HomeMy WebLinkAboutCity of Tamarac Resolution R-76-099Proposed by:
Introduced by:
Temp. #566
CITY OF TAMARAC, FLORIDA
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE MAYOR
AND THE CITY MANAGER TO EXECUTE AN
AGREEMENT WITH LEADERSHIP HOUSING,
INC., ON BEHALF OF THE CITY OF
TAMARAC.
WHEREAS, Leadership Housing, Inc., has offered
to dedicate to the City of Tamarac, certain roads, drainage
facilities, and canal systems located within the city
limits of the City of Tamarac, and
WHEREAS, the City Council is desirous of accepting
the offer of Leadership Housing, Inc. dedicating the rights -
of -way, easements and improvements of said roads, drainage
facilities and canal systems, and
WHEREAS, the City Council has determined that
certain repairs and maintenance are necessary as a condition
precedent to said acceptance, and
WHEREAS, Leadership Housing, Inc. has offered to
the City in lieu of making said repairs and maintenance, a
sum of money approximately equal to the cost of the anticipated
repair and maintenance of said roads, drainage facilities
and canals, and
WHEREAS, the City of Tamarac and Leadership Housing,
Inc. have negotiated an agreement setting forth the terms and
conditions, together with the rights and obligations of the City
of Tamarac and Leadership Housing, Inc., as a conditon of
acceptance of said roads, drainage facilities and canals by
the City of Tamarac, and
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WHEREAS, the Council has received a copy of such
agreement, and is desirous of approving same and authorizing
the Mayor and City Manager to execute the agreement on
behalf of the City of Tamarac.
NOW, THEREFORE,
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
TAMARAC, FLORIDA:
SECTION l: That the agreement between the
City of Tamarac and Leadership Housing, Inc., which is
attached hereto and made a part hereof by reference, is
hereby approved.
SECTION 2: That the Mayor and City Manager are
hereby authorized to execute such agreement for and on
behalf of the City of Tamarac.
PASSED, ADOPTED AND APPROVED this
ATTEST:
110 Mum
N
_ _ f . /�`
I HEREBY CERTIFY that I
have approved the form and correctenss
of this RESOLUTION
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AGREEMENT
THIS AGREEMENT made and entered into this t
day of 1976, between LEADERSEUP HOUSING,
INC., a Delaware corporation, (hereinafter called "LEADERSHIP"),
and the CITY OF TAMAR AC, a municipal subdivision of the State
of Florida, (hereinafter called "CITY").
W I T N E S S E T H:
WHEREAS, LEADERSHIP or its predecessors in title
have constructed or caused to be constructed various roads, storm
drainage facilities and canal systems upon the lands described upon
Exhibit "A" annexed hereto (hereinafter called "the lands") which
roads, storm drainage facilities and canal systems are described
upon Exhibit "B" consisting of three (3) maps annexed hereto; and
WHEREAS LEADERSHIP has dedicated all of said roads,
drainage facilities and canal systems and desires that the CITY accept
the dedication thereof, and after said acceptance, maintain the same; and
WHEREAS, the City has refused to accept the dedication
of said roads, drainage facilities and canal systems until said roads,
drainage facilities and canal systems have been placed in a condition
acceptable to the CITY: and
WHEREAS, in lieu of performing additional work, other
than that specifically required hereunder the CITY and LEADERSHIP have
agreed that LEADERSHIP shall pay to the CITY a sum of money herein-
after set forth, which the parties agree is appro_�:imately equal to the cost
of the additional work which might otherwise be required by Leadership.
F_�
NOW, THEREFORE, in consideration of the sum of TEN
($10.00) DOLLARS and other good and valuable consideration for
which receipt is hereby acknowledged, the parties agree as follows:
1. LEADERSHIP agrees to pay to the CITY at the time
of execution of this Agreement the sum of $41,300.00, and to
purchase for and convey title to the City of Tamarac one (1) ton
truck in accordance with the specifications of the City of Tamarac.
2. In consideration of the payment of said sum, the
CITY does hereby accept the dedication of all roads and drainage
facilities constructed upon the lands described upon Exhibit "A"
annexed hereto and of all canals which have been previously dedicated
lying east of N.W. 64th Ave. which roads, drainage facilities and
canals are within the lands described upon Exhibit "A" hereto and
are shown upon Exhibit"B" hereto, and the CITY hereby assumes the
obligations of maintenance and repair of said roads, drainage
facilities and canal systems excepting only those items of "major
repair" which are more particularly described and defined upon
Exhibit "C" annexed hereto.
