HomeMy WebLinkAboutCity of Tamarac Resolution R-2021-003 Temp. Reso. 13543
January 27, 2021
Page 1
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CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R- 2021 — t '_>
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF TAMARAC, FLORIDA AUTHORIZING
THE APPROPRIATE CITY OFFICIALS TO EXECUTE
REVOCABLE LICENSE AGREEMENTS AS
ATTACHED AS EXHIBIT "1" AND EXHIBIT "2" WITH
BROWARD COUNTY, FLORIDA PENDING
APPROVAL AND EXECUTION BY BROWARD
COUNTY FOR THE ENTRY SIGNS THAT WILL BE
LOCATED IN A BROWARD COUNTY RIGHTS-OF-
WAY ON ROCK ISLAND ROAD, APPROXIMATELY
610 FEET NORTH OF THE CENTERLINE OF NW
44TH STREET AND ON WEST PROSPECT ROAD,
APPROXIMATELY 230 FEET WEST OF NW 17TH
AVENUE WITHIN THE JURISDICTIONAL
BOUNDARIES OF THE CITY OF TAMARAC;
1111 AUTHORIZING THE APPROPRIATE CITY OFFICIALS
TO EXECUTE THE REVOCABLE LICENSE
AGREEMENTS AND TO TAKE ALL ACTIONS
NECESSARY TO IMPLEMENT SAID AGREEMENTS;
PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, The City of Tamarac has an existing contract with Baron Sign
Manufacturing, a Florida Corporation, for the fabrication and installation of the City's
Comprehensive Signage Program; and
WHEREAS, the planned gateway entry signs shall be located within Broward
County median rights-of-way, and Broward County requires the City to enter into a
Revocable License Agreement (RLA) prior to issuing permits for any sign to be
411 installed within their right-of-way; and
Temp. Reso. 13543 •
January 27, 2021
Page 2
WHEREAS, as part of the approval process, Broward County requires the City to
pass a resolution stating that the City Commission of the City of Tamarac approves the
project and agrees to fund all costs for the design, installation and maintenance of the
project; and
WHEREAS, the City Commission of the City of Tamarac deems it be in the best
interest of the citizens and residents of the City of Tamarac to approve the project, and
authorize the City Manager to execute a Revocable License Agreement (RLA),
allowing the City to install the two (2) gateway entry signs within a Broward County
right-of-way per the attached RLAs, copies of which are attached hereto as Exhibit "1"
and Exhibit "2" and made a specific part of this Resolution.
11111
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA:
Section 1: The foregoing "WHEREAS" clauses are HEREBY ratified and
confirmed as being true and correct and are HEREBY made a specific part of this
Resolution upon adoption hereof and all exhibits referenced and attached hereto are
incorporated herein and made a specific part of this Resolution.
Section 2: The City Commission HEREBY approves Revocable License
Agreements (RLA) between the City of Tamarac and Broward County and the
appropriate City Officials are HEREBY authorized to execute two (2) Revocable License
Agreements between the City of Tamarac and Broward County, and are hereto •
Temp. Reso. 13543
January 27, 2021
Page 3
11111
attached as Exhibit "1" and Exhibit "2" for entry signs located on Rock Island Road,
approximately 610 feet north of the centerline of NW 44th Street and on West Prospect
Road, approximately 230 feet west of NW 17th avenue.
Section 3: All Resolutions or parts of Resolutions in conflict herewith are hereby
repealed to the extent of such conflict.
Section 4: If any clause, section, other part or application of this Resolution is
held by any court of competent jurisdiction to be unconstitutional or invalid, in part or in
application, it shall not affect the validity of the remaining portions or applications of this
Resolution.
• "The remainder of this page intentionally left blank"
•
Temp. Reso. 13543 '
January 27, 2021
Page 4
III
Section 5: This Resolution shall become effective immediately upon its passage
and adoption.
PASSED, ADOPTED AND APPROVED this �1 day of can tAa-/r j , 2021.
6,-,44(-7,
`` ,,
���i,iirr,,��� MIC LLEJ. GOM
�.� O Is TA r7;r %, MAYOR
•ATTEST: , '_ • .i.
