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HomeMy WebLinkAboutCity of Tamarac Resolution R-70-0041, • I RESOLUTION NO. 70 - 4 A RESOLUTION AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE A LAWN MAINTEN- ANCE CONTRACT WITH GARDEN AND LANDSCAPE, INC., UNDER SPECIFIED TERMS AND CONDITIONS IN ACCORDANCE WITH THE ATTACHED CONTRACT, INCLUDING AN ESCROW ARRANGEMENT AND FORMALLY VOIDING RESOLUTION 70-2. WHEREAS, the City Council has resolved via Resolution 70-2 to authorize the appropriate City officials to execute a lawn maintenance contract with GARDEN AND LANDSCAPE, INC., provided said contract was executed by February 26, 1970, that by terminating the authorization provided for therein; and, WHEREAS, the City Council and GARDEN AND LANDSCAPE, INC., have negotiated a contract for lawn maintenance functions in accordance with the attached contract and the Council deems it wise and expedient to award a one (1) year contract to GARDEN AND"LANDSCAPE, INC., a Florida corporation, in accord- ance with the terms and conditions of the attached contract; and, WHEREAS, the substance of the contract was read at the regular meeting held on Monday, March 2, 1970, and, at that meeting, a special meeting of the Council was called for Tuesday, March 3, 1970, at 4:30 o'clock P.M. at City Hall, City of Tamarac; now, therefore, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: That the appropriate City officials be and they are hereby authorized to execute that certain lawn maintenance contract by and between the CITY OF TAMARAC and GARDEN AND LANDSCAPE, INC., a Florida corporation, a copy of which is attached hereto and made a part hereof as if set forth in full herein and identified as Exhibit "A". 0 RESOLUTION NO. 70 - 4 (Continued) -2- SECTION 2: The authorization contained in Resolu- tion 70-2 is by this resolution expressly repealed. PASSED AND ADOPTED this 3rd day of March, A.D., 1970. VICE11MAYOR ATTEST: •�yli1/• ti a City Clerk i • i A G R E E M E N T THIS AGR=1ENI made and entered into by and between the CITY OF TA11A AC, a munieipal corporation, based upon con- tractual right, hereinafter referred to as "Tamarac", and ; GARDEN AND LANDSCAPE, INC., a Florida corporation, herein e_ after referred to as "Company", this -7 day of March, A.D., 1970. W I T N E S S E T H: WHEREAS, the City of Tamarac, by assignment,' has accepted the obligation to perform certain lawn maintenance functions as more particularly described below and, on due consideration, deems it wise and expedient to enter into a j contract with private enterprise to perform said lawn main- tenance functions pursuant to certain terms and conditions and, . WHEREAS, the City of Tamarac has advertised for bids pursuant to certain bid specifications for lawn main- tenance and related matters in certain areas within the City limits of. the City of Tamarac; and, WHEREAS, said bids were opened on February lb, 1970, in the office of the City Administrator of the City of Tamarac, and whereas three (3) bids were received, the Council of the City of,`Tamarac deemed it wise and expedient not to enter into a contract pursuant to the terms and conditions of the bid specifications ,and has deemed it to be in the public interest to modify the terns _and conditions of the bid specifications in certain respects and has negotiated the terms and conditions as aforesaid with GARDEN AND LANDSCAPE, INC., a Florida corporation, said Company being the low bidder of the three (3) bids received by the City as -defined above; now, therefore, FOR AND IN CONSIDERATION of the mutual covenants.and promises, each running to the other party, the parties hereto agree as follows: TH- LAND: The Company shall be required to perform the services defined elsewhere in this Agreement on the following sections and subdivisf.ons of Tamarac located. within the City limits of the City of Tamarac as more'par ticularly defined on Schedule A-1 attached hereto. Other sections and subdivisions currently in existence but deemed not acceptable by the Company at the present time are defined on Schedule A-2. When the proper'Ly described in Schedule A-2 is deemed acceptable by the Company in accordance with para- graph "9 herein, said property on Schedule A-2 shall become a part of this Agreement the same as if it were set forth originally in Schedule A-1.. 2. It is the express agreement and understanding of the. City of.Tamarac and the Company that the Company is an independent contractor and is not an employee of the City of Tamarac. 3. The Company shall be required to comply with all laws, resolutions and ordinances of the City of Tamarac, State of Florida, and the United States of America, and all Political subdivisions thereof, including, but not necessarily limited to the requirement to procure an occupational license, to pay all taxes due, if any, and to operate vehicles in com- pliance with the safety laws of the State of Florida. 4. The Company shall contemporaneously with the execution of this contract provide the City of Tamarac with a certificate of insurance from an insurance company approved by the City of Tamarac; such approval to be acknowledged by the execution of Schedule D which consists of an approval of insurance in the following amounts: Bodily injury One Hundred Thousand Dollars ($100, 000.00) each person. Three Hundred Thousand Dollars ($300, 000. 00) each occurrence. Property damage - Fifty Thousand Dollars ($50, 000.00) each occurrence. The City of Tamarac shall be a named insured on said policy. Said policy is attached hereto and made a part hereof and identified as Schedule C. 5. The Company shall respond to all complaints on a daily basis and shall rectify all legitimate complaints at the earliest possible time. The Company, without obligation, will attempt to rectify such legitimate complaints which a homeowner may phone F to a telephone number designated by the Company. However, the Company will not assume any obligation to rectify such legitimate complaint unless such complaint is inscribed on a form provided by the Company, furnishing all information required by said form _and filed with the Company by placing same in a receptable provided by the Company in the Tamarac City Hall. Said forms shall be in accordance with the complaint form set forth on Schedule ' K All legitimate complaints shall be corrected and completed within a reasonable time, provided, however, any complaint filed after..' 3:00 o'clock P. M. of any particular date, cannot be responded to until a second succeeding working day thereafter; except water -main breaks caused by the Company. which shall be considered an emergency which the Company shall correct immediately. I Xz 0 • All complaints and action thereon shall be duly noted and submitted by the Company to the Maintenance Committee, or its designee, on a weekly basis. Any dispute arising between the Company and a resident of the City of Tamarac shall be submitted to the Maintenance Committee and the decision rendered by the Maintenance Committee shall be final and binding on the Company in regard to said dispute between the resident and the Company but is not final and/or determinative as to the legal rights of the parties hereto under the terms and provisions of this Agreement. 6. Should the Maintenance Committee determine that the Company has failed to rectify a legitimate complaint of a resident, the Maintenance Committee agrees to furnish the Company with written notice of such determination and to allow the Company ten (10) days to correct the defect in performance. Should the Company fail to so correct such defect in performance in a good and workmanlike manner, the City of Tamarac can cancel this contract and completely terminate same -only upon ninety (90) days written notice to the Company. 