3. The parties further agree that inasmuch as
LEADERSHIP shall upon this acceptance no longer be obligated to
maintain said roads, drainage facilities and canal systems,
LEADERSHIP shall not be required to post a maintenance or repair
bond with the.CITY with respect to the roads, the drainage
facilities or the canal systems presently existing upon the lands.
4. Despite the CITY's acceptance of the roads, drainage
facilities and canal systems, LEADERSHIP shall still be obligated to
complete the items of "major repair" as described in Exhibit "C" and
the CITY" shall accept such items of major repair as provided hereon
on an area by area basis as the areas are designated in Exhibit "A"
and to release LEADERSHIP's obligation for said repairs in writing
for those areas properly completed.
5,. The CITY will, within one year from the date of delivery
of the principal items of equipment to be purchased by CITY with the
funds provided in paragraph 1 above, furnish to LEADERSHIP, on an
area by area basis, a list of each item of major drainage repair
(consisting of items 1, 2, 3, 4, or 6 as shown on Exhibit "C") required to
be made by LEADERSHIP in order to bring those improvements up to
minin-t m acceptable standards. The CITY shall have an additional sixty
(60) days from the completion by LEADERSHIP of the drainage repairs
(Items 1, .2, 3, 4 or 6, Exhibit "C") should such repairs be completed by
LEADERSHIP after 10 months from the beginning of one year time
period referred to above to furnish LEADERSHIP a list of the major
road repairs to be made by LEADERSHIP pursuant to Item 5 of Exhibit
"C". The time for the City to inspect and furnish Leadership with
reports based upon its inspections as required hereunder shall be extended
by any delay in inspections caused by force majeure. The items of repair
ti.,hich are submitted by the CITY to LEADERSHIP shall constitute the total
repairs which may be submitted by the CITY pursuant to the terms hereof
and such lists may not be supplemented or modified by the CITY after
delivery to LEADERSHIP. The items of repair enumerate:] on any list
furnished to LEADERSHIP by CITY pursuant to this Agreement shall be
limtted to those repairs set forth in Exhibit "C"; and the total obligation of
LEADERSHIP for repairs shall be limited to those properly set forth on the
lists furnished LEADERSHIP. All repairs required hereunder shall be
completed by LEADERS-IIP during the said one-year time period referred to
above, or within 6 months from the furnishing of such list supplied LEADER-
SHIP by the CITY, whichever date is later, which time shall be extended
if the repairs are delayed by force majeure. Any work performed by
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LEADERSHIP pursuant to this agreement shall be conclusively deemed
to be acceptable -to CITY if within thirty (30) days subsequent to
written notification to the CITY, of its completion, the CITY has
not objected thereto by written notice delivered to LEADERSHIP
expressing with specificity the CITY's objection thereto.
6. In the event LEADERSHIP disagrees t:ith any item con-
tained upon the list of repairs furnished by the CITY, the question
of whether such item may properly be requested of LEADERSHIP pursuant
to the terms of Exhibit "C" shall be submitted to arbitration in
accordance with the Florida Arbitration Code by a Board of three
arbitrators, each of whom shall be a civil engineer registered and
licensed in the State of Florida. One such arbitrator shall be
selected by LEADERSHIP, one by the CITY and the third by the two
arbitrators first selected.
7. Notwithstanding anything contained within the Agreement,
Leadership Housing, Inc. acknowledges that there exists a culvert
crossing under N.W. 50th Avenue, in the vicinity of Lots 1 and 2,
Block 107, Mainlands of Tamarac, Section 6A, Plat Book 67, Page 3,
which appears to require some type of remedial work to both the
culvert crossing and the roadway in the immediate vicinity of said
culvert crossing. Leadership Housing, Inc. further agrees that this
particular culvert crossing will be considered for remedial work, along
with the work presently planned for the perimeter ditches in the
Sabal Palm Golf Course adjacent to Mainlands 6 and 7. LEADERSHIP
will perform that remedial work necessary on said roadway and
culvert crossing to cause it to function properly.
IN WITNESS WHEREOF, the parties have caused these
presents to be executed the day and year first above written.
