTEST:
Corporate Secretary
(Corporate Seal)
Mary Lou Hyde
Type/Print Name
CITY OF TAMARAC
oe Schreiber, Mayor
Date: F P-
5 g
SS
Robert S. Noe, Jr., City M ager
Approved as to form and I
!-. Mitchell S. Kraft,�i Attorney
MAINLANDS SECTION 6 CIVIC
ASSOCIATION, INC.:
President
Date:
Francis Elqrim
Type/Print Name