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Home My WebLink AboutCity of Tamarac Resolution R-80-1771� Introduced by: -� Temp. Reso. # CITY OF TAMARAC, FLORIDA RESOLUTION NO. A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF TAMARAC, FLORIDA AND BROWARD COUNTY FOR THE REMOVAL AND RELOCATION OF WATER AND SEWER LINES ON MCNAB ROAD BETWEEN UNIVERSITY DRIVE AND EAST CITY LIMITS OF TAMARAC. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: That the City Council hereby approves an agreement between the City of Tamarac and Broward County, a copy of which is attached hereto and specifically made a part of this Resolution for The Removal and Relocation of Water and Sewer Lines on McNab Road Between University Drive and East City Limits of Tamarac. SECTION 2: That the proper City Officials are hereby authorized and directed to execute said agreement on behalf of the City of Tamarac. PASSED, ADOPTED AND APPROVED this 9th day of July, 1980. ATTEST: _Aa*oF-. CITY CLERK I HEREBY CERTIFY that I have approved the form and correctness of this RESOLUTION CITY ATTORNEY MAYOR: DISTRICT DISTRICT DISTRICT DISTRICT RECORD OF COUNCIL VOTE Rf-9 ° A G R E E M E N T Between BROWARD COUNTY and THE CITY OF TAMARAC, FLORIDA for THE REMOVAL AND RELOCATION OF WATER AND SEWER LINES ON McNAB ROAD BETWEEN UNIVERSITY DRIVE AND EAST CITY LIMITS OF TAMARAC A G R E E M E N T Between BROWARD COUNTY and THE CITY OF TAMARAC, FLORIDA for THE REMOVAL AND RELOCATION OF WATER AND SEWER LINES ON McNAB ROAD BETWEEN UNIVERSITY DRIVE AND EAST CITY LIMITS OF TAMARAC This is an Agreement between BROWARD COUNTY, a political sub- division of the State of Florida, its successors and assigns, hereinafter referred to as COUNTY, AND THE CITY OF TAMARAC, FLORIDA, a municipal corporation organized and existing under the laws of the State of Florida, its successors and assigns, hereinafter referred to as CITY. W I T N E S S E T H: WHEREAS, the water and sewer lines of the CITY OF TAMARAC on McNab Road between University Drive and east city limits of Tamarac have been found to be unreasonably interfering with the improvement and expan- sion of McNab Road; and WHEREAS, the CITY OF TAMARAC, as owner of the utility lines, was given notice of the necessary removal or relocation of their facilities and a legal determination was made that the costs of said removal or relocation should be borne by the CITY OF TAMARAC at its own expense; and WHEREAS, the CITY OF TAMARAC, as owner of the utility lines, accepts responsibility for removal or relocation but is financially unable to fund the required relocation; and WHEREAS, the COUNTY is causing the construction and improve- ment of McNab Road and the CITY and COUNTY are aware that it would be counterproductive to expand and widen the road before the utility lines are relocated as required; and WHEREAS, the relocation of the utility lines in connection with the improvement of McNab Road will be in the general public interest and of sub- stantial benefit to the residents of the COUNTY and the CITY. NOW, THEREFORE, IN CONSIDERATION of the mutual terms and conditions, promises, covenants and payments hereinafter set forth, COUNTY and CITY hereby agree as follows: 1. COUNTY and CITY hereby agree to establish a written agreement for the removal of transite water mains and sanitary force mains and replacement with ductile iron pipe on McNab Road between University Drive and the east city limits of Tamarac including the intersection improvements in- cluded in this project at the McNab Road -University Drive intersection. 2. CITY shall reimburse COUNTY for all costs for the installation of the new water and sewer lines, which costs shall include, but not be limited to, engineering services, installation costs and services, and inspection costs and payment for all costs relative to the removal of the existing water and sewer lines. 3. CITY shall indemnify and hold COUNTY harmless for all claims and damages resulting from the removal of the existing water and sewer lines by COUNTY. 