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HomeMy WebLinkAboutCity of Tamarac Resolution R-97-285Temp. Reso. #8054 Page 1 11 /4/97 Rev. #1—11/18/97 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-97-9195 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING APPROPRIATE CITY OFFICIALS TO EXECUTE AN AGREEMENT WITH BROWARD COUNTY TO INSTALL IRRIGATION AND LANDSCAPING WITHIN PUBLIC RIGHT-OF-WAY OF PINE ISLAND ROAD, BETWEEN COMMERCIAL BOULEVARD AND UP TO THE PUBLIC CANAL NORTH OF NW 58TH STREET; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Broward County is expanding Pine Island Road from four lanes to six lanes, from Oakland Park Boulevard to Commercial Boulevard; and WHEREAS, the project will end approximately 1700 feet north of Commercial Boulevard, up to the public canal north of NW 58th Street; and WHEREAS, Broward County has offered to install the irrigation and landscaping within the project limits at no cost to the City of Tamarac; and WHEREAS, after installation of irrigation and landscaping, the City of Tamarac will maintain irrigation and landscaping at its own expense; and WHEREAS, the City of Tamarac is already maintaining the said section of Pine Island Road at its own expense except at a lesser cost; and Temp. Reso. #8054 Page 2 11 /4/97 Rev. #1 — 11/18/97 and WHEREAS, the Director of Public Works recommends approval of the Agreement; WHEREAS, the City Commission of the City of Tamarac, Florida, deems it to be in the best interest of the citizens and residents of the City of Tamarac to execute the Agreement with Broward County to install landscaping and irrigation within the pubic right- of-way of Pine Island Road, between Commercial Boulevard and up to the pubic canal north of NW 58th Street. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA THAT: SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. SECTION 2: The installation of irrigation and landscaping, consistent with City's Landscaping Master Plan is HEREBY APPROVED. SECTION 3: The appropriate City Officials are HEREBY AUTHORIZED to sign the Agreement with Broward County, attached hereto as Exhibit 1. SECTION 4: All Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. 1 1 1 Temp. Reso. #8054 Page 3 11 /4/97 Rev. #1—11/18/97 SECTION 5: If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Resolution that can be given effect without the invalid provision or application, and to this end the provisions of this Resolution are declared to be severable. SECTION 6: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this 2 ATTEST: CAROL A. 9VANS CITY CLERK I HEREBY CERTIFY that I approved this P�ESOLUTION as to form. MITCHEL'C S. KF CITY ATTORN Agenda Mtg 11/26/97-bl day of N �1997. o0-4—""94... ` JOE SCHREIBER MAYOR RECORD OF COMMISSIO MAYOR SCHREIBER DIST 1: COMM. MCKAYE DIST 2: V/M MISHKIN r DIST 3: COMM. SULTANOF DIST 4: COMM, ROBERTA -x ,VOTE EXHIBIT "1" TEMP. RESO. #8054 • • • AGREEMENT for TELF ICNAYS BEAUTIFICATION Between aR4INARD_C—OUNTY and CITY OF TAMARAC for IMPROVEMENTS TO PINEISLAND ROAD FR M CQMMEECIAL BOULEVARD NORTH APPROXIMATELY 1,587 FEE Project No. 5121 AGREEMENT for TRAFFICWAY5 B AUTIFI ATION Between BROWARD COUNTY and CITY OF TAMARAC for IMPROVEMENTS TO PIN S AND ROAD FROM M E ALB ULEVARD NORTH APPROXIMATELY 1,587 FEE Project No. 5121 This is an Agreement made and entered into by and between BROWARD COUNTY, a political subdivision of the state of Florida, its successors and assigns, hereinafter referred to as "COUNTY," through its Board of County Commissioners, AND CITY OF TAMARAC, a municipal corporation located in Broward County, Florida, and organized and existing under the laws of the state of Florida, its successors and assigns, hereinafter referred to as "MUNICIPALITY." WITNESSETH: WHEREAS, improvements to Pine Island Road from from Commercial Boulevard North Approximately 1,587 feet is a public trafficway (hereinafter referred to as the "Trafficway") located within the municipal boundaries of MUNICIPALITY; and WHEREAS, it is of mutual benefit to the residents of COUNTY and MUNICIPALITY to beautify the Trafficway by landscaping and irrigation; and WHEREAS, MUNICIPALITY, by resolution of its governing body adopted on the 26 day of November , 199 7 , has approved joint beautification of the Trafficway with COUNTY pursuant to the terms of this Agreement and has authorized the appropriate officers of MUNICIPALITY to execute this Agreement; and • WHEREAS, COUNTY, by action of ifs Board of County Commissioners on the day of , 19 , has approved the joint beautification of the Trafficway with MUNICIPALITY and has authorized the appropriate COUNTY officers to execute this Agreement; NOW, THEREFORE, IN CONSIDERATION of the mutual terms, conditions, promises, covenants_, and payment hereinafter set forth, COUNTY and MUNICIPALITY agree as follows: 1. COUNTY and MUNICIPALITY shall participate in the beautification of the Trafficway in the manner set forth in this Agreement. 