WITNESSES:
LE
a
:0
WITNESSES:
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CITY OF TAMARAC, a unicipal
subdiWision of the Mate of Florida
By
yor
t e 41,
By %-
ity Manager �r Date
Attest:
lty Cler
Date
Approved as to form:
or !y /
Da e�t`�i' 7'
EXITTBIT "A"
1.
Mainlands 6
2.
Mainlands 6A
3.
Mainlands 7
4.
Mainlands 8
5.
6.
Mainlands 9
Mainlands
10 (east of 70th Avenue)
7.
Mainlands 10 (west of 70th Avenue)
Ii
8.
Mainlands I
9.
Mainlands 12
10.
Mainlands 13
11.
Mainlands 14
12.
Vanguard Village (Section 15 -- east of Brookwood Boulevard)
13.
Vanguard Village (west of Brookwood Boulevard)
14.
Mainlands 16
15.
Westwood I (Section 17 -- east of 70th Avenue)
16.
Westwood I (west of 70th Avenue)
17.
Heathgate (east of 70th Avenue)
18.
Heathgate (west of 70th Avenue)
19.
Sunflower (east of 77th Avenue)
20.
Westwood Comrrntnity 3 (west of clubhouse)
21.
Wes-twood Community 3 (east of clubhouse)
22.
Westwood Community 4
23.
N. W. 57th Street
24.
N. W. 61st Street (west of Mainlands 10)
25.
Lagos De Campo Boulevard
26.
N. W. 94th Avenue (Behring plant to Section 20)
27.
N. W. 64th Street (Section 15 to University Drive)
28.
N. W. 84th Terrace (Section 13 to Lagos De Campo Boulevard)
29.
N. W. 76th Street (University Drive to Section 16)
30.
N. W. 84th Avenue (McNab Road to 70th Street)
"J. I
(continued)
�. r „
iI I3I . A
31. N. W. 80th Avenue (McNab Road to 70th Street)
32. Woodlands 1
33. Woodlands 2
34. Woodlands 3
-35. Woodlands 4
36. Woodlands 5
37. Woodlands 6
38. Woodlands 7 ,
39. Woodlands 8
The areas above set forth refer to those areas so designated
upon Exhibit R annexed hereto.
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EXH1 TT C
1) Remove any obstruction in pipe system the Jet -Vac machine,
properly used, will not remove.
2) Replace or repair any pipe or catch basin where necessary to
enable the sane to properly function, and add any pipes or catch
basins required by the original plans but not installed.
3) Leadership Housing, Inc. will construct any missing catch basin
aprons and repair or improve those aprons found to not meet
the following minimum criteria:
A. Aprons shall have a minimum of one and one-half
feet of asphalt behind the back edge of the grate and a
minimum of two feet from the edge of the grate in both
directions parallel to the centerline alignment of the street.
B. Aprons shall have sufficient slope to prevent water from
pond ing .
The extent of Leadership's responsibility is to repair only those
aprons that need repair to provide for proper drainage and does
not include the repair of any aprons for aesthetic purposes or to
correct for normal deterioration due to age and weathering. Lead-
ership Housing, Inc. shall have no responsibility for correcting
aprons that have been altered or made to function improperly by
third parties.
4) Remove any obstructions from culvert pipes at culvert crossings
that relate to those canals as outlined in this Agreement.
5) Correct pavement's ability to carry water (by correcting the slope
of the pavement, adding additional catch basins or any other means
which will accomplish such function) to catch basins in those areas
where Leadership Housing, Inc. and City of Tamarac n-utually agree
as a result of joint field inspections by their designated representatives,
that the depth and area of ponding is sufficient to cause repeated
and prolonged standing water. The intent is not to imply t}�a� L(-,A(I'., i�I!!
Housing, Inc. will correct any ponding caused by actions of others
over which Leadership Housing, Inc. has no control. No area
equal to or less than forty square feet in size and one inch deep
will be deemed in need of corrective action. Ponding areas of
greater magnitude will be investigated on an individual basis to
determine what remedial action, -if any, is needed. Plans showing
the corrections to be made will be submitted by Leadership to the
City's Engineer for approval prior to commencement of corrections.
6) Leadership Housing, Inc. will correct deficiencies in asphalt pavement
on Northwest 58th Street from Northwest 70th Avenue to Northwest 67th
Avenue in Mainlands Section #8 by applying approximately 3/4" asphalt
pavement overlay.
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EXHIBIT C