7. The Company shall remove all equipment from the residential areas serviced at the end of each working day and shall store said equipment in such a manner so as not to cause an unsightly compilation of equipment. 8. The lawn maintenance and sprinkler maintenance contemplated by this Agreement, which the Company shall be responsible and liable for, shall be in accordance with the following: -4- A. Areas to be serviced and maintained: (1) All grass areas around the homes in the areas described in paragraph number 1 above within the platted lot lines of said residential lot. (2) The grass area of all recreation and clubhouse areas, excluding golf courses. (3) All City of Tamarac entrarice ways, public rights of way and median strips on t road rights of way within the city limits of the City of Tamarac, and the City Hall property. B. The Company shall determine the proper pruning and shaping of all shrubs and trees; provided, however, that - any resident may upon written're'quests and agreement between said resident and the Company, to hold the Company harmless from the effect of said request, modify the future pruning t and shaping of said resident's trees and shrubs so long as said requested modification does not substantially change ` the Company's maintenance obligations. C. Service and fre uenc _ q y of service: (1) All lawns in the areas defined in paragraph 8A, above, to be serviced and cut three (3) times per month during the months of June, July and August, and two (2) times all other months. Said law, :-all be cut with '-reel type mowers using grass catchers and said cutting shall include the following accessory services; -5- a. Edging all walkways, driveways, flower• beds and perimeters of houses and other improvements. b.. Raking of flower beds. c. Cleaning around sprinkler heads. d. Vacuuming all walkways and driveways. e. Removal of all trash and debris caused by Company's service from the lawn area. f . Half mowing or trimming with a small rotary mower. D . 'Maintenance other than lawns. (1) Shrubbery, plants and trees, in all areas defined in paragraph SA, above, shall be kept in a pleasant appearing conditions and Will include periodic trimming, fertilization and other attention necessary to keep in a pleasant appearing condition, the time and frequency of service to be determined by the particular area or lot involved. Any damage, in whole or in part, caused by the Company's failing to perform in accordance with the terms and provisions of this contract, shall be replaced by the Company at its expense, within twenty (20) days from written notice to the Company of said damage. (2) In addition to all other services to be performed, all grass areas, shrubbery, plants and trees, shall be fertilized in accordance with the following schedule; -6- a. During the month of November, said fertilization shall be done on all areas within this contractual agree- ment with a chemical mixture of 16- 4-8 with all secondary trace.elerrients. p, b. During the month of March, 1970, the Company shall fertilize in all areas r within the contractual agreement, in- cluding such areas as may be added to said agreement within the next thirty (30) days, with a chemical mixture of 6-6-6 with all secondary trace elements, fifty percent (50%) organic, said chemical mixture to be supplied at the cost and ,. expense of the City; provided, however, on or before June 1, 1970, the Company A* shall reimburse the City the full amount of all suns paid for fertilizer by the City and given to the Company as afore- said. The reimbursement shall be con -sidered a material inducement for Tamarac's execution of this Agreement. The March fertilization requirement shall be ex- tended by ten (10) days and .shall be completed by the Company by. April 10, 1970, or, within thirty (30) days from the date the initial fertilizer supply is given to the Company by the City:, whichever is later. C. A comprehensive chemical weed control program will be completed in the months of December and'January. (3) At. such time as may be needed to prevent destruction of any or all grass, trees, or shrub areas, the Company shall maintain a chemical control program for chinch bugs, army worms, sodweb worms and fungus.. The materials used and the frequency of application shall be within the sole discretion of the Company.- This is to be a preventitive func- tion and serviced on a regular basis in accordance with need, it being the understanding of all parties that the Company shall be liable to replace any damaged grass areas, trees or shrubs which are - destroyed or substantially destroyed by chinch bugs, army worms, sodweb worms or -fungus. E. The Company shall be responsible for the care, operation, maintenance and repair of all sprinkler systems within the area described in paragraph number 1 above, in- cluding mainlines pumps and clock. The Company shall be responsible for all parts, tools, equipment and materials necessary to keep the sprinkler system in complete and efficient working order. Any damage to the sprinkler system of any resident or the City of Tamarac by the Company shall be repaired or replaced forthwith; in addition thereto, the Company shall be responsible for any resultant damage to the lawns, shrubs, trees and plants affected thereby. Any damage done by construction equipment or parties other than the Company will be repaired by the Company at the Company's expense and the party causing the damage will be held re- sponsible and billed by the Company. - 8 - 9. Notwithstanding anything to the contrary herein, the parties hereto specifically agree that the Company shall not be charged with the responsibility of any grass, shrubs, or trees (all flora) or any sprinkler system (including all of its components) until same has been accepted by the Company in accordance with the following; A. On or before March 20, 1970, the Company shall furnish to the Maintenance Committee, as Schedule F. a complete list of grass, shrubs or trees which are dead or not in such a sufficiently healthy condition that the Company -will assume responsibility therefor. The identification of said flora shall be as specific as required and whenever possible should identify section, subdivision, block., lot or item of flora, receiving from the general to the specific and identifying same by a more specific description only where a particular item or area is being excepted from a more generr description. Schedule F-1 shall contain accepted items of grass, shrubs or trees which the Company will not be responsible for but will continue.to service the lot and block in question. Schedule F-2 shall be a list of areas which the Company does not accept and will not be obligated to service in accordance with this Agreement until accepted. The Company shall be paid in full for all areas serviced contained on F-1 and shall not be paid on any area defined on F-2 until accepted. -9- • • B. On or before March 20, 1970, the Company shall furnish to the Maintenance Committee, as Schedule G, a complete list of the sprinkler systems and/or sprinkler components which are not in good working or operating condition and -therefore not accepted by the Company. Said identification shall be in accordance with the method immediately set forth in paragraph A above. C. The cost of correcting the unacceptable condition of the flora and -sprinkler systems, as immediately set forth above in paragraphs.A and B, shall be the sole responsibility of the City of Tamarac. D. All unacceptable areas or news areas of lawn or unacceptable sprinkler systems or new sprinkler - systems within the geographical area delimited by this Agreement shall become the responsibility of the Company only upon the written acceptance thereof by the Company to the Maintenance Committee of the City of Tamarac, which acceptance shall not be unreasonably withheld. When notifiedbythe Maintenance Committee that the area is to be considered for acceptance by the Company the Company shall accept or reject same within seven (7) days and, if rejected, shall state with specificity the reasons for rejection. This procedure shall continue until finally accepted by the Company. It is the express intent of the parties to allow the Company to inspect or accept or reject the work of any third party installing,and/or -10- 9 repairing for the City of Tamarac any sod, grass, plants, trees, shrubs, or sprinkler systems (in aludin- its co.:Iponants) prior. to the acceptance Of work by she City of Tamarac, provided, however, said acceptance shall not be unreasonably withheld. E. All grass, shrubs, or trees and/or sprinkler systems (including components) not identified on or before March 20, 1970, in accordance with the above, by Schedules and G, shall be concluded as being acceptable to the Company and become the responsibility of the Company. 