HomeMy WebLinkAboutCity of Tamarac Resolution R-89-1651
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Temp. Reso. #5456
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-89- (vS
A RESOLUTION AUTHORIZING THE APPROPRIATE CITY
OFFICIALS TO EXECUTE AN AGREEMENT WITH BROWARD
COUNTY FOR TRAFFICWAYS BEAUTIFICATION ON ROCK
ISLAND ROAD FROM COMMERCIAL BOULEVARD TO NORTHWEST
44 STREET; AND PROVIDING AN EFFECTIVE DATE.
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TAMARAC,
FLORIDA:
. SECTION 1: That the appropriate City officials are
hereby authorized to execute an Agreement with Bxoward County
for trafficways beautification on Rock Island Road from
Commercial Boulevard to Northwest 44 Street, a copy of said
agreement being attached hereto as "Exhibit 1".
SECTION 2: This Resolution shall become effective upon
adoption. o;:;,
PASSED, ADOPTED AND APPROVED this IV day of 1989.
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ATTEST:
CAROL A. EVANS
CITY CLERK
I HEREBY CERTIFY that I have
approved this RESOLUTION as
to form.
C00A,(-
0 agL�� .
RICHARD DOODY
CITY ATTORNEY
f
NORMAN ABRAMOWITZ
MAYOR
RECQKu u--,,,jigC1L VOTE
MAYOR ABRAMOWITZ__-_
DISTRICT 1: C/M ROHR
DISTRICT 2: C/M SIMR A
DISTRICT 3: C%FEMAN
DISTRICT 4: V/M BE_ NDfR__
i-
• AGREEMENT
OR TRAFFI-C-WAYS BEAUTIFICATION
Between
PROWARD COUNTY
and
CITY OF TAMARAC
for
ROCK ISLAND ROAD FROM COMMERCIAL
POULEVARD TO NORTHW_ES': 44 STREET
PROJECT NO. 5077
This is an Agreement made and entered into by- and
1, 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."
W I T N E S S E T H:
WHEREAS, Rock Island Road from Commercial Boulevard to
Northwest 44 Street 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 resolut' n of its governing
body adopted on the day of 9 19 ,
has approved joint beautification of the trafficway with
COUNTY pursuant to the terms of this Agreement and has
authorized the apprupriate officers of MUNICIPALITY to
execute this Agreement; and
lkCAF#120
Rev. 5/8/89
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WHEREAS, COUNTY, by action of its Hoard of County
Commissioners on the day of ,
19 , has approved the oint beaut f cation of the traffic -
way 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 shall perform the following:
(a) Prepare or cause to be prepared plans and specific-
ations 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 turf, and installing irrigation
systems compatible with the installed vegetation. .
3. MUNICIPALITY shall maintain the vegetation and irriga-
tion systems installed by COUNTY along the trafficway
as follows:
(a) MUNICIPALITY shall properly fertilize all vegeta-
tion; keep all vegetation as free from disease and
harmful insects as practicable; properly mulch the
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 replace-
ment; keep litter removed from the trafficway; and
maintain irrigation parts in working order accordto
-
CAF1120
Rev. 5/8/89
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ing 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 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 Memoran-
dum 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.
4. 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 MUNICIPALITY'S receipt thereof.
5. As a material consideration for COUNTY'S entry into this
Agreement, to the extent permitted by law, MUNICIPALITY
agrees to indemnify, defend, save and hold harmless
COUNTY, its officers, agents, employees and the Board of
County Commissioners from all claims, demands,
liabilities acid suits of any natare arising out of,
because of, or due to the breach of this Agreement by
MUNICIPALITY, its agents, contract^rs or employees, or
due to any act, occurrence or omission to act by
MUNICIPALITY, its agents, contractors or employees.
CAF1120
Rev. 5/8/89
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6. 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.
7. This Agreement may be terminated for cause by either
party upon thirty (30) days written notice given by the
terminating party to the other party.
IN WYTNESS 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 Chairman,
authorized to execute same by Board action on the day
of 19 , and CITY OF
TAMARAC, signing by and through its—
ywlf— , duly
authorized to execute same.
ATTEST:
County Administrator and
Ex --Off icio Clerk of the
Board of County
Commissioners of Broward
County, Florida
CAF1120
Rev. 5/8/89
COUNTY
BROWARD COUNTY, through its
BOARD OF COUNTY COMMISSIONERS
By
NICKI E. GROSSMAN, Chairman
_q_
day of
19
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AGREEMENT FOR TRAFFICWAYS BEAUTIFICATION BETWEEN BROWARD
COUNTY AND THE CITY OF TAMARAC
WITNESSES:
(CORPORATE SEAL)
AKH:lla
TAMARAC.a02
05/09/89
if
CAF1120
Rev. 5/8/89
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: (305) 357-7600
Telecopier: (305) 357-7641
By
ANDREA KARNS HOFFMAN
Assistant County Attorney
WMICIPALITY
CIT JPF TAMARAC
By
Mayor -Co iss
day of - 9 90
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1,
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APPROVED AS TO FORM:
By 5;�Ia
Ci y Atto ney
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,Q 89-16s
4. For the purposes of this Memorandum of Understand-
ing, the term "maintenance" shall include, but shall not be
limited to, the functions specified in paragraph 3(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 traffic-
way(s).
5. This Memorandum of Understanding shall continue in
effect until the agreements referred to in the first para-
graph hereof are terminated.
WITNESSES: CITY OF
By
day of , 19
WITNESSES: CITY OF
By
APPROVED:
BROWARD COUNTY DIRECTOR
OF PUBLIC WORKS DEPARTMENT
By
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CAF112 0
Rev. 5/8/89
Date:
-7-
day of , 19
EXHIBIT "All
MEMORANDUM OF UNDERSTANDING
Between
THE CITY OF
And
THE CITY OF
Pursuant to the terms of paragraph 3(c) of the Agree-
ments for Trafficways Beautification entered into between
Broward County, and the City of , on the
day of , 19 , and the City of
on the day of
19 , the City of
and the City of hereby
2, enter into this Memorandum of Understanding and state as
follows:
1. That this Memorandum of Understanding relates to
the following trafficway(s):
2. That the City of
shall maintain that portion of the trafficway(s) described as
follows:
3. That the City of
shall maintain that portion of the trafficway(s) described as
follows:
CAF112 0
Rev. 5/8/89
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MEMORANDUM OF UNDERSTANDING
Between
THE CITY OF
And
THE CITY OF
Pursuant to the terms of paragraph 3(c) of the Agree-
ments for Trafficways Beautification entered into between
Broward County, and the City of , on the
day of , 19 , and the City of
on the day of
19 , the City of
and the City of hereby
enter into this Memorandum of Understanding and state as
follows:
1. That this Memorandum of Understanding relates to
the following trafficway(s):
•
2. That the City of
shall maintain that portion of the trafficway(s) described as
follows:
3. That the City of
shall maintain that portion of the trafficway(s) described as
follows:
CAF#12 0
Rev. 5/8/89
.ram•,
C�
4. For the purposes of this Memorandum of Understand-
ing, the term "maintenance" shall include, but shall not be
limited to, the functions specified in paragraph 3(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 traffic -
way (s) .
5. This Memorandum of Understanding shall continue in
effect until the agreements referred to in the first para-
graph hereof are terminated.
WITNESSES: CITY OF
By
day of
WITNESSES: CITY OF
By
day of
APPROVED:
BROWARD COUNTY DIRECTOR
OF PUBLIC WORKS DEPARTMENT
By Date:
CAF#120
Rev. 5/8/89
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