HomeMy WebLinkAboutCity of Tamarac Resolution R-82-031Introduced by� Temp. #2127
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CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R- X- _
A RESOLUTION APPROVING AN AGREEMENT FOR
TRAFFICWAYS BEAUTIFICATION WITH BROWARD
COUNTY FOR THAT PORTION OF MCNAB ROAD
FROM UNIVERSITY DRIVE EAST TO N.W. _7Q
AVENUE; 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 and directed to execute an Agreement for Trafficways
Beautification with Broward County for that portion of McNab Road
from University Drive east to N.W. 70 Avenue.
SECTION 2: This Resolution shall become effective upon adoption.
PASSED, ADOPTED AND APPROVED this /b day of _ �,u 1982.
MAYO
ATTEST:
av'
ASSISTANT CITY CLERK
I HEREBY CERTIFY that I have
approved the form and correct-
ness of this Resolution.
TY ATTORNEY
MAYOR:
DISTRICT
DISTRICT
DISTRICT
DISTRICT
RECORD OF COUNCIL VOTE
13
AGREEMENT
FOR TRAFFICWAYS BEAUTIFICATION
BETWEEN
BROWARD COUNTY
AND
THE CITY OF TAMARAC
THIS AGR§EMENT made and entered into this .2 day of
//7�!/��i . 19 /. by and between BROWARD COUNTY, a p itical sub-
ivision o the State of Florida (hereinafter referred to as the COUNTY),
and CITY OF TAMARAC , a municipal corporation located
in Brow-a-r-T County and organized and existing under the laws of the State
of Florida (hereinafter referred to as the MUNICIPALITY);
W I T N E S S E T H:
WHEREAS, McNab Road from University
Drive to Northwest 70 Avenue
is are public trafficway(s) (hereina ter referred to as the tra ic-
way(s)") located within the municipal boundaries of the MUNICIPALITY; and
WHEREAS, it is of mutual benefit to the residents of the COUNTY
and MUNICIPALITY to beautify the trafficway(s) by landscaping; and
WHEREAS, the MUNICIPALITY by resolution of its governing body
adopted on the lOt day of Fe ruar , 1982 , has approved joint beau-
tification of t e trafficway s with the COUNTY pursuant to the terms of
this Agreement and has authorized the appropriate officers of the MUNIC-
IPALITY to execute this Agreement; and
WHEREAS, the COUNTY by action of its Board of County Commis-
sioners on the day of , 19 , has likewise approved the
joint beautification of the trafficway(s) w th the MUNICIPALITY and has
authorized the appropriate COUNTY officers to execute this Agreement;
NOW, THEREFORE,
IN CONSIDERATION of the mutual terms, conditions, promises, cov-
enants and payment hereinafter set forth, the COUNTY and MUNICIPALITY
agree as follows:
1. The COUNTY and MUNICIPALITY shall participate in the beautification
of the trafficway(s) in the manner set forth in this Agreement.
GCF#120-1
Rev. 2/26/79
-1-
2. The COUNTY shall perform the following:
(a) Prepare or cause to be prepared design plans and specifications
for the beautification of the trafficway(s). Such plans and
specifications shall be reviewed and approved by the Director
of the COUNTY'S Department of Transportation (hereinafter re-
ferred to as the "Director:).
(b) In accordance with the approved design plans and specifications,
landscape the trafficway(s) by installing along the trafficway(s)
vegetation, which may include, but is not limited to, plants,
trees, shrubberies and turf.
3. The MUNICIPALITY shall maintain the vegetation installed by the COUNTY
along the trafficway(s) as follows:
(a) The MUNICIPALITY shall properly fertilize all vegetation; keep
all vegetation as free from disease and harmful insects as prac-
ticable; 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(s); remove and replace all vegetation which is dead
or diseased or which otherwise falls below the initial level of
beautification of the trafficway(s), such replacement to be ac-
complished 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).
(b) If the length of the trafficway(s) or any portion of such length
is (are) coterminous with the jurisdictional boundaries of the
MUNICIPALITY, the MUNICIPALITY shall coordinate the performance
of its maintenance responsibility pursuant to the 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 Memorandum of Understanding entered into
by the MUNICIPALITY and the adjacent governmental entity or en-
tities and shall provide for the division of maintenance respon-
sibility and the costs of maintenance between the parties to the
memorandum. The effectiveness 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
along the trafficway(s) it is determined by the Director that the MU-
NICIPALITY is not maintaining the beautified trafficway(s) pursuant
to the terms of this Agreement, the Director shall notify the MUNIC-
IPALITY in writing of such deficient maintenance. If the MUNICIPALITY
does not correct and improve such deficient maintenance within thirty
(30) days of receipt of the Director's written notice, the COUNTY,
GCF#120-2
Rev 2/26/79 -2-
at the option of the Director, may cause such deficiencies to be cor-
rected 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 -MUNICIPAL-
ITY'S receipt thereof.
5. As a material consideration for the COUNTY'S entry into this Agree-
ment, 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 Agreement 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 whatever nature which may arise under or by reason of the beauti-
fication 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 C irman, authorized to execute same by Board action on the
= day of .0 :. , 19 OA, and CITY -OF TAMARAC
signing by and t rough i is Rayor, Walter W. Falck
COUNTY
ATTZBT : _
CCou y A-dministraUUr and Ex-
Officio Clerk of the Board of
County Commissioners of
Broward County, Florida
BROWARD COUNTY, through its
BOARD OF COUNTY COMMISSIONERS
By C k..a. -, j-, 0,
Chairman
7 L, day of 19
GCF#120-3
Rev 2/26/79 -3-
No Text
WITNESS:
GCF#120-4
Rev 2/26/79
This document prepared by
Office of General Counsel
for Broward County, Florida --
HARRY A STEWART
General Counsel
Room 248, Courthouse
Fort Lauderdale, Florida 33301
-�-
Assistant General Counsel
MUNICIPALITY
CITY OF TAMARAC, FLORIDA
By
a e a c ayor
00,
//day of��-
-4-
No Text