10. The monthly contract fee shall be determined as follows : A. The parties hereto "specifically agree that r in consideration for the services to be performed by the Company in.acco-rdance with the terms and provisions of this Agreement the City of Tamarac shall pay to the Company, for those =its not in the Woodlands, the sum of Twelve Dollars ($12.00) per month per house unit for all existing units and Twelve Dollars ($12.00) per, month per additional units as said units are completed. The price per unit for all units in -the Woodlands shall be Sixteen Dollars ($16.00) per month per Unit -for all existing units and Sixteen Dollars ($16.00) per month per additional unit as they are completed with the exception of those units in the Woodland identified as Estate Lots. The parties hereto specifically acknowledge and agree that the Company is.under no obligation whatsoever under the terms of this -11- Agreement to provide.any services whatsoever as to those units in the Woodlands -identified,. as Estate Lots. Any maintenance on said Estate Lots shall be the subject of independent agree- ments between the parties hereto; provided, � however, no obiigation.shall attach hereby. It is the express understanding of the Company that the City of Tamarac may accept additional parcels of property through annexa- tion and acceptance of contractual obligation concerning lawn maintenance functions, and that the Company hereby agrees to perform all lawn maintenance functions defined in this Agree- ment on said new parcels for the sum of Twelve Dollars ($12.00) per month for comparable non - Woodlands residences and Sixteen Dollars ($16.00) per month for comparable Woodlands residences. Said additional lands shall be serviced by the Company the same as if said lands were designated in paragraph 1 above on the date of execution of this Agreement; provided, however, within seven.,(7) days of written notification to the Company, the Company shall advise as to its acceptance or re- jection of said area and, if rejected, shall state, in writing, with specificity, the reason for re- jeetion. B. On or before 5:00 o'clock P.M. on the 5th, 13th, 20th and 28th of each month (in the case of February, the dates shall be the 5th, 13th, 20th and 26th), the Company shall submit a report to the Maintenance -12- 0 0 Committee, or its designee, advisin& the Maintenance Committee of the number of units not in the Woodlands and the number of units in the Woodlands on which the Company is furnishing lawn services to show compliance with the terms and provisions of this Agreement, said re- port to identify the u..Lt and service performed in regard to said unit. Said -report shall also contain a proposed schedule for lawn maintenance service for the following 7-8 days. The Company shall attach to said report a state- ment of the amount due as of that date. The amount due to the Company for furnishing the lawn maintenance services required by the terms and provisions of this Agreement as of each date set forth above shall be the sum of the number of said units not in the Woodlands, times Three Dollars - ($3.00), plus the number of said units in the Woodlands, times Four Dollars ($4. 00). The above is to cover the monthly con -'- tract fee of Twelve Dollars ($12.00) per month for units not in the Woodlands and Sixteen Dollars ($16.00) per month for units in the Woodlands, in payments four (4) times a month. 11. The method of payment by the City of Tamarac of the • statements of the Company shall be as follows: A. On or before 5:00 o'clock P. M, on the 5th, 13th, 20th and 28th of each month (in the case of the month of February, the dates shall be the 5th, 13th, 20th and 26th), _ the Company shall submit to the Maintenance Committee a statement de- termined in accordance with paragraph 10 B. to be paid in acco.: dance with paragraph B of this paragraph 11. -13- . B. On or before 12:00 o'clock moon of the 7th, 15th, 22nd and 30th of each month (in the case of the month of Febru ary, the dates shall be the 7th, 15th, 22nd and 28th), the City of Tamarac shall pay to the Company, at the City Hall of the City of Tamarac, the full amount of the statement of the Company, reflecting the total number of units as per Schedule A-1 as amended from time to time, less any amounts deductible pursuant to other provisions of this Agreement, submitted to the Maintenance Committee of the City of Tama- rac, on or before 5:00 o' clock P. M. of the 2nd day prior to each of the four dates of each month as set forth immediately above in this paragraph. Time is of the essence in regard to payment of the Com- pany for the reason that the labor payroll constitutes a sub- stantial fraction of the expenses of the Company. Moreover, the parties hereto specifically agree that the City of Tama- rac shall have committed a material breach of this Agree- ment by failing to pay any sums due under the terms and pro- visions of this Agreement by 5:00 o'clock P. M. on the due date (the 7th, 15th, 22nd and 30th of each mouth, or 28th of February). Provided, however, the City of Tamarac shall have fourteen (14) days from the receipt of any statement of the Company to verify said statement and to advise the Company that services purported to have been rendered were not actually in fact rendered to the City of Tamarac and to claim and take a deduction -14 a from the next payment of the City of Tamarac to the Company only for services paid for by the City of Ta.,arac which were not actually furnished by the Company to the City of Tamarac. The Company shall be forthwith advised, in writing, of any determination by the City of Tamarac that the City of Tamarac is claiming a deduction for services paid for by the City of Tamarac which were not actually furnished by the Company. The parties hereto specifically agree and express a good 'faith intention to extend their best efforts to negotiate an amicable settlement of any dispute and/or claimed and taken deduction. The parties hereto specifically agree that any sums deducted under the immediately preceeding sentence shall not be considered in determining whether or not the City of Tamarac .has breached this agreement by non-payment of sums due to the Company. 12. This Agreement shall commence at 12:01 A.M. on March 1, 1970, and shall terminate at 12:01 A.M. on March 1, 1971; provided, however, this contract must be executed by all parties on or before 5:00 o'clock P.M. on March 3, 1970, and all conditions precedent complied with. 13._ The services to be performed under this Agreement will be completed without delay, subject, however, to weather or other conditions beyond the control of the Company and with due respect to the individual growing and maintenance requirements of the varities of trees, grass and/or other plants which are the subject of this Agreement. -15- In the event any delay, regardless of reason, is for longer than fifteen (15) days, the City, at its option, may term- inate this contract. 