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HomeMy WebLinkAboutCity of Tamarac Resolution R-92-130Temp. Reso. # 6339 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-92- � A RESOLUTION AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE AN ADDENDUM TO THE AGREEMENT BETWEEN CITY OF TAMARAC AND PUBLIC ADVERTISING, INCORPORATED, TO COINCIDE WITH THE LANGUAGE IN THE AGREEMENT BETWEEN THE CITY AND BROWARD COUNTY TO ERECT AND MAINTAIN BUS STOP SHELTERS IN BROWARD COUNTY RIGHTS -OF -WAY WITHIN THE CITY OF TAMARAC; AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: That the appropriate City Officials are hereby authorized to execute an Addendum to the Agreement between City of Tamarac and Public Advertising, Inc., to coincide with the language in the Agreement between the City and Broward County to erect and maintain bus stop shelters in Broward County Rights -of --Way within the City of Tamarac, Florida, a copy of said document attached hereto. SECTION 2: This Resolution shall become effective immediately upon adoption. PASSED, ADOPTED AND APPROVED this /cP d y of , 1992. ATTEST: CARIOL A. EVANS CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as. UITI A RECORD OF COUNCIL VOTE MAYOR , BEM!gP DISTRICT 1: - C/M KATZ__ DISTRICT 2: V/M SCH1UMANN DISTRICT 3: M HR DISTRICT 4: C/M ABRAMOWITZ LJ July 29, 1992 • ADDENDUM TO FEBRUARY 26, 1990 AGREEMENT BETWEEN CITY OF TAMARAC AND PUBLIC ADVERTISING, INC. FOR ERECTING AND MAINTAINING BUS STOP SHELTERS WITHIN THE CITY OF TAMARAC, FLORIDA THIS ADDENDUM to the Agreement between the CITY OF TAMARAC and PUBLIC 0 ADVERTISING, INC., (hereinafter the "ADDENDUM") is made an entered into this day of , 1992, by and between PUBLIC ADVERTISING, INC., ( hereinafter "COMPANY"), and the CITY OF TAMARAC, (hereinafter "CITY"). WITNESSETH: WHEREAS, CITY and COMPANY entered into an Agreement ("Agreement") dated February 26, 1990, relating to bus shelter construction, maintenance, operation and advertising; and WHEREAS, CITY will enter an Agreement between BROWARD COUNTY and the CITY OF TAMARAC for installation of Bus Shelters in COUNTY right-of-way 9 ("CITY/COUNTY AGREEMENT"); and WHEREAS, under said CITY/COUNTY AGREEMENT, CITY has the responsibility for: costs associated with the design, installation and maintenance of bus shelters and facilities; costs associated with removal of bus shelters by COUNTY; expenses related to COUNTY permits; indemnification of the COUNTY; provision and paying for insurance; provision and paying for construction, maintenance, removal and restoration bonds; cancellation or discharge of notices of violation arising from or otherwise connected with alterations or any other work, labor, service, or material, done for or supplied relative to the bus shelters; and WHEREAS, both parties hereto have agreed that COMPANY shall be responsible for and undertake all the obligations and responsibilities of CITY as set forth in said CITY/COUNTY AGREEMENT. NOW, THEREFORE, in consideration of the mutual terms and conditions, 40 promises, covenants and payments hereinafter set forth, CITY and COMPANY agree as follows: 1 . The foregoing recitals are true and correct and form part of the consideration of this Agreement. 2. In addition to the obligations set forth in the February 26, 1990 Agreement between CITY and COMPANY, as well as all subsequent amendments and addendums thereto, COMPANY shall undertake full performance of and cause to be done the following obligations specifically set forth in the Agreement between BROWARD COUNTY and the CITY OF TAMARAC for Installation Of Bus Shelters In COUNTY Right - Of -Way, (hereinafter CITY/COUNTY AGREEMENT) an unexecuted copy of which is attached hereto as Exhibit "A" and made a part hereof: (a) COMPANY shall install bus shelters only at public carrier • stops and only with the express approval of CITY and, as appropriate, the Broward County Mass Transit Division or the Broward County Engineering Division (hereinafter "COUNTY"), or Florida Department of Transportation (hereinafter "FDOT"). All bus shelters shall be erected in accordance with all Federal, State and Local laws and regulations including but not limited to Chapter 337.407 and 337.408, as amended, of the Florida Statutes, and Chapter 14-20, as amended, of the Florida Administrative Code. (b) COMPANY shall reimburse CITY for any permit fees paid by CITY to COUNTY for the approval of bus shelters in the COUNTY right of way. Such fees are currently set at Thirty Dollars ($30.00) per shelter, and may be amended from time to time by COUNTY. This Thirty Dollar ($30.00) fee reimbursement for 0 3 "'/ /02--1 j d r, each permit is over and above the Five Hundred Dollar ($500.00) fee owed by 10 COMPANY to CITY. (c) CITY shall have no responsibility whatsoever for any costs associated with design, installation or maintenance of bus shelters and pertinent facilities and COMPANY shall indemnify and assume responsibility for any costs generated by the CITY/COUNTY AGREEMENT for installation of bus shelters in COUNTY right-of-way. (d) In the event that COUNTY for any reasonable and just cause consistent with the CITY/COUNTY AGREEMENT shall deem it necessary or advisable to disturb or destroy in whole or in party any bus shelter installed in COUNTY right-of- way, the responsibility for restoration or replacement of the bus shelter and of restoring the right-of-way to the condition in which it existed at the time of commencement of the CITY/COUNTY AGREEMENT shall be at the sole cost and expense of COMPANY and CITY shall have no responsibility whatsoever therefor. (e) COMPANY agrees that the COUNTY shall, with the consent of CITY have the right to utilize unsold advertising panels until such time as