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HomeMy WebLinkAboutCity of Tamarac Resolution R-93-06513 !4 15 I Temp. Reso. #'/85 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-93- eP A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TAMARAC, FLORIDA AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE AN AGREEMENT FOR TRAFFIC BEAUTIFICATION BETWEEN BROWARD COUNTY AND THE CITY OF TAMARAC FOR MCNAB ROAD FROM UNIVERSITY DRIVE TO PINE ISLAND ROAD; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIYE DATE. WHEREAS, the City Council of the City of Tamarac, Florida deems it to be in the best interests of the citizens and residents of the City of Tamarac to authorize the appropriate city officials to execute an Agreement for Traffic Beautification with Broward County and the City of Tamarac for McNab Road from University Drive to Pine Island Road. WHEREAS, Broward County will be responsible for irrigation of plants and trees and the City of Tamarac will be responsible to maintain the plants and trees after the installation is completed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF TAMARAC, FLORIDA: ,UCTION_ : The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and is hereby made a specific part of this resolution. That the appropriate City Officials are hereby authorized to execute the attached Agreement with Broward County for Trafficway Beautification for McNab Road from University Drive to Pine Island Road Project 5117 (copy attached hereto as Exhibit A) . Z=I ION 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTIQN.4; If any clause, section, other part or application of this Resolution is held by any court of competent 2 Temp. Reso. # oSS 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. TION 5: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this R � day of 1993. L. BENDER MAYOR ATTEST: CAROL A. EVANS CITY CLERK I HEREBY CERTIFY that I have approved this RE LLTION as to form. MITCHELL CITY A TC HROWARD CO. BEAUTIFICATION OF MCNAB RD/rkt IN tNAYQR• RECORD OF DIST 1. V DtST. 2• ©1ST. 3: R DIST. 4: C / KA /lt CIA • rrti..- CI 0 AGREEMENT OR TRAFFIC AY BEAUTIFICATION Between BROWARD COUNTY and CITY OF T RAC for cN B ROAD ROM UNIVERSITY R VE TO PINE ISLAND ROAD PROJECT 5117 9.3 - 67 � Z-�)3-&.5 0 AGREEMENT OR TRAFFICWAY BEAUTIFICATION Between BRO ARD COUNTY and CITY „OF TAMARAC for McNAB ROAD F OM -UNIVERSITY DRIVE TO PINE ISLAND ROAD PROJECT 5117 This is an Agreement, made and entered into by and between: BROWARD COUNTY, a political subdivision of the state of Florida, hereinafter referred to as "COUNTY," 0 AND CITY OF TAMARAC, a municipal corporation located in Broward County, Florida, and organized and existing under the laws of the State of Florida, its successors and assigns, hereinafter referred to as "MUNICIPALITY." W I T N E S S E T H: WHEREAS, McNab Road from University Drive to Pine Island Road is a public trafficway (hereinafter referred to as the "Trafficway") a portion of which is located within the municipal boundaries of MUNICIPALITY; and WHEREAS, it is of mutual benefit to the residents of COUNTY and MUNICIPALITY to beautify the Trafficway median by landscaping and irrigation; and WHEREAS, MUNICIPALITY, by resolution of its governing body adopted on the day of �..� 19 has approved joint beautification of the Trafficway median with COUNTY pursuant to the terms of this Agreement and has authorized the appropriate officers of MUNICIPALITY to execute this Agreement; and WHEREAS, COUNTY, by action of its Board of County Commissioners on the . day of 19 , has approved the joint beautification of the Trafficway median with MUNICIPALITY and has authorized the appropriate COUNTY officers to execute this Agreement; NOW, THEREFORE, IN CONSIDERATION of the mutual terms, conditions, promises, covenants, and payment hereinafter set forth, COUNTY and MUNICIPALITY agree as follows: 1. COUNTY and MUNICIPALITY shall participate in the beautification of the trafficway median in the manner set forth in this Agreement. 2. COUNTY shall perform the following: (a) Prepare or cause to be prepared plans and specifications for the beautification of the median in said Trafficway. Such plans and specifications shall be reviewed and approved by the Director of COUNTY'S Public Works Department (hereinafter referred to as the "Director") and a representative of MUNICIPALITY. (B) In accordance with the approved design plans and specifications, landscape the Trafficway median by installing along and in the median vegetation, which may include, but is not limited to, plants, trees, shrubberies and turf; and installing irrigation systems • compatible with the installed vegetation. 