2. - COUNTY and MUNICIPALITY agree and -understand that this section of Pine Island Road is currently classified as a County Minor Arterial and will remain classifed as same after the improvements are completed. 3. COUNTY shall perform the following (a) Prepare or cause to be prepared plans and specifications for the beautification of the Trafficway. Such plans and specifications shall be reviewed and approved by the Director of COUNTY'S Public Works Department (hereinafter referred to as the "Director") and a representative of MUNICIPALITY. (b) In accordance with the approved design plans and specifications, landscape the Trafficway by installing along the Trafficway: vegetation, which may include, but is not limited to, plants, trees, shrubberies and grassed areas (sodded and/or seeded); pavers and/or separators and other non -vegetative items; and installing irrigation systems compatible with the installed vegetation. (c) Issue written notification to MUNICIPALITY that the irrigation system has been constructed and is ready for electrical and water service to be authorized. 4. MUNICIPALITY shall maintain all vegetation, as listed in Section 3(b) above, located within the right-of-way; all non -vegetative items, such as pavers, installed for beautification or reduced maintenance, including grassed and/or landscaped stormwater impoundment facilities (detention ponds), but excluding the concrete fence; and irrigation system installed by COUNTY along the Trafficway as follows: (a) MUNICIPALITY shall properly fertilize all vegetation; keep all vegetation as free from disease and harmful insects as practicable; properly mulch the CAF#120 Rev. 6/21/95 -2- C� vegetation beds, keeping them free from weeds; periodically cut the grass in order to maintain a neat and proper appearance; prune all plants so as to remove all dead or diseased parts of plants and all parts of plants which present a visual hazard or physical obstacle to the use of the Trafficway; remove and replace all vegetation which is dead or diseased or which otherwise falls below the initial level of beautification of the Trafficway, such replacement to be accomplished by the use of plants of the same grade as specified in the original approved plans and specifications and the same size as those existing at the time of replacement; keep litter removed from the Trafficway; and maintain irrigation parts in working order according to the original approved plans and specifications, including the maintenance and replacement of pumps, pipes, and sprinkler heads. (b) MUNICIPALITY shall pay all utility charges relating to the operation of the irrigation systems used in the beautification of the Trafficway. (c) If the length of the Trafficway or any portion of such length (is)(are) coterminous with the jurisdictional boundaries of MUNICIPALITY, MUNICIPALITY shall coordinate the performance of its maintenance responsibility pursuant to this Agreement with the governmental entity or entities having jurisdiction over the adjacent area. The terms and conditions of such coordination shall be stated in a Memorandum of Understanding entered into by MUNICIPALITY and the adjacent governmental entity or entities and shall provide for the division of maintenance responsibility and the costs of maintenance between the parties to the Memorandum of Understanding. The Memorandum of Understanding shall be in substantially the form as provided in Exhibit "A" hereto. This Agreement is conditioned upon and subject to such executed Memorandum of Understanding being approved by the Director. (d) MUNICIPALITY shall authorize commencement of service to, and billing for, electric and water service. 5. If at any time subsequent to COUNTY'S installation of vegetation and irrigation systems along the Trafficway it is determined by the Director that MUNICIPALITY is not maintaining the beautified Trafficway pursuant to the terms of this Agreement, the Director shall notify MUNICIPALITY in writing of such deficient maintenance. If MUNICIPALITY does not correct and improve such deficient maintenance within thirty (30) days of receipt of the Director's written notice, COUNTY, at the option of the Director, may cause such deficiencies to be corrected and improved and bill MUNICIPALITY for the costs of such correction and improvement. MUNICIPALITY shall then remit to COUNTY the amount so billed within thirty (30) days of CAF# 120 Rev. 6/21/95 Egli MUNICIPALITY'S receipt thereof. If MUNICIPALITY requests a meeting with the Director, however, COUNTY may correct and improve any deficiencies but shall not bill MUNICIPALITY without the written consent of MUNICIPALITY. 