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Cam-
JENNIF R JOHN SON,,CM 4,,, -''
CITY CLERK
` O 4�KC`{\`\\ RECORD OF COMMISSION VOTE:
rrili i�\\ MAYOR GOMEZ -l%
DIST 1: COMM. BOLTON
DIST 2: COMM.GELIN ieo
?_ •
DIST 3: V/M VILLALOBOS
DIST 4: COMM. PLACKOe,0
I HEREBY CERTIFY that I have
approved this Resolution as
tofo r ,
Jilt
H; S �TTINC y
TERIM CITY A ORI
4111
Exhibit 1
. Return recorded copy to:
Broward County Highway Construction&
Engineering Division
1 North University Drive, Suite 300B
Plantation, FL 33324-2038
Document reviewed by:
Israel Fajardo
Assistant County Attorney
115 S.Andrews Avenue, Room 423
Fort Lauderdale, FL 33301
REVOCABLE LICENSE AGREEMENT BETWEEN BROWARD COUNTY AND THE CITY OF TAMARAC
This Revocable License Agreement ("Agreement") between Broward County ("County"), a
political subdivision of the State of Florida, and the City of Tamarac ("City"), a municipal
corporation organized and existing under the laws of the State of Florida (collectively, the
"Parties"), is entered into and effective as of the date this Agreement is fully executed by the
Parties(the "Effective Date").
• RECITALS
A. The revocable license area, as set forth in Exhibit A, is a right-of-way located on
Rock Island Road (the "Revocable License Area");
B. The County owns and controls the Revocable License Area and Rock Island Road;
C. City seeks and County is amenable to City's nonexclusive access and use of the
Revocable License Area to make certain improvements in the Revocable License Area,as set forth
in Exhibit B (the "Improvements"), and to maintain and repair the Improvements, as set forth in
Exhibit C (the "Maintenance Obligations");
D. The Improvements and maintenance thereof will benefit the residents of both
County and City; and
E. City has authorized the appropriate municipal officers to execute this Agreement.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged,the Parties agree as follows:
•
Revocable License Agreement with City of Tamarac Page
1of11
Exhibit 1
SECTION 1. DEFINITIONS
1.1. Approved Plans means the construction documents and specifications depicting and
defining the Improvements, including all materials to be installed in the Revocable License Area
as referenced in the plans submitted to and approved by the Contract Administrator, and filed
under Project Reference Number 181008503.
1.2. Board means the Board of County Commissioners of Broward County, Florida.
1.3. Contract Administrator means the Director of the Broward County Highway Construction
and Engineering Division, or designee.
1.4. County Administrator means the administrative head of County as appointed by the
Board.
1.5. County Attorney means the chief legal counsel for County,as appointed by the Board.
1.6. Division means the Broward County Highway Construction and Engineering Division.
SECTION 2. GRANT OF REVOCABLE LICENSE
2.1. County hereby grants to City a revocable license for nonexclusive access and use of the
Revocable License Area solely for the purposes of making the Improvements, performing the
Maintenance Obligations, and taking other actions as may be required by this Agreement. The
• Improvements must meet County's Minimum Standards Applicable to Public Right-of-Way Under
Broward County Jurisdiction as described in Exhibit 25.A of the Broward County Administrative
Code.
2.2. Other than for the purposes identified in this Agreement,City may not use the Revocable
License Area for any other purpose whatsoever without written amendment of this Agreement
executed with the same formalities as this Agreement. City may not permit the Revocable
License Area to be used in any manner that will violate the terms of this Agreement or any laws,
administrative rules, or regulations of any applicable governmental entity or agency.
2.3. County shall have full and unrestricted access to the Revocable License Area at all times.
2.4. This Agreement is merely a right to access and use and grants no estate in the Revocable
License Area to City or any other party.
SECTION 3. CITY'S OBLIGATIONS
3.1. City shall make application to the Division for a permit to perform the Improvements as
set forth in the Approved Plans. City may not proceed with the Improvements until all permits
have been issued and all permit conditions for commencement of the Improvements have been
satisfied.