14. In addition to all of the foregoing, the Company must maintain a permanent crew in each section of the City at all times. Total work force to consist of not less than sixty (60) men with proper supervision. 15. It is the express understanding of the parties hereto that the lawn, maintenance function which is the subject matter of this Agre ement, has been assumed by the City from its assignor via assignment of certain deed restrictions and covenants, and is accepted and operated by the City in its proprietary capacity. In the event of default by the City, it is understood that the r Company will rely solely upon the contractual obligations of the City, as reflected by the various deed restrictions and covenants obligating the City to perform certain lawn maintenance functions, it being understood that the City is not empowered to enter into this Agreement in its govern- mental capacity. In this regard, it is expressly understood that the Company may rot -require, or request any court of competent jurisdiction to require, the City to use general and administrative receipts; to wit, including but not Limited to, fees from building permits and occupational license taxes, ad valorem taxes, cigarette taxes, sewer cor�r_ert c:l gees, e,�d Ma-Zers of similar import, to. satisfy any deficiency or other obligation incurred by the City as a result of the City's execution of this Agreement. SM A 16. The parties hereto agree that the prevailing party shall be entitled to reasonable attorney's fees for the enforcement of any of the terms of this Agreement, be they on a trial or appellate level. 17. This Agreeme.�t shall be -binding upon all parties hereto, their respective personal representatives, agent, administrators, executors, successors and assigns; provided, however, the Company may not assign said Agreement without the prior written approval of the City. 18. -The Company agrees hereby to indemnify and save the City harmless from any loss, damage, expense and liability of whatever kind and nature, including costs, expenses and reasonable attorneys fees, suffered or incurred, w or which may be suffered or incurred, by the City by reason of the Company failinto perform. through misfeasance, non- Clr- feasance or malfeasance, any of the obligations arising under this agreement. 1.9. In the event of litigation arising out of the terms and conditions of this Agreement, either party shall have all of the rights and remedies available to it, legal or equitable in nature, and shall not be required to elect a remedy in the evert of conflict. 20. In the event that any date referred to in this Agreement falls on a Saturday, Sunday, or legal holiday, the date for performance by the respective party shall be as follows: A. If the date is a Saturday, the performance date shall be that Friday. B . If the date is a Sunday, the .performance date shall be the followir_g Monday. -17- C. If the date is a legal holiday, the performance date shall be the next day which is not a legal holiday. 2.1. With reference to paragraph 8 B above; to wit, the Corn- parry's obligation to prune and shape all shrubs and trees; any dead shrubs or trees shall be removed by the Company, at its expense, within ten (10) days; and, if the shrub or tree is the Company's re- sponsibility as determined elsewhere in this Agreement, it shall be replaced within twenty (20) days from removal. 22. The Company shall notify the City of Tamarac as to whether or not said Company accepts or rejects the action of the Mainte12ui1C0 Co:nrtlittee and/or the City of Tamarac to claim and/or take a deduction from any payment of the City of Tamarac to the Company in accordance with paragraph 11 B above. Said notifica - tion of acceptance or rejection shall -be furnished by the City of Tamarac in writing within twenty (20) days of the Company's being notified of a deduction that the City of Tamarac is claiming and/or taking. Notice: City of Tamarac - City Hall of Tamarc, Tamarac, Florida ` Garden and Landscape, Inc. - 412 Blount Building, Fort Lau- derdale, Florida 23. A. The City of Tamarac agrees *to sell the Company the motor vehicles and lawn maintenance equipment identi- fied on the motor vehicles and lawn maintenance equipment inventory attached hereto as Schedule H, on a conditional sale basis, for the sum of Twenty -Two Thousand Ten Dol- lars ($22, 010. 00). On final payment by the Company, said sum of Twenty -Two Thousand Ten Dollars ($22, 010. 00). On final payment by the Company, said property shall be free and clear of all liens, encuirbrances and j or obliga - tions. The City of Tamarac shall execute the appropriate Bill of Sale for the property and the Certificate of Title to the motor vehicles, however, physical possession of same shall be retained by Tamarac. On payment of the purchase price, as stated below, Tamarac will deliver the Bills of Sale and Certificates of Title, duly endorsed, to the Company, reflecting that all liens have been satisfied, together with all manufacturers warranties, manuals, etc. Anysales or other tax incurred as a result of this transaction shall be paid forthwith by the Company. B. Contemporaneously with the execution and delivery of possession of the property defined on Schedule H to the Com- pany, the Company shall execute a promissory note in the amount of Twenty -Two Thousand Ten Dollars ($22, 010. 00), duly executed by the Company in accordance with the premis spry note draft which is attached hereto as Schedule I, which provides that said note shall be paid by the Company at the rate of Five Hundred Dollars ($500.00) being paid by the Cv}la�,aly to t he City of Tamarac on the 7th, 15th, 22nd and (.n the case of the month of February, the 22nd and 28th). The Company of said note at any time, without penalty. C. The City of Tamarac agrees not to place any lien, en- cumbrance or other obligation on said equipment other than RE an' encumbranceto in the original amount of $ j 71 - which is in existence as of the date of the execution of this Agreement, having a current balance of $ as of March 1970. Moreover, the City of Tamarac shall make such payments so that the balance to be paid on the above identified obligation at all times is less than the balance to be paid by the Company to the City of Tamarac on the promissory note identified in A and B of this paragraph 23. 24. Simultaneously with the execution of this Agreement,' the City of Tamarac shall pay to the Company the sum of Forty -Five Hundred Dollars ($4500. 00) as an advance in partial payment of the sum which will be due to the Company from the City of Tamarac on March 7, 1970, in accordance with 10 B above. (As the date of March 7, 1970 is a Saturday, performance shall be by Friday, March 6, 1970). The City of Tamarac shall deduct the above identi- fied Forty -Five Hundred Dollars ($4500. 00) from the amount of the payment to be made March 6, 1970. 25. As security to the City of Tamarac for the Company4,s performance of all of its obligations pursuant to this Agreement, the Company shall establish a. savings account at First Federal Savings and Loan Association of Broward County, Florida, Fort Lauderdale, Florida, in the name of Michael J. Padula and William F. Zamer, as co -trustees in accordance with a certain Escrow Agreement attached hereto and made a part hereof and identified as Schedule H. The purpose of said°account, which is an asset of the Company, shall be to provide a liquid asset of said Company which, in the event the City of Tamarac is awarded a judgment -20- in the original amount of $ j 71 - which is in existence as of the date of the execution of this Agreement, having a current balance of $ as of March 1970. Moreover, the City of Tamarac shall make such payments so that the balance to be paid on the above identified obligation at all times is less than the balance to be paid by the Company to the City of Tamarac on the promissory note identified in A and B of this paragraph 23. 