4. The COUNTY shall keep accurate records of the costs of the relocation and installation of the utility lines, and duplicate copies of such records shall be forwarded to CITY on a monthly basis. CITY shall, at reason- able times, have access to any and all COUNTY records relative to the installation work. 5. The COUNTY shall submit a final itemized statement to the CITY within forty-five (45) days of the completion of the utility installation construc- tion. 6. First reimbursement payment to COUNTY shall be made by the CITY one (1) year after the installation work has been completed, and itemized state- ment forwarded to CITY. The following payments shall be made semi-annually, with the total amount billed to be paid in full within five (5) years from the date of the first payment made by CITY to COUNTY. The CITY shall pay interest as follows: Zero percent (0%). 7. It is understood and agreed between the parties that COUNTY shall not be held responsible for the construction of. the new water and sewer lines; nor does the COUNTY warrant or guarantee the construction work. COUNTY'S liability is limited solely to the initial payments for the installation work, said payments to be reimbursed by CITY to COUNTY. -2- S. COUNTY agrees to require a separate division in its bidding documents for the installation of CITY'S lines, so that these costs, to be reim- bursed by CITY to COUNTY, can be easily identified. 9. CITY agrees to be bound by the lowest overall bid received and accept- able to the COUNTY for the construction work on McNab Road, including the relocation and installation of the :CITY'S utility lines. This is agreeable to CITY even if the overall lowest bid received by COUNTY contains a bid for the installation of utility lines which exceeds other bids received by COUNTY for said installation; further, 10. CITY agrees to indemnify and hold harmless COUNTY for any supervi- sion performed or installation contracted for and constructed pursuant to installing the lines. 11. The COUNTY agrees to exercise good faith in implementing all reasonable requests by written' Resolution of the City Commission of CITY for any imperfections or malfunctions of the utility lines caused by COUNTY'S contractors and subcontractors as agreements with them relate to the in- stallation of CITY'S utility lines along McNab Road. 12. This Agreement shall continue in effect and be binding on both the CITY and COUNTY until removal and relocation of the utility lines is completed and final remittance is made by the CITY to the COUNTY. 13. If either the CITY or COUNTY incurs any expense in enforcing the terms of this Agreement under either of the above alternatives, whether suit be brought or not, the parties agree that all costs and expenses, including but not limited to court costs, interest and reasonable attorneys fees, shall be paid to the prevailing party. 14. The obligation incurred in this Agreement is a junior indebtedness to the approximately $14,000,000 bonds to be issued pursuant to Tamarac Resolution R-79-251 and shall be payable from the General Reserve Fund established in Resolution R-79-251 or as appropriate, from Developer contributions. IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the respective dates under each sigfaature: BROWARD COUNTY through its BOARD OF COUNTY COMMISSIONERS, signing by and through its Chairman, authorized to execute same by Board action on the day of , 19 , and THE CITY OF TAMARAC, Florida, signing by and through its Mayor and City Manager duly authorized to execute same. ATTEST: County Administrator and Ex- Officio Clerk of the Board of County Commissioners of Broward County, Florida COUNTY BROWARD .COUNTY, through its BOARD OF` COUNTY COMMISSIONERS By HOWARD C. FORMAN, Chairman day of , 19 -3- AGREEMENT BETWEEN BROWARD COUNTY AND THE CITY OF TAMARAC, FLORIDA, FOR THE REMOVAL AND RELOCATION OF WATER AND SEWER LINES ON MCNAB ROAD BETWEEN UNIVERSITY DRIVE AND EAST CITY LIMITS OF TAMARAC. ATTEST: c- City Manama ATTEST: 'ers'sistant Ci y Cie CAP:ed AGR058-D 7/7/80 #i80-380 Approved as to form and legality by Office of General Counsel for Broward County, Florida HARRY A. STEWART, General Counsel Room 248, Courthouse Fort Lauderdale, Florida 33301 Telephone: (305) 765-5105 By CLAUDETTE A. PELLETIER Assistant General Counsel CITY CITY OF TA ARAC, FLORIDA By Walter W. F I�ck, Mayor day of L� City Manag er��L��a 1/�'c day of c�_ 19_ .� -4-