3.2. The City may not make any alterations to the Improvements without first obtaining a
permit from the Division and the written approval of the Contract Administrator for such
alterations.
Revocable License Agreement with City of Tamarac Page
2 of 11
Exhibit 1
3.3. The City shall make the Improvements at its own expense and in accordance with the
Approved Plans and to the Contract Administrator's satisfaction. City shall not be entitled to any
compensation from County for making the Improvements.
3.4. Following City's installation of the Improvements and County's approval of same (as set
forth in Section 4), City shall provide County with signed and sealed certified as-built drawings
and warranties for all work performed as set forth in the Approved Plans.
3.5. Once the Improvements have been made,City shall perform the Maintenance Obligations
at its own expense and in accordance with the requirements set forth in Exhibit C. As part of the
Maintenance Obligations, City shall keep the Improvements and the Revocable License Area
clean, sanitary, and in good condition consistent with industry-standard maintenance standards
and techniques. The Maintenance Obligations shall include all repair and replacement of
materials due to any cause, including but not limited to normal wear and tear, acts of God,
vandalism, and accidents. City shall promptly replace all defective or unsightly materials, as well
as any materials that the Contract Administrator determines, in his/her reasonable discretion,
should be replaced for safety reasons or because such materials would interfere with any County
property or County operations. All replacements must be approved in writing by the Contract
Administrator.
3.6. If City takes any action or makes any omission that causes or results in alterations or
damage to County property, City shall, at its own expense, restore such property to its condition
• before the alterations or damages. If City fails to make such restoration within thirty (30)
calendar days after County's request, County may make the restoration,and then invoice the City
for the costs thereof. City shall pay such invoice within thirty(30) calendar days after receipt.
3.7. If City takes any action or makes any omission that causes or results in alterations to the
Revocable License Area (or any materials on the Revocable License Area), which alterations are
not specified in the Approved Plans, City shall, at its own expense, restore the Revocable License
Area to its condition before the alterations were made, or to such condition as approved in
writing by the Contract Administrator. If City fails to make such restoration within thirty (30)
calendar days after County's request,County may make the restoration,and then invoice the City
for the costs thereof. City shall pay such invoice within thirty(30) calendar days after receipt.
3.8. If City takes any action or makes any omission that causes or results in damage to the
Revocable License Area (or any materials on the Revocable License Area), City shall, at its own
expense, repair such damage. If City fails to make such repairs within thirty(30) calendar days
after County's request, County may make the repairs, and then invoice the City for the cost
thereof. City shall pay such invoice within thirty(30) calendar days after receipt.
3.9. If the Revocable License Area is serviced by any utilities (including but not limited to
electricity,water, sewage, or gas), City shall be solely responsible for the cost of such utilities.
3.10. If the License Area contains an irrigation or water pump system, City shall maintain and
repair same in compliance with the requirements set forth in Exhibit C and all applicable rules
and regulations of the South Florida Water Management District.
• 3.11. City shall provide the Contract Administrator with immediate verbal notice, followed by
Revocable License Agreement with City of Tamarac Page
3 of 11
Exhibit 1
• written notice (in the manner set forth in Section 7 of this Agreement), of any condition on the
Revocable License Area that might present a risk of damage to the Revocable License Area or
adjacent property, or might pose a risk of injury to any person.
3.12. City shall also provide the Contract Administrator with immediate verbal notice,followed
by prompt written notice(in the manner set forth in Section 7 of this Agreement),of any damage
to the Revocable License Area or any injury to any person on the Revocable License Area.
3.13. City may retain a third party to make the Improvements and/or perform the Maintenance
Obligations. If City retains a third party for such purpose(s),City shall enter into a written contract
with the third party under which the third party agrees to make the Improvements and/or
perform the Maintenance Obligations in accordance with the requirements of this Agreement.
City shall provide the Contract Administrator with a copy of any such contract(s).
Notwithstanding City's use of any third party, City shall remain obligated to make the
Improvements and perform the Maintenance Obligations if the third party does not. City may
not relieve itself of any of its obligations under this Agreement by contracting with a third party.