24. Simultaneously with the execution of this Agreement,' the City of Tamarac shall pay to the Company the sum of Forty -Five Hundred Dollars ($4500. 00) as an advance in partial payment of the sum which will be due to the Company from the City of Tamarac on March 7, 1970, in accordance with 10 B above. (As the date of March 7, 1970 is a Saturday, performance shall be by Friday, March 6, 1970). The City of Tamarac shall deduct the above identi- fied Forty -Five Hundred Dollars ($4500. 00) from the amount of the payment to be made March 6, 1970. 25. As security to the City of Tamarac for the Company4,s performance of all of its obligations pursuant to this Agreement, the Company shall establish a. savings account at First Federal Savings and Loan Association of Broward County, Florida, Fort Lauderdale, Florida, in the name of Michael J. Padula and William F. Zamer, as co -trustees in accordance with a certain Escrow Agreement attached hereto and made a part hereof and identified as Schedule H. The purpose of said°account, which is an asset of the Company, shall be to provide a liquid asset of said Company which, in the event the City of Tamarac is awarded a judgment -20- against the Company because of default or breach of this Agree- ment by the Company, can be garnished, attached, levied or exe- cuted upon or disbursed by order of court as complete or partial payment from the Come:: y, as the case may be. The account shall be created aid increased until said account reaches a total balance of Thirty Thousand Dollars ($ 3.0, 000. 00), by the Company depositing in said account the sum of Five Hundred Dollars ($500.00) on the day following the 7th, 15th, 22nd, and 30th of each month (in the case of the mo-0.th of February, the dates shall be the 7th, 15th, 22nd and 28th) or as soon thereafter as said institution is open. It is the understanding of all parties that this account is an asset of the Company only and that the Company is entitled to any and all interest earned on said account; provided, however, no interest may be withdrawn until said account "reaches the Thirty Thousand Dollar ($30, 000. 00) balance. No funds shall be withdrawn or paid from said account without joint signatures of both Michael J. Padula and William F. Zamer, co -trustees. Moreover, said co -trustees shall not pay out and/or withdraw any funds. without the prior writ- ten consent of both parties. The passbook for said account shall be retained in the physical possession of Michael J. Padula, f co -trustee; provided, however, thatWilliam F. Zamer, co -trustee, may examine same at any reasonable time. -The parties hereto agree to execute the above required written consent to authorize the withdrawal and payment of the above identified account to the Company on April 1, 1971, in the event that the City of Tamarac has not filed a lawsuit against the Company prior to said April 1, 1971. In the event that the City of Tamarac files a lawsuit against the Company prior to April 1, 1971, the co -trustees are authorized and directed to re- tain said account until such time as said suit and resulting counter- -21- claims are concluded. Upon final conclusion, the co -trustees shall pay any resulting judgment in favor of the City of Tamarac and pay the balance of such fund remaining to the Company. In. the event that the Contract is terminated for any reason whatso- ever, the Company may serve written demand upon the City of Tamarac demanding the City of Tamarac execute its written con- sent for the withdrawal and payment of the funds in said account to the Company. Should the. City of Tamarac not file any suit against the company within thirty (30) days of the date of serving of said demand, the co -trustees are authorized and directed to immediately withdraw and pay the funds in said account directly to the Company. Should the City of Tamarac file a suit against the Company, the co -trustees shall retain said account until final disposition of said suit and any counterclaims filed therein, at which time said co -trustees shall pay any resulting judgment in favor of the City of Tamarac and pay the balance of such fund re- maining to the Company. 26. In the event of termination of this contract by either Party for any reason whatsoever, the City of Tamarac may ac- celLrate the balance of the Promissory Note identified above in Paragraph 23 on ten (10) days written notice to the company. The Parties agree to execute any supporting documents as required. The Parties agree that for the interim until the Report provided in Paragraph 9 is filed, payment to the company shall be based -su,: 033, iiiits. The Parties may adjust the paymenics based, upon said Report. -22 - 1 IN WITNESS WHEREOF, the parties hereto have hereunto set their respective hands and seals this day of. March, A. D. , 1970. Signed, sealed and delivered in the presence of: , .-A- to Association Officer As to President, Garden and Landscape, Inc. As to ecretary, Garden and ,La-tZdscape, Inc. Oc As to Mayor, City of Tamarac As t2rac� 'Clerk, City of T Assoczlron Officer (Corporate Seal) GARDEN A TD- LANDSCAPE, INC. pY�Oila (Corporate Seal) CITY OF TAMARAC By \J Mayor j X 1CG' - ATTEST: City Clerk -23- No Text TA";AR4C UTILITIES, INC INVENTORY OF HO w SITES, CITY OF TA:4�IRAC, LJEST Gc S. Tt, NO. 7 AS OF January 30 ,. 19 70 BLOCK �D : Y.arTti1 .. . {� C vSr r�Oti?,S NO.'S LOTS f� i bath j I z and 2 aad ! I)f S 2 bath 3' b ' 1 � atn VV.A v� 1 lands, Sec. & 2 �44-68 529 L 527 0 Sec. 3 70-78 199 • I 198 C �nlands, Sec. 4 79-92 316 312 4 nlar.ds, Sac. 5 93-106 265 115 101. orals I309 415 737 0 1152 101 +' } :.':sods, Sec. .6 107-130. 538 172 325 0' 497 41 llc.:ands, Sec, 7 131-139 225 53 137 4 190 35 ...lands , Sec. l-Ph. I 1-14 . • 172 : ` . 0 49 3 ! 52 15 a.::ar.ds, Sec.2-:h.1 15-20 87 0 18 3 21 9 ):.lands, Sec.1-:h.2 28-$O 13 0 2 p 2: 1 >dlaads, Seca 3 E/1-E/19 19 0 0 0 C 2 �GlanGS, Sec. 4• E/21-E/58 35 p 0 2 2 4 Pdlands, Sec. 5 24-269370 0 33 i 4 1 37• 59 40.41 125 glands, Sec,, 6 21-23,38, 39,42-44 150 0 16, 4 24 i 77 :,glands, Sec, 7 27,29-36 170 0 19 I 20 65 adlands, Sec. 8 45-49, 121 p 7 p 7 45 3ua-t0tals 1655 225 606 17 848 353 .r..a:.ds , Sec. 8. 140-153 324 83 181 0 1 - 264 ! 60 :.nla"ds , Sec. 9 154-166 279 13 31 0 44, :223 inl�nds, Sec. 10 '167-184 476 0 0 0 + ! 0 229 l S;:�-totals 1079 96 212 4 30^8 512 4;.d Totals West o� S.R. No.7 4,043 736 1555 17 2308 966 SCHEDULE G List of the sprinkler systems which are not in good working or operating condition and there fore not accepted by Garden & Landscape, Inc. i - 'AREA EAST OF STATE HD. % SECTION //l. 1. Sprinkles lines to shallow resulting in heads being to high for proper mowing of lawns.`l 2. No sprinklers operating; in the entrance way. Manual turn on valve purportedly buried under a driveway.%'' 3, Pressure on station limited to 15 pounds. Xk .4. No continuity of installation, no maps of lines for i the system.'° 5. Draft line has s trainer but is not floated. 6. Large number of heads and nipples missing. Section #2. 1. Pump in -operable, has been this way for 4 weeks, s confirmed by area residents. 2. Draft line has strainer and is floated, the float is sinking. 3. When this pump is operating; there is no water .supply to the entrance area. The homeowners have been watering; by hand. HISTORY: In 1968 the mainline from the pump was exposed by erosion. The main line developed several severe cracks..Preasure checks showed only 10 pounds pressure ,available at that time. - We are unable to determine if repairs have been made !