6. Both COUNTY and MUNICIPALITY, which are state agencies or subdivisions, as defined in Section 768,28, Florida Statutes, agree to be fully responsible for acts of negligence of their respective agents or employees when acting within the scope of their employment or agency, and agree to be liable for any damages resulting from said negligence. Nothing herein is intended to serve as a waiver of sovereign immunity by any party to which sovereign immunity may be applicable. Nothing herein shall be construed as consent by a state agency or political subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract. Any claim, objection or dispute arising out of the terms of this contract shall be litigated in the Seventeenth Judicial Circuit in and for Broward County, Florida. 7. Subject to the provisions of paragraph 4 above, the Director shall decide all questions, difficulties, and disputes of any nature which may arise under or by reason of the beautification of the Trafficway pursuant to the terms of this Agreement. 8. This Agreement may be terminated for cause by either party upon a thirty (30) day written notice given by the terminating party to the other party.. 9. This document incorporates and includes all prior negotiations, correspondence, conversations, agreements, and 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 Agreements that are not contained in this document. Accordingly, the parties agree that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. 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 hereto. 10. This Agreement shall be interpreted and construed in accordance with and governed by the laws of the State of Florida. Venue for litigation concerning this Agreement shall be in Broward County, Florida. cnFalxo Rev, 6/21195 IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the respective dates under each signature: BROWARD COUNTY through its BOARD OF COUNTY COMMISSIONERS, signing by and through its Chair or Vice Chair, authorized to execute same by Board action on the day of , 19 , and CITY OF TAMARAC, signing by and through its Mayor , duly authorized to execute same. • COUNTY ATTEST: County Administrator and Ex-Officio Clerk of the Board of County Commissioners of Broward County, Florida CAF#120 Rev. 6/21 /95 -5- BROWARD COUNTY, through its BOARD OF COUNTY COMMISSIONERS Z Chair day of ,19 Approved as to form by Office of County Attorney Broward County, Florida JOHN J. COPELAN, JR., County Attorney Governmental Center, Suite 423 115 South Andrews Avenue Fort Lauderdale, Florida 33301 Telephone: (954) 357-7600 Telecopier: (954) 357-7641 DAPHNE E. JONES Assistant County Attorney AGREEMENT FOR TRAFFICWAYS BEAUTIFICATION BETWEEN BROWARD COUNTY -i AND CITY OF TAMARAC FOR IMPROVEMENTS TO PINE ISLAND ROAD FROM COMMERCIAL BOULEVARD NORTH APPROXIMATELY 1,587 FEET 1ftQ_ WITNESSES: CITY OF TAMARAC By Mayor. .. Joe Schreiber 26 day of November 19 97 . ATTEST: Carol A, Evans, City Clerk City Manager C M C Robert S. Noe, Jr. (CORPORATE SEAL) ILE DEJ:vjg 09/24/97 #97-088.05 Tamarac.bea CAFA120 Rev. 6121/95 26 day of November , 19 97 . AP/PROVIfgAS TO FO .City Attorney Mitchell S. Kraft 0 EXHIBIT "A" MEMQRANDQM OF UNDERSTANDING Between THE CITY OF TAMARAC and $ROWARD COUNTY Pursuant to the terms of paragraph 4(c) of the Agreements for Trafficways Beautification entered into between Broward County, and the CITY OF TAMARAC, on the 26 day of November , 19 97 , the CITY OF TAMARAC and Broward County hereby enter into this Memorandum of Understanding and state as follows: 1. This Memorandum of Understanding relates to the following Trafficway: Pine Island Road From Commercial Boulevard North Approximately 587 Feet - Project No 512 2. That the CITY OF TAMARAC shall maintain that portion of the Trafficway described as follows: Pi a Island Road From Commercial Boulevard North Approximately 1 587 Fee - Protect No. 5121 3. For the purposes of this Memorandum of Understanding, the term "maintenance" shall include, but shall not be limited to, the functions specified in paragraph 4(a) of the Agreements for Trafficways Beautification referred to in the first paragraph hereof, and the obligation to pay all utility charges relating to the operation of the vegetation and irrigation systems used in the beautification of the Trafficway. CAF#I2D Rev. 6121195 -7- • C� 4. This Memorandum of Understanding shall continue in effect until the agreements referred to in the first paragraph hereof are terminated. WITNESSES: ATTEST: Carol A. Evans, C M C: City Clerk APPROVED: BROWARD COUNTY DIRECTOR OF PUBLIC WORKS DEPARTMENT By CAF#120 Rev. 6/21 /95 CITY OF TAMARAC B 0C - Y Schreiber, . Mayor 26 day Of November , 1997 S By - Robert S, Noe, Jr. City Manager 26 day of November 1997 Date: 5-11