SECTION 4. COUNTY'S OBLIGATIONS
4.1. County shall review the Approved Plans to determine whether to issue a permit for the
Approved Plans and shall issue a permit only if the Approved Plans comply with all applicable
County permitting requirements.
• 4.2. County shall inspect the Improvements and may reject work that does not conform to the
Approved Plans.
4.3. After receiving signed and sealed certified as-built drawings that the Improvements are
in conformance with the Approved Plans, and receiving request for a final inspection, County
shall perform a final inspection of the Improvements and notify City of County's final approval or
rejection of the Improvements.
4.4. County shall have no further obligations under this Agreement other than those stated in
this Section but may exercise any and all rights it has under this Agreement.
SECTION 5. RISK OF LOSS
All Improvements not permanently affixed to the Revocable License Area shall remain the
property of City, and all risk of loss for the Improvements (whether permanently affixed or not)
shall be City's risk alone. However, City may not remove, replace or alter any of the
Improvements without the Contract Administrator's written consent and any required
permitting.
SECTION 6. TERM AND TERMINATION
6.1. This Agreement shall begin on the Effective Date and continue in perpetuity unless
terminated as provided in this Section.
6.2. This Agreement may be terminated for cause by County if City breaches any of its
• obligations under this Agreement and has not corrected the breach within thirty (30) calendar
Revocable License Agreement with City of Tamarac Page
4 of 11
Exhibit 1
• days after receipt of written notice identifying the breach. County may, at the option of the
Contract Administrator, cause such breach to be corrected and invoice City for the costs of the
correction or may terminate this Agreement. If County opts to correct the breach and invoice
City for the costs of correction, City shall pay such invoice within thirty (30) calendar days after
receipt. If County erroneously, improperly, or unjustifiably terminates for cause, such
termination shall, at County's sole election, be deemed a termination for convenience, which
shall be effective thirty(30)calendar days after such notice of termination for cause is provided.
6.3. This Agreement may be terminated for convenience by the Board. Termination for
convenience by the Board shall be effective on the termination date stated in the written notice
provided by County to City,which termination date shall not be less than thirty(30)calendar days
after the date of such written notice.
6.4. This Agreement may also be terminated by the County Administrator upon such notice
as the County Administrator deems appropriate if the County Administrator determines that
termination is necessary to protect the public health or safety. Termination under this section
shall be effective on the date County provides notice to the City of such termination.
6.5. Upon termination of this Agreement, City shall peaceably surrender its use of the
Revocable License Area.
6.6. If County terminates this Agreement, City shall remove all Improvements, materials and
equipment installed or placed in the Revocable License Area by City, unless the Contract
illAdministrator, in writing, authorizes City to leave any such Improvements, materials, or
equipment in the Revocable License Area. In addition, City shall be obligated to any repair
damage to the Revocable License Area resulting from the removal of any Improvements,
materials and equipment. If City fails to comply these removal and/or repair obligations within
thirty (30) days of termination, County may perform them, and then invoice City for the cost
thereof. City shall pay the invoice within thirty (30)calendar days after receipt.
6.7. If County terminates this Agreement, City shall restore the Revocable License Area to its
condition before the Improvements or to such condition as approved in writing by the Contract
Administrator. If City fails to make such restorations within thirty (30) days of termination,
County may make them and then invoice City for the costs thereof. City shall pay such invoice
within thirty(30)calendar days after receipt.
6.8. County shall have no obligation to compensate City for any loss resulting from or arising
out of the termination of this Agreement.
6.9. If tree mitigation is required as a result of termination of this Agreement,City must obtain
a Broward County Environmental Licensing and Building Permitting Division, Tree Preservation
Program Agreement required by Chapter 27, Article XIV, Sections 27-401 through 27-414 of the
Broward County Tree Preservation and Abuse Ordinance, as may be amended from time to time,
to provide for relocation, removal, and replacement per the tree removal Agreement
requirements at City's sole cost and expense.