an unsold panel utilized by COUNTY is sold or leased for advertising purposes by COMPANY. (f) If COUNTY finds it necessary or advisable to remove a shelter, CITY shall so notify COMPANY and COMPANY shall promptly, but in any event, not more than thirty (30) days after CITY's notification by the COUNTY, remove the subject bus shelter and restore the right-of-way to the condition in which it existed at the time of the commencement of the CITY/COUNTY AGREEMENT. Such removal and restoration shall be at the cost and expense of COMPANY and CITY shall have no 0 4 L� ,,,e, Saz -1-3d obligation or responsibility for the payment of any costs associated with such removal or restoration. (g) COMPANY agrees to indemnify and save harmless BROWARD COUNTY, its officers, agents and employees, from or on account of any injuries or damages, received or sustained by any person or persons during or on account of any operations connected with the CITY/COUNTY AGREEMENT; or by or in consequence of any negligence (excluding negligence of COUNTY), in connection with the same; or by use of any improper materials or by or on account of any act or omission of the said CITY, COMPANY or any subcontractor, agent, servant or employee of either. COMPANY agrees to indemnify and save harmless COUNTY against any claims or liability arising from or based upon the violation of any federal, state, county or city laws, by-laws, ordinances or regulations by CITY, COMPANY, any subcontractor, agent, servant or employee of either. COMPANY agrees to indemnify and save harmless COUNTY from all such claims and fees, and from any and all suits and actions of every name and description that may be brought against COUNTY on account of any claims, fees, royalties, or costs for any invention or patent, and from any and all suits and actions that may be brought against COUNTY for the infringement of any and all patents or patent rights claimed by any person, firm, or corporation. COMPANY shall, defend, at its own expense, at COUNTY's option, any and all claims of liability and all suits and actions of every name and description that may be brought against COUNTY which may result from the operations and activities under the CITY/COUNTY AGREEMENT whether the activities or operations be performed by CITY, COMPANY, any subcontractor or by anyone directly employed by either. `� - V -13d 1 (h) COMPANY shall provide, pay for and maintain in force at all times during the life of the CITY/COUNTY AGREEMENT such insurance as is required by COUNTY. ( i ) COMPANY shall provide, pay for and maintain in force at all times during the life of the CITY/COUNTY AGREEMENT plus one (1) year, a bond in a form acceptable to COUNTY. ( j ) COMPANY specifically agrees to the terms and conditions contained in the mechanics lien provision of the CITY/COUNTY AGREEMENT. COMPANY assumes all financial or other obligations contained or associated therein and indemnifies CITY as to any obligations associated therewith. (k) If the CITY/COUNTY AGREEMENT expires or is terminated pursuant to the terms of the CITY/COUNTY AGREEMENT, COMPANY agrees to remove all bus shelters installed pursuant to the CITY/COUNTY AGREEMENT, and to restore the right-of-way at each installation to the condition in which it existed at the time of commencement of the CITY/COUNTY AGREEMENT; all costs and expenses associated thereto will be paid by COMPANY. 3. COMPANY is bound by all terms OF the CITY/COUNTY AGREEMENT. The failure to specifically delineate any terms or conditions in this Addendum, does not relieve COMPANY of any obligations pursuant to the CITY/COUNTY AGREEMENT; COMPANY assumes all responsibilities generated by the CITY/COUNTY AGREEMENT; and indemnifies and holds the CITY OF TAMARAC, its officers, agents and employees harmless from any injuries, actions, costs, expenses, or charges, including costs of defense arising from the CITY/COUNTY AGREEMENT. Upon demand COMPANY shall, at 0 6 its own expense defend the CITY, its officers, agents and employees against all actions. Nothing contained in this Addendum shall serve to release COMPANY from any obligation of the February 26, 1990 AGREEMENT or any Addendums thereto. IN WITNESS WHEREOF, the parties hereto have made and executed this ADDENDUM to the Agreement between CITY and COMPANY on the respective dates under each signature: CITY OF TAMARAC through its CITY COUNCIL, signing by and through its Mayor, authorized to execute same by Council action on the - ),Q47day of 1992; and PUBLIC ADVERTISING, INC., signing by and through its President, duly authorized to execute same. CITY CITY OF TAMARAC By: Z_ � . B DER, MAYOR On this _day of1992. gam_. ATTEST: J N P. KELLY, CITY M ER CAROL A. EVANS, CITY CLERK On thisj1-4*v-day of1992 ROVED AS TO FORM AND LE SUFF CIE Y: CITY OF TAMARAC 1 APPROVED AT AIE�'iMG OF �MITC ELL S. KRAFT ' CITYATTORNEY 1 7 N� . �p2 - /?c)'1 EUBLICADVERTI,5[NG. INC. ATTEST: PUBLIC ADVERTISING, I B-L,,e, Secretary PRESIDE Ronda Winter (Please type name of 5f" Secretary) � � day of U S 71� 1992 (CORPORATE SEAL) STATE OF FLORIDA COUNTYOF SS Before me personally appeared— to me well known and known to me to be the person described in and who executed the foregoing instrument, and acknowledged to and before me that he/she executed said Instrument for the purposes therein expressed. Sfi WITNESS my hand and official seal, this w day of40L 1992. . Notary Public, t �e of r/ Florida at Large ' _6CUC?ny !r-_Roozer_ (Print or type name of Notary) 'OFFICIAL NOTARY SEAL" My commission Expires: BEVERLY J. BOOZER NOTARY PUBLIC -STATE OF FLORIDA MY Commieeion Exp. June 18, 1994. Personally known&10_tCL GOC.V Produced Identification: FL, Pr. Elm I DID take an oath, or V DID NOT take an oath. Z; r