HomeMy WebLinkAboutCity of Tamarac Resolution R-79-072Introduced by : `A"-Z r/ �y
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CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R- 7 9 - %L-
A RESOLUTION REPEALING RESOLUTION NO.
R-79-65 AND AUTHORIZING EXECUTION OF A
CORRECTED AGREEMENT BETWEEN THE CITY
AND SPYGLASS HOMEOWNERS ASSOCIATION FOR
TRAFFIC CONTROL WORK TO BE PERFORMED BY
THE CITY PUBLIC WORKS PERSONNEL FOR IN-
STALLATION OF GUARDRAILS.
WHEREAS, the Spyglass Homeowners Association has requested
the assistance of the City for installation of guardrails, for which
Spyglass Homeowners Association will reimburse the City, and
WHEREAS, the City Attorney has reviewed and recommends approval
of said corrected agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
TAMARAC, FLORIDA:
SECTION 1: That Resolution No. R-79-65 is hereby repealed.
SECTION 2: That the Mayor and City Manager are hereby autho-
rized to execute and the City Clerk to attest to a corrected agree-
ment with the Spyglass Homeowners Association for the installation of
guardrails, for which the Spyglass Homeowners Association will reim-
burse the City, in accordance with said corrected agreement, copy of
which is attached hereto and made a part hereof reference as Exhibit
"A".
PASSED, ADOPTED AND APPROVED this_day of
ATTEST:
f CI CL , RK
I HEREBY CERTIFY that I have
approved the form and correctness
of this RESOLUTION.
CITY ATTORNEY
I
RECORD OF COUNCIL VOTE
MAYOR:
DISTRICT 1:
DISTINCT 2:
DISTRICT 3:
DISTRICT 4:
,1979.
._ A
Ass ac�G:�.a�
CMG �ea--
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
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),
WK
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:
out
A
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 CITY 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.
2.
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 approximately 220 feet of guardrails -
at $8.00 per foot ($1,760.00), City of Tamarac, by
employees of the Tamarac Public Works Department.
3.
1
1
OBLIGATIONS OF THE PARTIES
3.1 CITY agrees to perform the WORK as defined in Article
2.3 of this Agreement.
3.2 OWNER shall pay to CITY $1,760.00 upon delivery of its
executed copies of this Agreement to CITY.
4.
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 no 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.
1
1
made and executed this Agreement on the respective dates
under each signature: TAMARAC through its CITY COUNCIL,
signing by and through its MAYOR AND CITY MANAGER-
authorized to execute same by Council action on the_29th
day of March, 1979, and SPYGLASS HOMEOWNERS ASSOCIATION,
signing by and through
of the duly authorized to
execute same.
CITY
ATTEST:
City Manager, Edward A. Gross
ATTEST:
t Q'
Laura Z. yubrmans, City Clerk
APPROVED AS TO FORM
Arlhur iRen, City Attorney
Witness
Witness
OWNER
6.
CITY OF TAMARA
B
Mayor Wa ter a ck
_day f,1979
By
E war Gross, City Manager
If. day of1979.
SPYGLASS HOMEOWNERS ASSN.
By
ay of ,1979
,WK