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HomeMy WebLinkAboutCity of Tamarac Resolution R-84-206r Introduced by [_- Temp. Reso. #3200 �J F� 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1 17 18 19 20 21 22 23 24 25 26 27 28 MIN 30 31 32 33 34 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R--84- A RESOLUTION AUTHORIZING THE EXECUTION OF AN AMENDED AGREEMENT WITH BROWARD COUNTY FOR REALIGNMENT AT NORTHWEST 61 STREET AND UNIVERSITY DRIVE, TAMARAC; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council, by the adoption of Resolution 84-105, approved execution of an agreement with Broward County for realignment of NW 61 Street and University Drive; and WHEREAS, the City Council wishes to amend this agreement at this time. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF TAMARAC, FLORIDA: SECTION 1: That the appropriate City officials are hereby authorized to execute an amended agreement with Broward County for realignment at Northwest 61 Street and University Drive, Tamarac, a copy of which is attached hereto as Exhibit "A" reflecting the City's contribution toward this work as a lump sum amount of $26,000.00. SECTION 2: This Resolution shall become effective immediately upon adoption. PASSED, ADOPTED AND APPROVED this v'27z( of 1984. AYOR ATTEST: 77 ASSISTANT CITY CLERK I HEREBY CERTI that I have RECORD OF COUNCIL VOTE approved the rm and correctness MAYOR: KRAVITZ DISTRICT 4: V/M STEIN DISTRICT 3: C/M STELZER DISTRICT 2: C/M MUNITZ ,. DISTRICT 1: QM DUNNE of so tion. CXY/ ATTORNEY iY 1 ILI 1 11 f A G R E E M E N T PROVIDING FOR WORK TO BE PERFORMED BY PERSONNEL OF THE c1floylk ANX6h11I►1111r'/ PUBLIC WORKS DEPARTMENT Ll C L Ll A G R E E M E N T PROVIDING FOR WORK TO BE PERFORMED BY PERSONNEL OF THE BROWARD COUNTY PUBLIC WORKS DEPARTMENT KNOW ALL MEN BY THESE PRESENTS: That BROWARD COUNTY, a Body Corporate and Politic, and a Political Subdivision of the State of Florida, hereinafter referred to simply as COUNTY, through its Board of County Commissioners, which term shall include its successors and assigns, AND The City of Tamarac a municipal corporation 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, COUNTY and CITY hereby agree as follows: ARTIrl F 1 POPAMRI F In order to establish the background, context and frame of refer- ence 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 commit- ments 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 CITY, by and through its City Council has requested assistance of the Broward County Public Works Department for channelization (realign- ment) at N.W. 61st Street and University Drive. 1.2 Broward County has the resources to do the necessary work at a cost substantially less than the CITY would have to pay if the work were to be performed without COUNTY assistance. 1.3 Broward County has adopted a policy of assisting Cities with such work subject to reimbursement as provided for herein. ARTICLE 2 DEFINITIONS AND IDENTIFICATIONS For the purposes of this Agreement and the various covenants, conditions, terms and provisions which follow, the DEFINITIONS and IDENTI- FICATIONS set forth below are assumed to be true and correct and are there- fore agreed upon by the parties. 2.1 COUNTY Broward County, a Body Corporate and Politic, and a Political Subdivi- sion of the State of Florida. 2.2 CITY City of Tamarac, a municipal corporation within the State of Florida. 2.3 WORK Channelization (realignment) at N.W. 61st Street and University Drive according to plans prepared by or on behalf of CITY and delivered by CITY to COUNTY. ADTIrl C R OBLIGATIONS OF THE PARTIES 3.1 COUNTY agrees to perform the WORK as defined in Article 2.3 of this Agreement. 3.2 COUNTY shall bill CITY at the completion of the WORK, as determined by COUNTY, the sum of Twenty-six Thousand Dollars ($26,000.00). 3.3 CITY shall pay to -COUNTY the amount billed by COUNTY within thirty (30) days of receipt of COUNTY'S bill. 3.4 CITY hereby agrees to indemnify and save harmless COUNTY, its agents and employees from and on account of any injuries or damages, received -or sustained by any person or persons during or on account of any operations connected with the WORK or by or in consequence of any negligence in connection with the WORK or in consequence of any negli- gence in connection with design of the channelization. ri -4 -2- 1 I The indemnification provided above shall obligate the CITY to defend at its own expense or to provide for such a defense, at COUNTY'S option, of any and all claims of liability and all suits and actions of every name and description that may be brought against the COUNTY, its agents or employees relating to said WORK including design work. IaRTIC'I F d GENERAL 4.1 INCORPORATION OF ALL PRIOR AGREEMENTS This document incorporates and includes all prior negotiations, corre- spondence, conversations, agreements, 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. Ac- cordingly 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 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 City Manager and duly authorized to execute same. Mavor ATI EST : C-ounty Administrator and Ex- Officio Clerk of the Board of County Commissioners of Br•oward County, Florida COUNTY BROWARD COUNTY, through its BOARD OF COUNTY COMMISSIONERS By, �' 1 K-a. Chairman =J day of 19� -3- AGREEMENT PROVIDING FOR WORK TO BE PERFORMED BY PER- SONNEL OF THE BROWARD COUNTY PUBLIC WORKS DEPARTMENT ATTEST: 1TY CLERK \ NMP:lbI A182-L 7/2/84 #83-030.01 Approved as to form and legality by Office of General Counsel for Broward County, Florida HARRY A. STEWART, General Counsel Governmental Center, Suite 423 115 South Andrews Avenue Fort Lauderdale, Florida 33301 Telephone: (305) 357-7E00 By ER CITY CITY OF TAMARAC By 7 e. OR day of 19 CI --Zi- day of '/MANAGER ige CEIC