HomeMy WebLinkAboutCity of Tamarac Resolution R-84-105Introduced by Temp. #k3095
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CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-84-,0
A RESOLUTION AUTHORIZING THE EXECUTION
OF AN AGREEMENT WITH BROWARD COUNTY FOR
REALIGNMENT AT NORTHWEST 61 STREET AND
UNIVERSITY DRIVE, TAMARAC; 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 Broward County for
realignment at Northwest 61 Street and University Drive,
Tamarac, a copy of which is attached hereto as Exhibit "A".
SECTION 2: This Resolution shall become effective
immediately upon
adoption.
PASSED, ADOPTED
AND APPROVED
this //- day of
D
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V�'gi
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i'M
ATTEST:
ASSISTANT CITY CLERK
I HEREBY CERTIFY that I have approved
the form and correctness of this
RESOLUTION. r
ATTORNEY
or,w •
MAYOR
,1984.'
RECORD OF COUNCIL VOTE
MAYOR:
KRAVITZ O-7�
DISTRICT 4;
VIM STEIN �eJ
DISTRICT 3:
C/M STELZER
DISTRICT 2:
C/M MUNITZ GLS�
DISTRICT 1:
CIM DONNE
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A G R E E M E N T
PROVIDING FOR
WORK TO BE PERFORMED
BY PERSONNEL OF THE
BROWARD COUNTY
PUBLIC WORKS DEPARTMENT
MATERIALS CHARGE ONLY
GCF#18A-1
4/8/83 -1-
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MAR ae1%n 1J
TAMARAC CITY ENGINEER
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,
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:
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PREAMBLE
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.
GCF#18A-2
4/8/83 -2-
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
A
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.
n oTir^I C: A2
OBLIGATIONS OF THE PARTIES
3.1 COUNTY agrees to perform the WORK as defined in Article 2.3 of this
Agreement.
3.2 COUNTY agrees to keep records of its actual costs for materials in
performing the WORK and shall make such records available to CITY
upon request.
3.3 COUNTY shall bill CITY at the completion of the WORK for all of
COUNTY'S actual costs for materials incurred during the performance of
the WORK. Labor and equipment shall be provided at no cost to CITY.
3.4 CITY shall pay to COUNTY the amount billed by COUNTY within thirty
(30) days of receipt of COUNTY'S bill.
3.5 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.
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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.
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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 ,
signing by and through its duly authorized to execute same.
ATTEST:
COUNTY
BROWARD COUNTY, through its
BOARD OF COUNTY COMMISSIONERS
County Administrator and Ex-
Officio Clerk of the Board of By
County Commissioners of
Broward County, Florida
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day of
Chairman
19
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Approved as to form and legality by
Office of General Counsel
for Broward County, Florida
EA1W A. STEWART, General Counsel
Roam 2148, Broward County Courthouse
201 Southeast 6th Street
Fort Lauderdale, Florida 33301
Telephone: (305) 765-5105
BY: JAM A. THOMAS,
Assistant General Counsel
CITY
ATIEf : CITY C(F TAMARAC
By
�CITY
`_ �• • . 1' '�'
MAYOR VI
Approved• Form z
and Legality:
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day of
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1984.
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