• 6.10. Notice of termination shall be provided in accordance with the Section 7 of this
Agreement, except that notice of termination by the County Administrator, pursuant to Section
Revocable License Agreement with City of Tamarac Page
5 of 11
Exhibit 1
411 6.4 of this Agreement may be verbal notice that shall be promptly confirmed in writing in
accordance with Section 7 of this Agreement.
SECTION 7. NOTICES
Whenever either party desires or is required to give notice to the other,such notice must be in
writing, sent by certified United States Mail, postage prepaid, return receipt requested,or sent
by commercial express carrier with acknowledgement of delivery, or by hand-delivery with a
request for a written receipt of acknowledgment of delivery,together with a contemporaneous
email, addressed to the party for whom it is intended at the place last specified in this Section.
The manner in which and persons to whom notice shall be provided will remain the same unless
and until changed in writing in accordance with this Section. The Parties respectively designate
the following persons for receipt and issuance of notice:
FOR COUNTY:
Director, Broward County Highway Construction and Engineering Division
One North University Drive,Suite 300B
Plantation, Florida 33324-2038
Email: bterrier@broward.org
FOR CITY:
Michael C. Cernech, City Manager
• City of Tamarac
7525 NW 88th Avenue
Tamarac, FL 33321 Email:_Michael.Cernech@tamarac.org
SECTION 8. INDEMNIFICATION
8.1. County and City are entities subject to Section 768.28, Florida Statutes, as may be
amended from time to time, and agree to be fully responsible for the negligent or wrongful acts
and omissions of their respective agents or employees to the extent permitted by law. Nothing
herein is intended to serve as a waiver of sovereign immunity by any party to which sovereign
immunity may be applicable. Nothing herein shall be construed as consent by either party to be
sued by third parties in any matter arising out of this Agreement or any other contract.
8.2. If City contracts with a third party to perform any of City's obligations under this
Agreement, City shall enter into a contract with such third party, which contract shall include
the following provision:
Indemnification: Contractor shall indemnify and hold harmless Broward County, and all
of Broward County's current,future,and former officers,agents,servants,and employees
(collectively,"Indemnified Party")from and against any and all causes of action,demands,
claims, losses, liabilities, and expenditures of any kind, including attorneys' fees, court
costs, and expenses (collectively, a "Claim"), raised or asserted by any person or entity
• not a party to this Agreement, which Claim is caused or alleged to be caused in whole or
in part, by any intentional, reckless,or negligent act or omission of contractor, its current
Revocable License Agreement with City of Tamarac Page
6 of 11
Exhibit 1
• or former officers, employees, agents, servants or assigns, arising from, relating to, or in
connection with this Agreement. If any Claim is brought against an Indemnified Party,
contractor shall, at its own expense, upon written notice from Broward County, defend
each Indemnified Party against each such Claim by counsel satisfactory to Broward
County, or, at the option of Broward County, pay for an attorney selected by the County
Attorney to defend the Indemnified Party.
8.3. The provisions of this Section 8 shall survive the expiration or earlier termination of this
Agreement.
SECTION 9. INSURANCE
9.1. City is a governmental entity and is fully responsible for the negligent or wrongful acts
and omissions of its agents or employees,subject to any applicable limitations of Section 768.28,
Florida Statutes.
9.2. Within five (5) calendar days after request by County, City must provide County with
written verification of liability protection that meets or exceeds any requirements of Florida law.
If City holds any excess liability coverage, City must ensure that Broward County is named as an
additional insured and certificate holder under such excess liability policy and provide evidence
of same to County.
9.3. If City maintains broader coverage or higher limits than the minimum coverage required
• under Florida law, County shall be entitled to such broader coverage and higher limits on a
primary and non-contributory basis.
9.4. The foregoing requirements shall apply to City's self-insurance,if any.
9.5. If City contracts with one or more third parties to perform any of City's obligations set
forth herein, City shall require that each third party procure and maintain insurance coverage
that adequately covers the third party's exposure based on the services provided by that third
party (and any subcontractors retained by the third party). City must ensure that all such third
parties name "Broward County, Florida" as an additional insured and certificate holder under
the applicable insurance policies. City shall not permit any third party to provide services
required by this Agreement until the insurance requirements of the third party under this
Section are met. If requested by County, City shall furnish evidence of all insurance required by
this Section.