^ because the'pump is in -operable. { • - ,rrlu lui l/lll/I /// Ill l/l/ VIVVd/R'i I SOUTH SECTION (Two Pumps) Pump #1 Formerly located behind 4806 N. W. 27 Terrace has been removed to south side of lake bank. Pump is not hooked up electricaly and is in -operable at this time. 1. We question the condition of the valves on this system as it has not been operable since October 1969. ') 2. Draft line has been installed but has not been floated. i Note: Area Served by this pump is indicated on map attached and marked exhibit //l. r Pump //2 Located on the Nine Hole Golf_ Course: �1 !}: 1. Wires from the station are exposed and weather worn. I The condition,of the wiring presents a safety hazard. r, , (See photo attached and marked exhibit %2.) 2. One station is not hooked up. .harked as a free station on,the clock but this is not true. Homes on this station . have not had water in six (6) weeks. 3. Pump station is not water pro6f and damage to clocks is inevatable. 1 4. Station %ill, 3008 N. W. 46 St., has pressure reading � ! of 15 lbs. APARTMENT AREA: (2 Pumps) i � 1. Draft lines on both pumps should be floated. 2. Lines should be cleaned out and heads adjusted. 3. Across entrance area, both north and south, the last lines should have pop-up heads installed so i that grass area to road receives water. s LITTLE SIBERIA (2 clocks serves both Siberia and North) i 1. Clock serving Siberia •set'.but not dependable. ; 2. Large accumulation of water at corner of home located 5004 N. W. 25 Avenue, possible inain line break at this location. Could be under the road. ; 3. System needs cleaning, flushing of lines, -and heads should be adjusted. , • t i j NORTH SECTION (served by two 2 pumps) Number two (2) clock ,located in Little Siberia pump house: Serves North Section 1. Station 11 pressure check shows 10 lbs. 2. Station 1 pressure check shows 8 lbs. 3. Condition of Pump is as follows: A. Seals leaking very badly B. Pump is under strain trying; to carry both sections. c. Valve wires leading fron clock to valve are exposed to weather and deterioated. D. Draft line and main feed lines exposed to weather and have been damaged by mowing equipment. E. Draft line floated with five (5).gal. drum which is slowly sinking. NORTH SECTION PUMP NUM73ER 2 Located at rear of 5507 N.W. 28 Avenue. 1. Eleven (11) station clock which is in -operable �A'a Tp due to removal of parts. ( see exhibit 113) 2. Pump in -operable outside meter, electricity, not running. All fuses pulled from boxes. 3. Las t time this station operated was seven(,7) weeks ago and this was done by switching; clocks from Siberia. BOULAVARD SECTION: 1. Pump has been shut off,foi� repair of. main line break, 2403 N. W. 54 Street, :»..�.: 2. C]-ocks should be checked. The wiring is extremely bad. ,Clocks have been abused. 3. Median strips havenAt`had water for two, weeks. s Ali EA ''4E ST. OF STATE 1 D „=7 MAIF11: Jfl)S ENTRY 1ICE :'vTAY : 1. Clacks unprotected from mother and out of service" 2. Severe leak in the -line to pump. (See exhibit it4) 3. Cloaks unprotected from public. SECTION 1 °c. 2: 1. 1�901 N. ;1. 42 Avenue hnsn°t had water since last Sept., valve still isn't hooked up. 2. 4901 N. `"T. 43 Terr., hasn't had water since Christmas. gyp; 3. 4407 Mainland Drive, residents can't remember last time water wa,p on • �f 4. 14,800 N. `S. 46;'Terr. Tamarac Nursery regraded lawn and sodded. In the process ;ruin feeds were cut and capped and never repaired. Hasn't had water for four (4) months. 5. Clocks inoperable being; turned on by homeowners. 6.. Valves are ,sticking on regular basis causing flooding particularly in blocks 50 and. 51. 7. I ,mire system in section 1 and 2 unacceptable in { present operating condition. , Section 3` 1. Pump inoperable at time of survey so system could not be checked. 4 2. See exhibit #5, we checked to see if these repairs were made and found they had not been completed. , i • i 1 \ 4 Section'#4: 1. Exhibit.#6, items checked and it was determined that repairs were not made. Section Pump station: 1. Pump is leaking around shaft 2. Poly pipe joints leaking. 3. valves inoperative ; 4. inch copper tubing leaks. $. ,1/4 Section 6. 1. Pump inoperable unable to check system. 2. Much of this area is not on clocks or clocks are non existant`or u.n locatable and inoperative. 3. Some valves hooked up some not hooked up. v ; Section' #7 y I.- Block- 132, pipes not buried. 2. Pydrolic lines above ground and valves open. 3. Heads either too high or too low. 4; Clock is on electricity, but not set. 5. Block 135 not on electricity.. 6. Hydrolic lines exposed i 70 Block 133 pipe not, buried, valve covers put in 5 inches above ground level thus creating mowing problem. 8. Main,jine°.from street-1/2 inch below ground. 9. leverage "pressure per head 8 pounds. 10. See Exhibits 7,8,9,10,11. r ' Section $ 1. City has accepted a large portion of the system in this area, see exhibits 12 & 13, we can not accept because valves do not work and clocks are not hooked y�.tiLv7cs:i up. See our exhibit 14 through 28. Section ,49 1. To our knowledge the city has not -accepted any of the sprinkler system in the area and it is not near ready for acceptance by the city. de'are cutting in the area, see exhibit 29,30,31,32. a' ,r Woodlands: 1. All clocks are having to be operated manually. ,a 2. All systems are having to be operated manually. 3. Some systems converted from manual to clock do not I work. General Problem: 1. Clocks and controls are not adequately protected from weather and homeowners. In. some cases this might very � well result in accidental electrocution of a homeowner. 2. No maps are being supplied of main line installations, l clock and valve locations. 3. We are not being advised when city accepts sprinkler installation so that we may also inspect for acceptance. t 1 I \ i 5200 ROCK ISLAND ROAD TAMARAC, FLORIDA. -� P. O. BOX 8511, FORT LAUDERDALE, FLORIDA 33310 TELEPHONE (305) 5 8 4 - 9 9 0 0 WILLIAM L. BLAND CITY ADMINISTRATOR\' i I MEMO TO: Gary Gabrus ' FROM: Bill Cabral DATE: : January 22, 1970 SUBJECT: regarding Inspections As Per our Conversation. Upon my inspections of these areas listed below, I have found these major difficulties which I feel should be corrected be- R` fore the City will begin to take responsibility in this Section., a (1) Section #3 Clubhouse needs Intermatic clock and electricity on the West side. (2) Section ##4 Clubhouse needs Intermatic clock and electricity wiring on the East side. , (3) Section ##4 Pump needs new wiring electric starter is bad. (Westinghouse) Lightning arrestors. (4) A -Clock needs electricity at 4606 NW 45 Ct. . (5) A controller and electricity is needed at - 4605 RTw 46 Street. BILL CABRAL - SUPERVISOR JIM 'i�TUURI` ..,NS - SUPERINTNEDENT a w a � I i •� ,�`n 5200 ROCK ISLAND ROAD TAMARAC, FLORIDA P. 0. BOX 8511, FORT LAUDERDALE, FLORIDA 33310 TELEPHONE (305) 584-9900 WILLIAM L, BLANDI CITY ADMINISTRATOR i MEMO: ON STATUS ON SECTION #4 SPRINKLER SYSTEMS. DATE: January 21, 1970• 1.: 4305 NW 46 Street Controller•inoperative. 2, 4612 NW 44 Street Controller inoperative., ' 3. 4706 NW 47 Terrace Station#1 inoperative; Bad valve. 1` 4. 4710 NG1 48 Avenue Stationt5-6 inBad va.ve.operative; Y..� - 5. 4803 NW 48 Avenue Statior_#2-5 inoperative; Bad valve. ; Clock not keeping time. ( Clock motor burnt.) r 6. 4636 NW 45 Court okay. 7. 4635 Nw 45 Court Fuse blown in Clock. 8. 4405 NW 45 Court Fuse missing from Clock. 9. 4707 NW 44 Street Block gated off. No water in a month. 10. 4637 NW 44 Street Block gated off. No water in a moth. No fuse in clock & time dial st:tci.s. 11. 