HomeMy WebLinkAboutCity of Tamarac Resolution R-97-304Temp. Reso. #8073
Page 1
December 1, 1997
CITY OF TAMARAC, FLORIDA
■ RESOLUTION NO. R-97 -3 0 9
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA, AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO EXECUTE AN
AGREEMENT WITH MAINLANDS 1 & 2 CIVIC
ASSOCIATION, INC. FOR MAINTENANCE OF
LANDSCAPING AND STRUCTURES AT THE
ENTRANCEWAY LOCATED AT MAINLANDS DRIVE,
TAMARAC; APPROVING A BUDGET TRANSFER OF
$50,000 FROM GENERAL FUND ACCOUNT NUMBER 001-
9000-590-97.00 TO GENERAL FUND ACCOUNT NUMBER
001-5001-541-63.10; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, pursuant to the City Resolution 70-53, dated October 26, 1970, the City
N accepted the maintenance of entranceway located at Mainlands Drive, Tamarac; and
WHEREAS, City Resolution 70-53, dated October 26, 1970 recognized the
possibility of reverter if the City failed to maintain the entranceway; and
WHEREAS, the entranceway fell in disrepair but reverter was never exercised; and
WHEREAS, in 1996, the Broward County Board of Commissioners escheated the
entranceway parcels to the City; and
WHEREAS, the parcels are specifically described as Parcel D and Parcel E as
recorded in Plat Book 64, Page 1 of the Public Records of Broward County, Florida; and
WHEREAS, the City wishes to convert the existing entranceway into a landscaped
planter and transfer the maintenance of landscaping and structures at the entranceway to
Mainlands 1 & 2 Civic Association, Inc. according to the terms and conditions of the
0 Agreement, attached hereto as Exhibit "A"; and
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Temp. Reso. #8073
Page 3
December 1, 1997
SECTION 4: All Resolutions or parts of Resolutions in conflict herewith are
hereby repealed to the extent of such conflict.
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 /o
ATTEST:
CAROL A. EVANS
CITY CLERK
-i BY CERTIFY that I
7pr ed this
ES UUTION as to faFrn.
ITCHEL'L S.`KF
CITY ATTORN
(RV:mf/bl- Commission Meeting 12/10/97)
day of jp4t" 1997.
Gl�z�
J E SCHREIBER
MAYOR
ECSCHROF MMIS
MAYOR
BER
DIST 1:
COMM. McKAYE
T 2:
V/M MISHKIN
'01ST 3:
COW SULTANOF
pIST 4:
COMM. ROBERTR
VOTE
EXHIBIT «A„ TEMP. -RESO. No,
AGREEMENT
BETWEEN MAINLANDS 1 & 2
CIVIC ASSOCIATION, INC.
AND THE CITY OF TAMARAC
FOR MAINTENANCE OF ENTRANCEWAY
PARCELS D & E AS RECORDED IN
PLAT BOOK 64, PAGE 1 OF THE
PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA
THIS AGREEMENT is made and entered into this to day ofQgf
199 7, by and between the Ci%of Tamarac, a municipal corporation with principal
offices located at 7525 NW 88 Avenue, Tamarac, FL 33321 (hereinafter "CITY")
and Mainlands 1 & 2 Civic Association, Inc., with principal offices located at 4301
NW Mainlands Drive, Tamarac, FL 33319 (hereinafter "ASSOCIATION"), to provide
for maintenance of the landscaping and structures at the entranceway to Mainlands
1 &2.
WHEREAS, the Broward County Board of Commissioners has escheated
property to the City and as a result the City now owns the properties legally
known as:
Parcel D and Parcel E of THE MAINLANDS OF TAMARAC LAKES,
according to the plat thereof, as recorded in Plat Book 64, Page 1,
of the Public Records of Broward County, Florida, attached hereto
as EXHIBIT 1"; and
WHEREAS, pursuant to Resolution No. 70-53, attached hereto as EXHIBIT
"2", the CITY agreed to maintain the entranceway; and
WHEREAS, the ASSOCIATION and the CITY desire to enter into an
agreement for maintenance of landscaping and structures at the entranceway.