9.6. County reserves the right to periodically review any and all insurance policies required
by this Agreement and to reasonably adjust the limits and/or types of coverage required herein,
from time to time throughout the term of this Agreement.
SECTION 10. MISCELLANEOUS
10.1. Independent Contractor. City is an independent contractor under this Agreement. In
performing under this Agreement, neither City nor its agents shall act as officers,employees, or
agents of County. City has no power or right to bind County to any obligation not expressly
• undertaken by County under this Agreement.
Revocable License Agreement with City of Tamarac Page
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Exhibit 1
• 10.2. Third Party Beneficiaries. Neither City nor County intends to directly or substantially
benefit a third party by this Agreement. Therefore, the Parties acknowledge that there are no
third-party beneficiaries to this Agreement and that no third party shall be entitled to assert a
right or claim against either of them based upon this Agreement.
10.3. Assignment and Performance. Neither this Agreement nor any right or interest herein
may be assigned, transferred, or encumbered by City without the prior written consent of
County, which consent may be withheld in County's sole discretion. City represents that each
person and entity that will perform services under this Agreement is duly qualified to perform
such services by all appropriate governmental authorities, where required, and is sufficiently
experienced and skilled in the area(s) for which such person or entity will render services. City
agrees that all services under this Agreement will be performed in a skillful and respectful
manner, and that the quality of all such services will equal or exceed prevailing industry
standards for the provision of such services.
10.4. Materiality and Waiver of Breach. Each requirement, duty, and obligation set forth
herein was bargained for at arm's-length and is agreed to by the Parties. Each requirement,
duty, and obligation set forth herein is substantial and important to the formation of this
Agreement, and each is, therefore, a material term hereof. County's failure to enforce any
provision of this Agreement will not be deemed a waiver of such provision or modification of
this Agreement. A waiver of any breach of a provision of this Agreement will not be deemed a
waiver of any subsequent breach and will not be construed to be a modification of the terms of
. this Agreement.
10.5. Compliance with Laws. City shall comply with all applicable federal,state, and local laws,
codes, ordinances, rules, and regulations in performing its duties, responsibilities, and
obligations pursuant to this Agreement.
10.6. Entire Agreement. This Agreement constitutes the entire agreement between the
Parties with respect to its subject matter. It may not be modified or terminated except as
provided in this Agreement. If any provision is deemed invalid by a court of competent
jurisdiction, it shall be considered severed from this Agreement, and such severance shall not
invalidate the remaining provisions.
10.7. Joint Preparation.This Agreement has been jointly prepared by the Parties and will not
be construed more strictly against either party.
10.8. Interpretation. The headings contained in this Agreement are for reference purposes
only and do not affect in any way the meaning or interpretation of this Agreement. All personal
pronouns used in this Agreement include the other gender,and the singular includes the plural,
and vice versa, unless the context otherwise requires. Terms such as "herein," "hereof,"
"hereunder," and "hereinafter," refer to this Agreement as a whole and not to any particular
sentence, paragraph, or section where they appear, unless the context otherwise requires.
Whenever reference is made to a section of this Agreement, such reference is to the section as
a whole, including all of the subsections of such section, unless the reference is made to a
• particular subsection.
Revocable License Agreement with City of Tamarac Page
8 of 11
Exhibit 1
• 10.9. Priority of Provisions. If there is a conflict or inconsistency between any term,statement,
requirement, or provision of any Exhibit attached hereto or referenced or incorporated herein
and any provision in this Agreement, the provisions contained in this Agreement shall prevail
and be given effect.
10.10. Law, Jurisdiction, Venue, Waiver of Jury Trial. This Agreement will be interpreted and
construed in accordance with and governed by the laws of the state of Florida.The Parties agree
that the exclusive venue for litigation arising from, related to, or in connection with this
Agreement shall be in the state courts of the Seventeenth Judicial Circuit in and for Broward
County, Florida. If any claim arising from, related to, or in connection with this Agreement must
be litigated in federal court,the Parties agree that the exclusive venue for such lawsuit shall be
in the United States District Court or United States Bankruptcy Court for the Southern District
of Florida. BY ENTERING INTO THIS AGREEMENT, CITY AND COUNTY HEREBY EXPRESSLY
WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION
RELATED TO THIS AGREEMENT.