4705 NW 44 Court Controller inoperative. Power wires un-hookedC clock turned off.. PUMP 1. Wiring _bad. j 2. Pump leaks. 3, Pipe leaks. GOLF COURSE i Six inch main on golf course ( hurricane.). i CLUBHOUSE t Clubhouse need internatic clock and power. I BC/JMS I � � i 1 i + 'e No Text Aft r �r ray �r 5000 ROCK ISLAND ROAD MAILING ADDRESS: - FORT LAUDERDALE, FLORIDA 33313 P. O. Box 8511 TELEPHONE 5G4•9900 Fort Lauderdale, Ft&lda 33310 .O; BEIMING CORPORATIO:: FtiO14 CITY OF TAMAMC , D1,TL. wancli 6, '570 n SiTBJECTs: ACCEPTANCE Or S n,..lf.... , AT Ti•W ,..ki.ti�Mw SLCT.�OIr 8 A"0 T lU 'lJO OD; f#'%TD Upon :ay a final irispootion::of-tho prix�xlar cystar,.s in tho bolow mentioned ` lots raid b2ooks. on 'Amaro)r 6, 1970- I foia:4 th t the Systcoms ret'IG'y for Of:i4ia1 acco�)ta:loo by tI^.m nonco£orth, all mAintona•noo`w ll be Char ros2onSibility of tho City of 'Ian, arao , r • � �.:.....•.o � �i'��./'Zr�i LET PLOCR ., 45 • e. CITY C12,1= AD:.al:v'ISTRATOR 144 7O 11'0 22 — 60 S 7 �RVI SOR �J00DL11, ..3 y� • 'D ; Fi ' SP RI 2TiCZ':k �• i ",-- /4z�j �,- UflA • U A��A�IIV �• iILj DL\v�ul�A .l'i- 1k:,J N XG C0R?0MT?0.; a SPEED MESSAGE TO '%t. °i.� 1(tJt 1 i C�.��rr�i �t tren%___ Fj'�p/Nttt!2 __Cif l Tmtaly7c -- t 4' U& 1_ ect4ua-( f(L ['lt' 7071(7,A tC tal,ee lJOA)Icla SUBJECT —��9, _;(Aee? t bl ntPc irzn, d flu a_u erg Lzarzce. uarl, in r ` 7zL)vltC1lj —_-- — - DATE a� Poly e:F r.,e ;% tin_ tr r m tin a f fPn f i nii fjt , a/Le eju feabl-nr'/tnnt a iieye/Le ItLG��%[ I�JtLCL� liP.fl.Ct.e7 � (.r tlLlil CYJLtaL Lt>tL �'!r/7.L% C'S�`{S7___^_ uiLclier Aoa veIAL14 ucJ,)n,-)_e13 ate LaLui.tla h.) irvmerltn.f��_ttr��' ���P �`f ecogole. n the r?LIU��?�IL_r1[ LZ��dL%l sdaatz(.'nl-r) 1��vC' hP I/1PP�1 %fit.:' CU11�__:'12LL_ 1A IJA2 alto sxll{d� a(1vi,4P t�rnu irz L4 11 March 23,, 1WO To From Mr Theodore Hertrich, Councilman James A. Irving, Civic Chairman City of Tamarac South Section Report:on sprinkler System a Sprinklers Have been.out of service since latest flooding on October 1969. Pump had been flooded three times previously resulting in no sprinkler service to approximately 160 homes for periods of several months at ao time. Removal of pumphouse to the south side of lake was started in November,1969 (5) months =' ago. Pumphouse was completed in late December,1969. Trenches were dug and wires and pipes were laid from old location to new location: This trench was filled in and I was told then by Mr. Bland,that pump would be in service in about a week. .' Electrical hook up was to be made at -pole behind pumphouse. For some reason the fact_ r*" that there was no transformer on this pole: had been overlooked. To install a transformer and power lead would involve a cost between 3000 and UOOO. Decision was made to. go back to origional source of power,at pole on west side of lake. This involved the digging of anew trench to bury the electrical Wires. this was done on February'-61979,after much pressure on Mr Bland. Again it was stated by Yr Bland that: sprinklers would be in operation ins few days:_-- Two wires were laid but three were required. Mr•Bland explained that the third wire had been lost in shipment. Three weeks later this third wire was laid. February 27. On March 11 Mir Bland stated,in presence of the Vice Mayor, Mr Koehne,that a hook up to the power source would be made the next day March 12. To this date March 23 this promised hook up has not been made. On March 19 I personally contacted Florida Power & Light Co. I was;informed that a request for service had been made by the City of Tamarac , kx= I asked if service had been requested by Yr Bland . The, answer was No. ---------------------------- -------------------- This report is, to me, evidence of gross inefficiency, and must be corrected, without e i t further delay. Y I also. call to your attention the fact that residents have been fbreed to sprinkle by hand, in order to maintain their lawns.; This water is purchased from Fort La.uderdale,and is an added charge against city funds. This extra cost will continue until'. these sprinklers are,in operation. This sprinkling service is being paid for by the residents Prompt action is necessary, )fours reSPffCtf=Y James Irving (2), 5200 ROCK ISLk.ND ROAD, TAMARAC, FLORIDA 33313 DELIVERY 115 roh 1970 . DEPT./ Dt V. r ., DATE -- SHIP TO I onmeth. Bohrino TO SHIP TO ABOVE UNLESS OTHERWISE INDICATED HERE - PLEASE SHIP THE FOLLOWING MERCHANDISE SUBJECT TO CONDITIONS PRINTED ON THIS ORDER: SHIP. VIA F.O.B. TERMS DELIVERY REQUIRED JOB OR RED. NO. QU ANT iTy O G5.0 RIP T.1 ON PRIS6 '.� UNIT, I .AMOUNT I Changing of IN.Atcr limp and L te:r Linos on the Scutr>. Section Sprinkler PLnip ^ C�C4 G4Ci 8 ' W 1I� UNLESS OTHERWISE-: STATED ALL PRIC(ZS R.O.U. TAMARAC, FLORIOA - M l� �,00O.0O t STATE SALES TAX EXEMPTION CERTIFICATE NO. 04-00820-00•IG CQNDITIONS---PROMPT ACKNOWLEOGMl�NT AND, DEFINITE SHIPPING DATE REQUIRED. CITY OF TAMARAC I .SHIP BY CHEAPEST CONVEYQN UNLESS OTHERWISE SPEC.IFICD. IF EXCISE TAX IS INCLUDED IN THE PRICE OF ANY 13Y •AUTH. R¢P �.. ' OF, THE ITEMS ON THIS ONDER, I'A IB HEQUEUTLO THAT; AMOUNT OF TAX Ill: SHOWN ON YOUR INVol"' NOTE''' —"'IMMEDIATELY UPON SHIPMENT INVOICE IN q,4PLICAT1 j THE CITY RC5k:HVES THE RIGHT TO -WITHHOLD PAYMEHT SHOWING OUR OROLR NUMBER AND OEPARTMENT f OF INVOICES UNTIL MENCIIANOISE HAS BEEN RECEIVED ' ACCFPTE.O AIM DUES NUT WAIVE THE Ri-GHT 'fO UE- ,/A S,d.r"+fir t' R+Nrnu TPPf ICAIII4I - ,. SCHEDULE F1 Section 1 CLUBHOUSE Total Front... .... 10,000 Partial Side...... 5,000 Partial Rear...... 5,000 ENTRANCE & iMEDIAN....7,500 N W 16 AVE. NW 17 TERR. NW 17 AVE. 4513...P �N�W'45Cour_t 1604 .P ..P ...P 4569...P 1612...P 456o... P 4565...P 4568...P 1618...P 4571...P 4561...P 4564...P 1714...P 4560...T Front 4559••.T Front NW 16 WAY NW 16 TERR. 4556... P 4555 ... P 4578.:. P 4555...P 456o... P 4575...P 4559...P 4576...P 4561...P 4570...P 4564...P 4568...P 4563...P 4566...P 4565...P 4562...T 4572...P 4556...P 4574...P 4576...P 4575...P 34 PARTIALS PAGE 1 3 TOTALS Section 2 ENTRANCE .... 7,500 NW 46 S t . NW 1 AVE. NW_ �19 WWaay NW 19 TERR. 1917...P 579...P 4577...P 1915...P O.Ko 4579...P 1907...P BEST SECTION YET Page 2 6 PARTIAL APARTMENTS NW 52 STREET & PROSPECT ROAD Total Replacement whole area ... Front & Back ... 35►000 sq. ft. BOULEVARDS SECTION Clubhouse... Very bad condition all areas...30,000 sq. ft. NW 53 St. Median Strip NW 23 Ave. 2701...P NW 55 Street 5410...P 2705...P NW 25 Avenue 5304...P 2707...P 3,000 sq. ft. 53o6... P 2711...P 2713...P NW 26 Road NW 26 Terr. 0. K. 0. K. NW 26 Way NW 25 Ave. 5404...P Median...3,500 sq, ft. NW 54 S t . Median Strip...5000 sq. ft. NW 28 Ave. NW 27 Terr. 5301...P 5405...P 53o3...P 5305...P NW 27 Ave. 5403...T 5405...P 54o4...P NW 55 St. NW 54 St. 2723...P 2718.9.T 2718...P 2716...P 2704...P 2714...P 2702...P 2710...P 2700...P 2708...P 2616...P 2703...P 2614...P 2706...P 2612...P 2700...P 2610...P 2618...P 2602...P 2604...P 2404...P 26o6... P 2402...P 2600...T 2400...P 2512..T 2310...P 2510...P 2308...P 2508...P 23o6... P 25o6...P 2304...P 25o4... P 2303...T 2502...P 2300...P 2500...P 2305...P 25o4... P 2513...P 2500...P 2605...P 23o6... P 2607...P 2304...T 2609.00P 2302...P 2619...P 2309...P 2621...P 2311...P 2627... P 2505...T 2705...P 2603...P 2713...P 2607...P 2715...P 2703...P 2719...T 2707...P 2711...P Pages 3 & 4 NW 27 Way 0. K. NW 50 St. 2713...T 2709...P 2707...P 2705...P 2701...P 2625... P 2605... P 2603...T 2601...P 2513...P 2509...P 2405...P 2403...P 2401...P 2313...P 2305...P 2303...P 87 PARTIALS 10 TOTALS NW 24 Ave. 0. K. NW 25 Terr. 0. K. NW 25 Ave. 5402...P NW 26 Ave. Median...5,000 sq ft NW 27 Ave. Median...1,500 sq ft. END BOULEVARDS SECTION NW• 30 .Terr. 4601... T 4602...P 4603...P 46o4... P 46o 6... P 4608...P 4611...P 4700...P 4702...P 4703...P 4705...P 4708...P 4709...P Clubhouse Rear...5,000 Shuffleboard 10,000 