NOW, THEREFORE, in consideration of the mutual terms and conditions,
provisions, covenants, and promises hereinafter set forth, the parties agree as
follows:
The CITY agrees that:
The CITY shall install landscaping, re -sod the area adjacent to Commercial
Boulevard, and convert the existing non-functional fountain into a
landscaped planter in accordance with the plans to be prepared by the CITY
in cooperation with the ASSOCIATION. Proper drainage will be installed in
Parcel "D" and Parcel "E".
2. Roof shingles will be replaced and the entire structure will be repaired as
Isnecessary.
TEMP. RESO. No.
•
3
2
The CITY shall maintain the grass areas in public rights -of -way at a level of
service consistent with CITY'S general maintenance program.
3.1 The CITY shall install an appropriate sprinkler system to water the
plants mentioned in Paragraph 1, The CITY may install sprinklers in the re -
sodded areas mentioned. The ASSOCIATION will provide all necessary
connections to ASSOCIATION owned sprinkler pumps, clocks and controllers
as required to provide the additional irrigation as describe in this section.
3.2 The CITY shall install electricity as required into both structures located
on Parcel D and Parcel E. The CITY shall install overhead lighting to light
the signs (Mainlands of Tamarac Lakes), The CITY shall install flood lights
along the base of each planter (Parcel D and Parcel E) to light the plantings
the CITY will plant as outlined in Paragraph 1.
4. The cost of installation of all items set forth in this agreement shall not
exceed $50,000, and the City shall not be responsible for amounts over
$50,000 unless specifically approved in writing.
5. The CITY shall warrant landscape and structural improvements as
provided for in this agreement for a period not to exceed one (1) year
following the completion of construction by the City.
The ASSOCIATION agrees that:
6. The ASSOCIATION will maintain irrigation, lighting, electrical systems and
all components associated with landscaping and structures at the
entranceway located in Parcel D and Parcel E. This maintenance shall
include but is not limited to the following: maintenance of the irrigation
system, lighting and electrical systems, structural components, painting,
landscape trimming, chemical treatment, fertilization, litter removal, removal
and replacement of all dead or damaged landscape material. The
ASSOCIATION shall begin maintenance obligations as set forth in this
Agreement upon the completion of construction by the City and written
notification of such completion.
7. The ASSOCIATION agrees that if at any time it fails to provide landscaping
or maintenance services as provided for in the Agreement, then the CITY
after giving a written notice to the ASSOCIATION, may make changes to the
affected areas that are economical and deemed to be in the best interest of
the CITY.
8. The ASSOCIATION will maintain and pay the cost of required utilities
including but not limited to lighting and irrigation.
9. INSURANCE:
ASSOCIATION shall obtain and maintain at ASSOCIATION'S expense
all necessary insurances in such forms and amounts as required by the
CITY'S Risk Manager before work begins under this Agreement including,
but not limited to Workers' Compensation Insurance, Unemployment
Insurance, Liability Insurance, and all other insurances required by law.
TEMPAESO. No.�
Contractors hired by ASSOCIATION shall maintain such insurances in full
0 - -force and effect during the life of this Agreement.
ASSOCIATION shall provide to the CITY'S Risk Manager certificates of all
insurances required under this section prior to any work commencing under this
Agreement.
ASSOCIATION shall name the City as an additional insured on all insurance
policies obtained by the Association under the terms of this agreement.
ASSOCIATION shall indemnify and hold the CITY harmless for any damages
resulting from failure of ASSOCIATION to take out and maintain such insurances.
ASSOCIATION shall be responsible for payment of all deductibles and self-insurance
retention on Liability Insurance policies. ASSOCIATION'S contractors shall have and
maintain all necessary insurances.