10.11. Amendments. No modification, amendment, or alteration in the terms or conditions
contained herein will be effective unless contained in a written document prepared with the
same or similar formality as this Agreement and executed by the Parties.
10.12. Incorporation by Reference.Any and all Recital clauses stated above are true and correct
and are incorporated by reference.The attached Exhibits are incorporated into and made a part
• of this Agreement.
10.13. Representation of Authority. Each individual executing this Agreement on behalf of a
party represents and warrants that he or she is,on the date he or she signs this Agreement,duly
authorized by all necessary and appropriate action to execute this Agreement on behalf of such
party and does so with full legal authority.
10.14. Counterparts and Multiple Originals. This Agreement may be executed in multiple
originals,and may be executed in counterparts, each of which will be deemed to be an original,
but all of which,taken together, will constitute one and the same Agreement.
10.15. Nondiscrimination. No party to this Agreement may discriminate on the basis of race,
color, sex, religion, national origin, disability, age, marital status, political affiliation, sexual
orientation, pregnancy, or gender identity and expression in the performance of this
Agreement.
10.16. Time of the Essence. Time is of the essence for City's performance of all obligations
under this Agreement.
•
Revocable License Agreement with City of Tamarac Page
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Exhibit 1
• IN WITNESS WHEREOF, the Parties hereto have made and executed this Agreement: BROWARD
COUNTY through its BOARD OF COUNTY COMMISSIONERS, signing by and through its Mayor or
Vice-Mayor, authorized to execute same by Board action on the day of
, 20_,and City of ,signing by and through its
, duly authorized to execute same.
COUNTY
ATTEST: BROWARD COUNTY, by and through
its Board of County Commissioners
By
Broward County Administrator, as Mayor/Vice-Mayor
ex officio Clerk of the Broward County
Board of County Commissioners day of , 20_
Approved as to form by
Andrew J. Meyers
Broward County Attorney
Governmental Center,Suite 423
• 115 South Andrews Avenue
Fort Lauderdale,Florida 33301
Telephone: (954) 357-7600
Telecopier: (954) 357-7641
By
Israel Fajardo (Date)
Assistant County Attorney
By
Michael J. Kerr (Date)
Deputy County Attorney
•
Revocable License Agreement with City of Tamarac Page
10 of 11
Exhibit 1
SREVOCABLE LICENSE AGREEMENT BETWEEN BROWARD COUNTY AND THE CITY OF
TAMARAC
CITY OF TAMARAC
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Revocable License Agreement with City of Tamarac Page
11 of 11
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LEGEND
REVOCABLE LICENSE AREA IN THE MEDIAN OF ROCK ISLAND ROAD
APPROXIMATELY 610 FEET NORTH OF THE CENTERLINE OF NW 44TH STREET
• SHEET 1 OF 1
Scale: Drawn by: Date: Checked by: Date: File Location:
Not To Scale JAT 12-29-20 CAD 12-29-20 E:\RW\Location Maps\AGREEMENTS\RLA-2018-10.dwg
BROWARD COUNTY HIGHWAY CONSTRUCTION & ENGINEERING DIVISION/
EXHIBIT'A' SKETCH AND DESCRIPTION
• CITY OF TAMARAC ENTRANCE SIGN
ROCK ISLAND ROAD (A BROWARD COUNTY ROAD)
CITY OF TAMARAC, BROWARD COUNTY, FLORIDA
SECTION 14, TOWNSHIP 49 SOUTH, RANGE 41 EAST
SHEET 1 OF 2
LEGAL DESCRIPTION
A PARCEL OF LAND BEING A PORTION OF THE SOUTHEAST QUARTER OF SECTION 14, TOWNSHIP 49 SOUTH,
RANGE 41 EAST,BROWARD COUNTY,FLORIDA,SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCE AT THE EAST QUARTER CORNER OF SAID SECTION 14; THENCE S01°30'20"E ALONG THE EAST LINE
OF SAID SECTION 14 A DISTANCE OF 2016.48 FEET; THENCE S88°29'40"W LEAVING SAID EAST LINE 3.72 FEET TO
THE TRUE POINT OF BEGINNING; THENCE S00°16'36"E 20.00 FEET; THENCE S89°43'24'W 10.00 FEET; THENCE
N00°16'36"W 20.00 FEET; THENCE N89°43'24"E 10.00 FEET TO THE POINT OF BEGINNING.