NW 27 Way 4904...T 4902...T 49oo... P 49ol...P 4808...P 48o9...P 4806...P 4807...T 48o4... P 4802...T 4800...T 4801...T NW 48 St. 2812...P 2816...T 2900...P 2902...P 2904...P 2906... P 2908...P 2910...P 2912...P 2916...T 2918...P 2920...P 2925... P 2924...P 2931...P 2933•••P 2930...P 2932...P 2926...T 2939•..P 301o...P 3012...P 2600...T 25o4... P 2502...P 26o6... P 2505...P Pages 5 & 6 9 SOUTH SECTION 0 3/15/70 INW 46 St. NW 28 Ave. NW 27 Terr. 014. . P` 3011...P 4800...P 48ol...T 3010...P 48o4...P 4803...T 3009...P 4807...P 4805...P 3005...T 4806...P 4807...T 30o4... P 49ol... P 48o6... P 3003...P 4goo... P 4gol... T 2937•••P 4900...P 2935•••P NW 49 St. 4902...P 2933...T 4go4...P 2932...P 2614...P 2929...P 2610...P NW 29 Terr. 2928...P 2923...P NW 26 Way 4600... P 2921...P 4602...P 2919...P 4907...T 46o4...P 2926...P 49o4...P 4605...P sq ft 2917...P 4905...P 4607...P area... 4903...T 4610...P 4go1... T 47o6... P 4goo...T NW 27 Ave. NW 26 Terr. NW 26 Ave. 49o4...P — — 4902.00P 4907...T 4805...P 4903...P 4905...T 48o9...P 4901...P 4903...P 4901...P 49oo...P 49ol...P 49oo...P 4808...P NW 49 Court 4809...P NW 50 St. 4807...P 2505...P 4805...P 2500...P 2605...P 4802...P 2502...P 2501...P 4800...P 2504...P 4goo...P 25o6... P 2602...P NW 25 Terr. NW 48 St. 2604...P 48ol... T 28o8...T 4803...P 2806...T 48o4...P 2804...T 4807...P 2800...T 480g...T 2718...T 49oo...T 2708...T 4902...T 27o6... P 2704...P NW 49 St. 27o6...P 2710...P 2614...P 2802...P 2612...P 2810...P 261o...P 280g...P 128 PARTIALS 33 TOTALS NORTH SECTION 46 Clubhouse ... Gene -rally good ... Needs verticutting in some areas. Small areas around building and pool and bad dead area on 26 Terrace....5,000 sq. ft. NW 51 Place 2612...P 2611...P 2613...P 2615...P 2619...P 2616...P 2618...P 2622...P 2614...P 2629...P 2711...P 2710...P 2715...P 2712...P 2714...P 2716...P 2801...T 2802... P 2803...T 2804...P 2805...T 2717...P NW 52 St. 2719...P 2714...P 2707...P 27o4... P 2702...P 2703...T 2700...P Pages 7 & 8 NW 26 Ave. 5001...P 5003...P 5005... P NW 28 Ave. 5115...P 5201...P 5203...P 5205...P 5201...P 5213...T 5217...P NW 26 Terr. 0. K. NW 52 Place 2701...P 2700...P 2703...T 2702...P 27o4... P 2709...P 2711...T 2713...P 2712...P 2719...P 72 PARTIALS 15 TOTALS Nw 53 St. 2714...P 2710...P 2708...P 2706...P 2704...P 2702...P 2516... P 2514...P 2512...T 2510...T 2508...T 2506... P 25o4...T NW 27 Ave€ 5212...P 5214...P 5216...P 5218...P 52o6... P 5204...T 5202...T Little Siberia... North NW 25 Ave. 50o4... P 5000...P Median Strip...2,000 sq ft, This section pretty good condition. Page NW 51 St. 25o9...P 25o4... P 2503...P 2401...P 24o3...P 2405...P 2407...P 13 PARTIALS NW 52 Court 2805... P 2806...P 2808...P 2810...P 2811...P 2813...T 2816...P 2817...P 2818...P 2819...T 2822...P 2821...P 2823...P 2825...P 2828...P 2826...P 2824...P 2819...Canal Bank in bad repair. Needs attention NW 52 Court 2628... P 2714...P 2710...P 2634...P Nw 50 St. 2503...P WEST OF STATE ROAD #7 Mainlands Entrancewa P....500 sq ft. Mainlands Section 1 & 2 NW 41 Aver,. NW 47 St. NW 47 St. Mainlands Drive 4804.66P 41o4... P -`4106... P 480o... P 4800...P * 41o6...P -A4110... P 48o6... P 4710...P 4lo8...P 4107...P 4518...P 47o6... P * 4110...P 4700...P 4200...P NW 47 Court NW 42 Ave. 4202...P NW 43 Ave. 4201...P 4200...P 49og...P 42o6...P 4204...P 4700...P 4210...P 4208...P 4212...P 4513...P NW 47 Ave. 4209...P 4405...P 4203...P 4313... Homeowner smothered with sand 4805...P 4407.4.P 4217... 4713...P 44ol...P 41o9... P NW 42 Terr. 4711...P 4311...P 4500...P 43o4...P 45o4... P 4goo... P NW 49 Drive 4406...P 4510...P Clubhouse Areas...30,000 sq. ft, 410g... P 4201...P NW 42 Way NW 44 Ave. NW 44 Terr. 4223...P 4301...P 4goo... P 4908...P 4806...P 4305...P 49o4... P 48og... P 4307...P NW 45 Terr. 4811...P 4309...P NW 48 Court 4311...P 4902...P NW 47 Ave. 4313...P 4509...P 4906...P 4505...P 4511...P 4513...P 4515...P 4516...P NW 48 St. NW 43 Ave. NW 47 Court NW 43 Terr. 4604...P 4909...P 4617...P 4904...P 4go0...P NW 45 Ave. Highland Dr. NW 49 St. Mainlands Blvd. 49o8...P 4603...P 4605...P 4405...P 46o8... P 4603...P 44og... P 46ol... P 4507.00P 84 PARTIALS 4515...P 4709...P 42,000 4509...P 30,000 Pages 10, 11 & part of 12 72,000 Mainlands Section #3 NW 46 St. • NW 44 St. • NW 46 St. NW 44 Ave. 4511...P 44o6... P 4411...T 4407...P 44o6...P NW 45 Ave. NW 44 Terr. • NW 45 Court • 4401...P 4405...P 44ol... P 4405...P 4403...P 4605...P NW 43 Terra NW 43 Terr., NW 46 Terr. ' 4407...P 4512,..P 4223...P Clubhouse ... 40,000 sq ft 4405...P 4509...P 4501... P 4603...P 4602...P 17 PARTIALS 8,500 40 000 8,500 Page 12 Mainlands Section 4 • ClVbhouse...Approx. 50,000 sq ft. Monterey Drive. NW 48 Ave. NW 47 Terr. 4515 47o4 4913 4521 4721 4700 4525 4723 46ol 4720 4909 4911 4913 4915 4930 Mainlands Section NWO Ct. NW 54 Ct. NW 55 St. 8�0 � 4806 4915 4937 4808 4 917 4810 4913 NW 52 St. 4812 4923 4814 4920 4923 4816 4929 4925 NW 53 St. NwJ2 Ct. NW 50 Ave. 4945 4927 5407 4910 4912 5405 4912 4910 4921 4906 NW 51 Ave. 4917 NW 47 'Err. 4919 4805 5103 4700 5003 4817 Pages 13 & 14 NW 55 Ct. 4937 NW 4 Wa 5402 NW 51 St. 5fl07 5009 5011 NW 50 Ct. NW 46 Terr. 4523 Nw 47 Terr. 4523 5013 4914 Nw 55 St. 5011 5406 NW 49 Ave. 5009 4925 NW 47 Terr. 5003 4623 Nw 44 ct. 4518 NW 43 Terr. Mainlands Section 6 City has not accepted area so will with -hold acceptance of Garden & Landscape, Inc. of area until mutual acceptance Is made.,Grass inferior quality. Mainlands Section 7 Grass and workmanship inferior quality. Full of weeds. Mainlands Section 8 Grass inferior quality. Workmanship of installation poor. Could not run complete survey as maps provided March 13, 1970. Mainlands Section 9 Grass slightly improved. Workmanship;installation inferior. Maps provided March 16, 1970. Woodlands Must withold right of rejection as Maps supplied March 17, 1970. Page 1 Flory. and trees which are diseased, dead or dying for which Garden & Landscape, Inc. accepts no responsibility. EAST OF STATE RD #7 Section #1 All trees and shrubs in entranceway and median strip dying due to lack of adequate watering facilities. South Section Clubhouse area:l Sabal palm N.E. corner of bldg. 1 Sabal by pool area. 1 Rubelina palm pool area. 1 Areca palm pool area. 1 Sabal palm parking lot area. Reason for non -acceptance... nutritional deficiency. North Section Clubhouse areas 1 Ficus Nida...bark worms. Boulevards Median Strips: 10 Sabal palms ...nutritional deficiency. Cllubhouse Area: 2 Ficus Nida... bark worms and thripe. Mainlands WEST OF STATE RD #7 Entrance... Fountain Areas All Carissa boxwood... nutritional All Pitasporum... nutritional 2... Melaluca trees ... dead Median Strip... Commercial Blvd. & 441 6 Royal palms..1 dead..all the rest have severe nutritional deficiency 10 Pitasporium All Ixoria Cacenna 1 Black olive Mainlands drive median strip: 1 Black olive:... nutritional 54 Queen palms... nutritional (See attached exhibit no. 1) Mainlands clubhouse Section 1 & 2 2 Coconut palms...nutritional 3 Areca palms...chlorine problem 3 Sabal palms...nutritional 1 Podacarpus... Mainlands Section 3 Clubhouse Sabal palms...2 dead ... 2 diseased 2 Coconut palms 6 Hibiscus... hand grenade scale Mainlands Section 4 Clubhouse double annanedia palms... chlorine 2 Sabal palms 2 Taba bens Palada Mainlands Section 5 Clubhouse 1 Coconut palm 1 entire hedge Lagustrum 7 Hibiscus bushes Mainlands Section 6 Clubhouse Ananedia palms...pool area 1 Croton...dead 10 Ixora...pool area 2 Sabal palms 2 Super King Ixoria 4 Coconut palms 1 Rubelina palm Pages 16, 17 & 18 ..Sections 7, 8, 9 & Woodlands... All recent plantings and are probably still under,:guarantee to developer by landscaper making installation. We should wait and with -hold acceptance or rejection until Flora and trees are established. Ruel A. Galbreath, Jr. President Page 19