10. INDEMNIFICATION:
ASSOCIATION shall indemnify and hold harmless the CITY, its elected and
appointed officials, employees, and agents from any and all claims, suits, actions, -
damages, liability, and expenses (including aftorneys' fees) in connection with loss of
life, bodily or personal injury, or property damage, including loss of use thereof,
directly or indirectly caused by, resulting from, arising out of, or occurring in
connection with the operations of the ASSOCIATION or its officers, employees,
agents, subcontractors, or independent contractors.
The above provisions shall survive the termination of this Agreement and shall
pertain to any occurrence during the term of this Agreement, even though the claim
may be made after the termination hereof.
Nothing contained herein is intended nor shall be construed to waive the
CITY'S rights and immunities under the common law or Florida Statutes 768.28, as
amended from time to time.
Any expenses incurred by CITY arising out of failure by the ASSOCIATION to
perform under this Agreement shall be paid by the ASSOCIATION within thirty (30)
days of invoice by the CITY. The CITY reserves the right to make all structural
changes or maintenance decisions deemed to be in the CITY'S best interest.
11. ASSIGNMENT:
ASSOCIATION shall not transfer or assign the performance required by this
Agreement without the prior written consent of the CITY.
12. NOTICE:
Whenever either party desires or is required under this Agreement to give
notice to any other party, it must be given by written notice, sent by Certified United
States mail, with return receipt requested, addressed to the party for whom it is
intended at that party's last specified address, and such address shall remain the
same until written notice of any change in address is received by either party from the
other, at which point, such new address shall become the last specified address. For
the present, the parties designate the following as the current addresses for giving
notice:
TEMP. RESO. No.
0 CITY
City Manager
7525 NW 88`h Avenue
Tamarac, Florida 33321
ASSOCIATION:
President
Mainlands 1 & 2 Civic Assoc.
4301 Mainlands Drive
Tamarac, Florida 33319
13. TERMINATION:
With a_Copy to:
Public Works Director
6011 Nob Hill Road
Tamarac, Florida 33321
and
City Attorney
7525 NW 88`h Avenue
Tamarac, Florida 33321
Vice President
Mainlands 1 & 2 Civic Assoc.
4301 Mainlands Drive
Tamarac, Florida 33319
4
This Agreement may be terminated by CITY or ASSOCIATION for cause or
by the CITY for convenience, upon thirty (30) days written notice by the terminating
party to the other party of such termination. In the event that the ASSOCIATION
abandons this Agreement or causes it to be terminated, ASSOCIATION shall
indemnify the City against loss pertaining to this termination.
14. DEFAULT BY ASSOCIATION:
In addition to all other remedies available to the CITY, this Agreement shall
be subject to cancellation by the CITY should the ASSOCIATION neglect or fail to
perform or observe any of the terms, provisions, conditions, or requirements herein
contained, if such neglect or failure shall continue for a period of thirty (30) days
after receipt by ASSOCIATION of written notice of such neglect or failure.
15. VENUE:
This Agreement shall be governed by the laws of the State of Florida as are
now and hereinafter in force. The venue for actions arising out of this Agreement
is fixed in Broward County, Florida.
16. SIGNATORY AUTHORITY:
The ASSOCIATION shall provide the CITY with copies of requisite
documentation evidencing that the signatory for ASSOCIATION has the authority
to enter into this Agreement.
! 17. SEVERABILITY; WAIVER OF PROVISIONS:
Any provision in this Agreement that is prohibited or unenforceable in any
jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such
prohibition or unenforceability without invalidating the remaining provisions hereof
TEMP. -RESO. No. R
5
or affecting the validity or enforceability of such provisions in any other jurisdiction.
The nonenforcement of any provision by either party shall not constitute a waiver of
that provision nor shall it affect the enforceability of that provision or of the
remainder of this Agreement.
