HomeMy WebLinkAboutCity of Tamarac Resolution R-79-065Introduced by Y/;w l��
Temp. Reso. #1238
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CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R_2 2'6 S—
A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN
THE CITY AND SPYGLASS HOMEOWNERS ASSOCIATION FOR TRAFFIC
CONTROL WORK TO BE PERFORMED BY THE CITY PUBLIC WORKS PER-
SONNEL FOR INSTALLATION OF GUARDRAILS.
WHEREAS, the Spyglass Homeowners Association has requested the
assistance of the City for installation of guardrails for which Spyglass
Homeowners Association will assume responsibility.
WHEREAS, the City Attorney has reviewed and recommends approval
of said agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TAMARAC, FLORIDA:
SECTION 1: That the Mayor and City Manager are hereby authorized
to execute and the City Clerk to attest to an agreement with the Spyglass
Homeowners Association for the installation of guardrails for which the Spy-
glass Homeowners Association will reimburse the City and. assume responsibility
in accordance with said agreement, co:py,of which is attached hereto
and made a part hereof reference as Exibit "A".
PASSED, ADOPTED AND APPROVED THIS DAY OF
ATTEST:
CLERK�?V�
I HEREBY CERTIFY that I have ap-
proved the form and correctness
of this RESOLUTION.
J4
CITY ATTORNEY
, 1979.
M.
RECORD OF COUNCIL VOTE
MAYOR W. FALCK ��
VIM H. MASSARO a—W
C/M H. \41--NER
C/M I.M. DISRAELLY
QW, M. KELCH
I-
A G R E E M E N T
PROVIDING FOR TRAFFIC CONTROL
WORK TO BE PERFORMED
BY PERSONNEL OF THE
CITY OF TAMARAC
PUBLIC WORKS DEPARTMENT
1
A G R E E M E N T
PROVIDING FOR TRAFFIC CONTROL
WORK TO BE PERFORMED
BY PERSONNEL OF THE
CITY OF TAMARAC
PUBLIC WORKS DEPARTMENT
KNOW ALL MEN BY THESE PRESENTS: That this
Agreement is made and entered into between the SPYGLASS
HOMEOWNERS ASSOCIATION (hereinafter referred to simply
as OWNER),
AND
The CITY OF TAMARAC, a municipal corpora-
tion of the State of Florida (hereinafter referred to
simply as CITY).
W I T N E S S E T H:
THAT, for and in consideration of the mutual
terms and conditions, promises, covenants and payments
hereinafter set forth, CITY and OWNER hereby agree as
follows:
ARTICLE 1
PREAMBLE
In order to establish the background, context
and frame of reference for this Agreement and to generally
express the objectives and intentions of the respective
parties herein, the following statements, representations
and explanations shall be accepted as predicates for the
undertakings and commitments included within the provisions
which follow and may be relied upon by the parties as
essential elements of the mutual considerations upon which
this Agreement is based.
1.1 OWNER has requested assistance of the CITY OF TAMARAC
PUBLIC WORKS DEPARTMENT for installation of guardrails
on property on which OWNER has agreed to assume re-
sponsibility, for the installation of said guardrails.
,After the guardrails are installed CITY intends to
accept ownership and maintenance of the property.
1.2 CITY has the resources to do the necessary work at a
cost substantially less than the OWNER would have to
pay if the work were to be performed without CITY
assistance.
0
ARTICLE 2
DEFINITIONS AND IDENTIFICATIONS
For the purposes of this Agreement and the
various covenants, conditions, terms and provisions which
follow, the DEFINITIONS and IDENTIFICATIONS set forth
below are assumed to be true and correct and are therefore
agreed upon by the parties.
2.1 CITY
The CITY OF TAMARAC, a municipal corporation within
the State of Florida.
2.2 OWNER
The SPYGLASS HOMEOWNERS ASSOCIATION, its agents,
successors or assigns.
2.3 WORK
The installation of approximatelyd20feet of guardrails
t
one1>r't �� i`I6sc City of Tamarac, by employees
of the Tamarac Public Works Department. OWNER shall
have full responsibility for purchasing all materials
and delivering them to the work site. CITY will charge
for any City material and equipment it finds necessary
to use for installation of the guardrails.
3.
No
OBLIGATIONS OF THE PARTIES
3.1 CITY agrees to perform the WORK as defined in Article
2..3 of this Agreement.
3.2 CITY agrees to keep records of its actual costs in per-
forming the WORK and shall make such records available
to OWNER upon request.
3.3 CITY shall bill OWNER at the completion of the WORK for
all of CITY's actual costs of labor, including 20%
for fringe benefits, used during the performance of the
WORK.
3.4 OWNER shall pay to CITY the amount billed by CITY within
-thirty (30) calendar days of receipt of CITY's bill.
1
4.
ME
ARTICLE 4
GENERAL
4.1 INCORPORATION OF ALL PRIOR AGREEMENTS
This document incorporates and includes all prior
negotiations, correspondence, conversations, agree-
ments, or understandings applicable to the matters
contained herein and the parties agree that there
are no commitments, agreements, or understandings
concerning the subject matter of this Agreement that
are not contained in this document. Accordingly,
it is agreed that nQ deviation from the terms hereof
shall be predicated upon any prior representations
or agreements whether oral or written.
It is further agreed that no modification, amendment
or alteration in the terms or conditions contained
herein shall be effective unless contained in a written
document executed with the same formality and of equal
dignity herewith.
4.2 EXECUTION
This document shall be executed in no less than four (4)
counterparts, each of which shall be deemed an original
IN WITNESS WHEREOF, the parties hereto have
5.
I
1
made and executed this Agreement on the respective dates
under each signature: TAMARAC through its CITY COUNCIL,
signing by and through its ,
authorized to execute same by Council action on the
day of ,19_, and SPYGLASS HOMEOWNERS
ASSOCIATION, signing by and through
of the duly authorized to
execute same.
ATTEST:
City Manager
ATTEST:
CITY CLERK
Witness
Witness
CITY
OWNER
CITY OF TAMARAC
By
Its Mayor
day of ,19_
By
Its City Manager
day of 3119_
SPYGLASS HOMEOWNERS ASSN.
By
day of ,19_
N