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HomeMy WebLinkAboutCity of Tamarac Resolution R-79-275Introduced by: C Temp.# 1467 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21' 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R- 79-17 5 A RESOLUTION AUTHORIZING EXECUTION OF A BOATING IMPROVEMENT PROGRAM PROJECT AGREEMENT WITH THE STATE DEPARTMENT OF NATURAL RESOURCES AND BROWARD COUNTY FOR CYPRESS CREEK COMMONS. 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 a Florida Boating Improvement Program Project Agreement with the State Department of Natural Resources contributing $23,800.00 for development of the facilities and Broward County to appoint an official liason officer to be responsible for the successful completion of the project. PASSED, ADOPTED AND APPROVED this _,,2f day of November, 1979. ATTEST: ) 9 J � RECORD OF COUNCIL VOTE djd--eCI!tY C ERK MAYOR: DISTRICT 1: I . HEREBY CERTIFY that I have DISTRICT 2: approved the form and correctness of -this RESOLUTION DISTRICT 3: DISTRICT 4: CIT TTORNEY � rr FLORIDA DEPARTMENT OF NATURAL RESOURCES DIVISION OF RECREATION AND PARKS Florida Boating Improvement Program Project Agreement THIS AGREEMENT, dated this day of , A.D., 19 , by and between the Department of Natural Resources, Division of Recreation and Parks, hereinafter referred to as DEPARTMENT, the City of Tamarac hereinafter referred to as CITY, and Broward County hereinafter referred to as COUNTY. W I T N E S S E T H: That in and for the mutual covenants between the DEPARTMENT, the COUNTY and the CITY, it is agreed as follows: 1. The DEPARTMENT has found recreational boating improvement to be the primary purpose of the project known as Cypress Creek Commons and has agreed to enter into this Agreement with the COUNTY and the CITY for the development of recreational boating facilities and/or improvements, such facilities and/or improvements being in accordance with the project plans attached hereto and made a part of this Agreement as Exhibit "A". 2. The CITY agrees to -operate and maintain said recreational boating facilities and/or improvements once completed and covenants �t has the full legal authority and financial capability to so )qe;,�tte and maintain said facilities and/or improvements. 3. The CITY agrees to commence construction of said project on or before January 16. 1980 , and further agrees to complete said project on or before January 16, 198I In the event construction of said project does not commence on or before Tanllar�z 16, iggo or is not completed on or before January 16, 1981 , the COUNTY agrees to return to the DEPARTMENT any and all unexpended funds originally allocated for said project. 4. The COUNTY agrees to appoint an official liaison officer to be responsible for the successful completion of said project, the prompt implementation of the articles of this Agreement, and the submission of progress reports every one hundred and eighty (180) days from the date of the execution of this Agreement until said project is completed by the COUNTY. 5. The DEPARTMENT agrees, in consideration of the promises made by the COUNTY herein, to tender to the COUNTY funds in the amount of $23,800�00 to be used specifically for development of recreational boating facilities and/or improvements as defined in Exhibit "A" of this Agreement. 6. The COUNTY agrees to return to the DEPARTMENT all funds obligated for said project in the event said project becomes utilized for other than boating related purposes. 7. In the event there exist unexpended or deobligated funds at ,the completion of said project, as described in Exhibit "A", attached hereto and made a part of this Agreement, the COUNTY agrees to return said unexpended, deobligated funds to the DEPARTMENT within sixty (60) days after -project completion.. S. In the event the total amount of obligated funds for said project are deobligated by the DEPARTMENT, the COUNTY agrees to return 1,yobligated funds to the DEPARTMENT within sixty (60) days. If (to-i, .°e a caned within sixty ( 60 ) days, the COUNTY agrees to return said deobligated funds to the DEPARTMENT plus interest as defined by the DEPARTMENT. 9. In the event the Cam_ elects to implement a user fee / system for the Cypress Cree__k Commonsor for any faciltiy within the Project boundaries, the agrees to impose such fees uniformly among the users regardless of the political jurisdiction in which the user may reside. 10. The COUNTY agrees to provide the DEPARTMENT with color slides or photographs of the completed project as well as other information requested by the DEPARTMENT. 11. The DEPARTMENT reserves the right to inspect the site and facilities, as well as the right to audit any and all financial records pertaining to said project at reasonable times. 12. Any inequities that subsequently appear in this Agreement shall be subject to negotiation upon written request of either party, and the parties agree to negotiate in good faith as to any such nequities. 13. This Agreement is executed in triplicate, each copy of which shall for all purposes be considered an original. IN WITNESS THEREOF, the parties hereto executed this Agreement on the day and year first above written. Attest: EXECUTIVE BOARD OF THE DEPARTMENT OF NATURAL RESOURCES By: Eton J. Gissendanner Executive Director Its Agent for this Purpose Attest: _ By: A L t _.� ass E C',7,� C�Le ►� By: THE COUNTY OF , Chairman Board of County Commissioners Its Agent for this Purpose. THE CITY OF 'JArn, R,4C- Mayor Its Agent for this Purpose