18. MERGER; AMENDMENT:
This Agreement constitutes the entire Agreement between the
ASSOCIATION and the CITY, and negotiations and oral understandings between
the parties are merged herein. This Agreement can be supplemented and/or
amended only by a written document executed by both the ASSOCIATION and the
CITY. Nothing in this Agreement obligates the CITY to future levels of performance
or maintenance. Nothing in this Agreement limits the CITY'S rights in the property
beyond what is specifically agreed.
CONTINUED ON PAGE 6
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TEMP. RES0. No. 0
1.1
C7
•
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Both parties acknowledge that they have the opportunity, advice, and
benefit of independent legal counsel prior to and during the negotiation and
execution of this Agreement and concur that this Agreement has been
mutually drafted and is in their respective best interest.
IN WITNESS WHEREOF, the parties have made and executed this
Agreement on the respective dates under each signature. CITY OF TAMARAC,
through its Mayor and MAINLANDS 1 & 2 CIVIC ASSOCIATION, INC., signing by
and through its President, -_p o„Is ,_ ; G oei � ./ , duly
authorized to execute same.
ATTEST:
Carol Evans, City Clerk
A faT*WRTds Sections 1 And 2
Civic Association, Inc.
A Not -For -profit Corporation
Incorporated 1969 Florida
Corporate Secretary
(Corporate Seal)
Type/Pri Na e of /7
Corporate Secretary
CITY OF TAMARAC
JOE SCHREIBER, MAYOR
Date: December 1.0, 1997
Robert S. Noe, Jr., City Manager
ed as to form and legal
ncy:
Mitchell S. Kraft, City
MAINLANDS 1 & 2 CIVIC
ASSOCIATION, INC.
/41- ff,.j .//, -,50/' ,, �"e' " 2, --
President / 2-_ 3 — S .7
Dnrc,/ S .J, G oy �, 0IQ i
Type/Print Name of President
File: Mainlands 1 & 2 Agreement\MAG:mf\Revised 12/03/97
M
1-0
10
I*
ATTEST: - MAINLANDS 1 & 2 CIVIC
ASSOCIATION, INC.
Vice President - Elect -1
iy &v At f�.; 5 _
T e/Print Name of Vice President Type/Print
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EXHIBIT "2"
•
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,r� • •
TEMP. RE54. NO2
-.... CITY OF TAMARAC , F Luk 1 UA (.C.. .q
w �
RESOLUTION N � � •�
kr+ WHEREAS, BEHRING CORPORATION, a Delaware Corporal n has
w.
confstructed an Entrance Way to the Mainlands, and
WHEREAS, BEIIRIWG CORPORATION, a Delaware Corporation
has deeded by Warranty Deed dated June, 1970, the lands and
improvements located therein forming and being the Mainlands
...Entrance Way, and
WHEREAS, the City of Tamarac has and in the future
.,desires to maintain said Entrance Way, and
WHEREAS, the City of Tamarac recognizes that the
"aforesaid Deed is subject to a possibility of reverter if the
Grantee, City of Tamarac, should fail Lo keep the improvements
in a "like new" condition, and
WHEREAS, the City of Tamarac is now desirous of in-
structing its City Clerk to record the Warranty Deed on the
aforesaid property and officially accept the Entrance Way for
maintenance purposes.
..�+ NOW, THEREFORE, BE 1T RESOLVED BY THE COUNCIL of the
City of 'Tamarac, Florida,
V-4—
.
,.• 1. That the City of 'Tamarac hereby accepts the warranty
Deed running from BEHRING CORPORATION, a Delaware Corporation, to
the City of Tamarac, a Municipal Corporation of Florida, wherein
certain lands and improvements thereon, being the Entrance to
2.
That the City Clerk
be and is hereby instructed to
record that
Warranty Deed, 3 copy
of which is attached hereto and
made a part
hereof.
PASSED, ADOPTED AND APPROVED
this day of .' / 1970.
'AY7
ATTEST:
,•
CITY CLERK