The URL can be used to link to this page

Home My WebLink AboutCity of Tamarac Resolution R-86-208Introduced by: !/ Temp. Reso.#4166 Revised 6/11/86 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-86-2b_r A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT FOR TRAFFICWAYS BEAUTIFICATION WITH BROWARD COUNTY FOR THAT PORTION OF UNIVERSITY DRIVE FROM COMMERCIAL BOULEVARD TO SOUTHGATE BLVD.; AND PROVIDM 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 for Trafficways Beautification with Broward County for that portion of University Drive from Commercial Boulevard to Southgate Boulevard, a copy of said Agreement being attached hereto as Exhibit "1". SECTION 2: This authorization is conditioned upon submittal of beautification plans to the City of Tamarac Planning Commission. SECTION 3: This Resolution shall become effective upon adoption. PASSED, ADOPTED AND APPROVED this llth day of June , 1986. MAYOR ATTEST: CITY C RK RECORD OF COUNCIL. VOTE I HEREBY CERTIFY that I have MAYOR:HART approved the form and correctness DIST. 1: C/W MASSARO of this Resolution. DIST. 2: C/M STELZER DIST. 3: C/M GOTTESMAN Ifi At Rli DIST. 4: V/M STEIN M t I og �5a IF . A G R E E M E N T FOR TRAFFICWAY5 BEAUTIFICATION Between BRO::ARD COUNTY And day of THIS AGREEMENT made and entered into this Political - • - �g , by and between BROWARD COUNTY, a p State of Florida (hereinafter referred to as the COUNTY), subdivision of the ing and T municipal corporation located in Br Flor Florida County (hereinafter rg� ter ed nt easstthe unuer the laws of the State of MUNICIPALITY); W IT N ESS ET H: WHEREf4S, Co Ka a T arl G AT-�+ a is (are) public trafficway(s) (hereinafter referred to as the "trafficway(s)") located within the municipal boundaries of the MUNICIPALITY; and TY WHEREAS, it is of mutual benefit to the residents ping the MUNICIPALITY to beautify the trafficwaY (s) by irriga- tion; and WHEREAS, the MUNICIPALITY by resolution of Its governing body adopted on the nth day of 'June 1986, has approved joint beau- tification of the trafticway(s) -with the oUr at YaffPursuGcrsant oTtlheht4UNICIpALITY e terms of this Agreement and has authorized the app P to execute this Agreement; and WHEREAS, the COUNTY by action of its Board of County Commis - has likewise approved stoners on the day of ,.vith19he MUNICIPALITY and has the joint beauti icatian of the trot tic+•�oy (s) Agreement; NOW, the appropriate COUNTY officers to execute this THEREFORE, ' IN CONSIDERATION of the mvtuD1 terms, conditions, Promises, Cov- enants and payment hereinafter set forth, tt►e COUNTY and MUNICIPALITY agree as follows: GCF#1Z0-1 Kev.4/Ft/83 01. r � S 1. The COUNTY and MUNICIPALITY shall participate in the beautification of the trafficway(s) in the manner set forth in this Agreement. 2. The COUNTY shall perform the following: (a) Prepare or cause to be prepared design plans and specifications for the beautification of the traffieway(s). Such plans and specifica- tions shall be reviewed and approved by the Director of the COUNTY'S Public Works Department (hereinafter referred to as the "Director"). (b) In accordance with the approved design plans and specifications, landscape the trafficway(s) by installing along the traffictvay(s) vegetation, which may include, but is not limited to, pants, trees, shrubberies and turf, and installing irrigation systems compatible with the installed vegetation. 3. The MUNICIPALITY shall maintain the vegetation and irrigation systems installed by the COUNTY along the traffieway(s) as follows: (a) The MUNICIPALITY shall properly fertilize all vegetation; 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 traffict.•ay(s); remove and replace all vegetation which is dead or diseased or which other- wise falls below the initial level of beautification of the traffic- way(s), 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(s); and main- tain 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) The MUNICIPALITY shall pay all utility charges relating to the operation of the irrigation systems used in the beautification of the trafficway(s). (c) If the length of the traffics+•ay(s) or any portion of such length is (are) coterminous with the jurisdictional boundaries of the MUNICI- PALITY, the MUNICIPALITY shall coordinate the performance of its maintenance responsibility pursuant to this Agreement with the gov- ernmental entity or entities having jurisdiction over the adjacent area. The terms and conditions of such coordination shall be stated GCF#120-2 Rev.4/8/83 • -2- In a Memorandum of Understanding entered into by the MUNICIPAL- ITY and the adjacent governmental entity or entities and shall pro- vide for the division of maintenance responsibility and the costs of maintenance between the parties to the memorandum. The effective- ness of this Agreement is conditioned upon and is subject to such executed Memorandum of Understanding being approved by the Director. . 4. If at any time subsequent to the COUNTY'S installation of vegetation and Irrigation systems along the trafficway(s) it is determined by the Direc- tor that the MUNICIPALITY is not maintaining The beautified traffic- way(s) pursuant to the terms of this Agreement, the Director shall notify the MUNICIPALITY in writing of such deficient maintenance. If the MUNICIPALITY does not correct and improve such deficient mainte- nance within thirty (30) days of receipt of the Director's written notice, ....the COUNTY, at the option of the Director, may cause such deficiencies to be corrected and improved and bill the MUNICIPALITY for the costs of such correction and improvement. The MUNICIPALITY shall remit to the COUNTY the amount so billed within thirty (30) days of the hlUNi- CIPALITY'S receipt thereof. S. As a material consideration for the COUNTY'S entry into th's Agreement, the MUNICIPALITY agrees to indemnify, defend, save and hold harmless the COUNTY from all claims, demands, liabilities and suits of any nature whatsoever arising out of because of or due to the breach of this Agree- ment by the MUNICIPALITY, its agents, contractors or employees, or due to any act or occurrence or omission to act by the MUNICIPALITY, Its agents, contractors or employees. 6. The Director shall decide all questions, difficulties and disputes of what- ever nature which may arise under or by reason of the beautification of the trafficway(s) pursuant to the terms of this Agreement. IN WITNESS WHEREOF, the COUNTY and MUNICIPALITY 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 signing by and through duly authorized to execute same. COUNTY ATTEST: BRO6VARD COUNTY, through its BOARD OF COUNTY COT.;i. ISSIONERS County Administrator and Ex- Officio Clerk of the Board of By ' County Commissioners of Chairman Broaard County, Florida day of t 9 GCF11I20-3 - Rev.:/4/83 -3- AGREEMENT FOR TRAFFICWAYS BEAUTIFICATION BETWEEN BROWARD COUNTY AND CITY OF TAMARAC Approved as to form and legality by Office of General Counsel for Bro►tiard County, Florida SUSAN F. DELEGAL General Counsel Room 248, Courthouse Fort Lauderdale, Florida 33301 Telephone: (305) 755-5105 By Assistant General Counsel MUNICIPALITY WITNESS: CITY OF TAMARAC C. 'D By City 44awaxp&r Mayo • i - City Cle k day of 19 GCF1;720-4 Ray.4/8/E3 -4- 10