3. MUNICIPALITY shall perform the following: (a) MUNICIPALITY shall maintain the vegetation and irrigation systems installed by COUNTY along the median, as follows: (1) MUNICIPALITY shall properly fertilize all vegetation; keep all vegetation as free from disease and harmful insects as practicable; property mulch the vegetation beds, keeping them free from weeds; periodically cut the grass in order to maintain a neat and proper appearance; prune all plants so as to remove all dead or diseased parts of plants and all parts of plants which present a visual hazard or physical obstacle to the use of the Trafficway; remove and replace all vegetation which is dead or diseased or which otherwise falls below the initial level of beautification of the Trafficway median, such replacement to be accomplished by the use of plants, of the same grade as specified in the original approved plans and specifications and the same size as those existing at the time of -2- Z- F3-�5- 0 replacement; keep litter removed from the Trafficway median; and maintain irrigation parts in working order according to the original approved plans and specifications, including the maintenance and replacement of pumps, pipes, and sprinkler heads. (II) MUNICIPALITY shall pay all utility charges relating to the operation of the irrigation systems used in the beautification of the Trafficway median. 4. If at any time subsequent to COUNTY'S installation of vegetation and irrigation systems along the Trafficway median it is determined by the Director that MUNICIPALITY is not maintaining the beautified median pursuant to the terms of this Agreement, the Director shall notify MUNICIPALITY in writing of such deficient maintenance. If MUNICIPALITY does not correct and improve such deficient maintenance within thirty (30 days of receipt of the Director's written notice, COUNTY, at the option of the Director, may cause such deficiencies to be corrected and improved and bill MUNICIPALITY for the costs of such correction and improvement. MUNICIPALITY shall then remit to COUNTY the amount so billed within . thirty (30) days of MUNICIPALITY'S receipt thereof. 11 5. As a material consideration for COUNTY'S entry into this Agreement, to the extent permitted by law, MUNICIPALITY agrees at all times hereafter to indemnify, defend, save, and hold harmless COUNTY, its officers, agents, employees, and the Board of County Commissioners from all claims, demands, liabilities, and suits of any nature arising out of, because of, or due to the breach of this Agreement by MUNICIPALITY, its agents, contractors, or employees, or due to any act, occurrence, or omission to act by MUNICIPALITY, its agents, contractors, or employees. 6. The Director shall decide all questions, difficulties, and disputes of any nature which may arise under or by reason of the beautification of the Trafficway median pursuant to the terms of this Agreement. 7. This Agreement may be terminated for cause by either party upon a thirty (30) day written notice given by the terminating party to the other party. -3- IN WITNESS WHEREOF, the parties have made and executed this Agreement on the respective dates under each signature: B'ROWARD COUNTY through its BOARD OF'COUNTY COMMISSIONERS, signing by and through its Chair or Vice Chair, authorized to execute same by Board action on the day of 19 , and CITY OF TAMARAC, signing by and through its duly authorized to execute same. ATTEST: County Administrator and Ex-Officio Clerk of the Board of County Commissioners of Broward County, Florida 0 0 mij -4- BROWARD COUNTY, through its BOARD OF COUNTY COMMISSIONERS By Chair day of , 19 Approved as to form by Office of County Attorney Broward County, Florida JOHN J. COPELAN, JR., County Attorney Governmental Center, Suite 423 115 South Andrews Avenue Fort Lauderdale, Florida 33301 Telephone: (305) 357-7600 Telecopier: (305) 357-7641 By RAFAEL E. SUAREZ-RIVAS Assistant County Attorney 9 0 • WITNESSES: ATTEST: City C erk (CORPORATE SEAL) RSR:jfy 5/12/93 93-72.04 Beauti.A01 MUNICIPALITY m= CITY OF TAMARAC By Mayo o issioner Aed yo f 19 City Mana4ee t� JOHN P. Y q day of , 19 l