SAID LANDS SITUATE AND BEING WITHIN THE CITY OF TAMARAC,BROWARD COUNTY, FLORIDA,CONTAINING
200 SQUARE FEET,MORE OR LESS.
SURVEYORS'NOTES:
1.1 HEREBY CERTIFY THIS SURVEY MEETS STANDARDS OF PRACTICE
PURSUANT TO SECTION 472.027,FLORIDA STATUTES.
2. THE SURVEY MAP AND REPORT AND THE COPIES THEREOF ARE NOT
VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A
FLORIDA LICENSED SURVEYOR AND MAPPER.
3.UNDERGROUND OR OBSCURED IMPROVEMENTS WERE NOT LOCATED.
• 4.DIMENSIONS ARE RECORD AND FIELD UNLESS OTHERWISE NOTED.
5. STATED DIMENSIONS TAKE PRECEDENCE OVER SCALED DIMENSIONS.
6. THIS FIRM'S CERTIFICATE OF AUTHORIZATION NUMBER IS LB 8261.
7.ADDITIONS OR DELETIONS TO SURVEY MAPS OR REPORTS BY OTHER THAN THE SIGNING
PARTY OR PARTIES IS PROHIBITED WITHOUT WRITTEN CONSENT OF THE SIGNING PARTY OR PARTIES.
8.SURVEY SUBJECT TO RESERVATIONS,RESTRICTIONS,EASEMENTS AND RIGHTS-OF-WAY OF RECORD.
9.BEARINGS BASED ON THE EAST LINE OF SECTION 14.
BEARINGS AND COORDINATES SHOWN HEREON ARE GRID
DATUM=NAD 83, 1990 ADJUSTMENT
ZONE=FLORIDA EAST
LINEAR UNITS=U.S.SURVEY FOOT
COORDINATE SYSTEM= 1983 STATE PLANE TRANSVERSE MERCATOR PROJECTION.
THIS IS NOT A SURVEY
LEGEND
(,.."`\\N a. POB=POINT OF BEGINNING
721. POC=POINT OF COMMENCEMENT
7211 CCR=CERTIFIED CORNER RECORD
RD.=ROAD
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PROFS� ,,, VYOR AND MAPPER
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j'PMS\ SURVEYING, Inc.
S19100776 COMMENTS DW 05-29-20 , r LICENSED
4546 BUSINESSCAMBRIDGE No.STREET 8261
COMMENTS DW 01-20-20 �j�1 � J
BOUNDARY SURVEY SP DW 11-19-19 `► WEST PALM BEACH,FL 33415
• JOB# PURPOSE FIELD DRAFT DATE OFFICE 561-478-7764
SHEET 2 OF 2 PoC1
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CORNER SECTION 14 a ��
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,ePIVISI SURVEYING, Inc.
LICENSED BUSINESS No. 8261
*�� 4546 CAMBRIDGE STREET
1 INCH = 20 FT. ` , WEST PALM BEACH,FL 33415
OFFICE 561-478-7764
i
• EXHIBIT B
PROJECT DESCRIPTION:
The project consists of installing a municipal gateway entry/monument sign, including
electrical, photo-cell operation to illuminate the sign in the Broward County median right-of-
way on Rock Island Road, approximately 610 feet north of the centerline of NW 44th Street.
The new sign shall display the City's approved design in keeping with the City of Tamarac's
Comprehensive Signage Program.
All landscaping shall be properly installed, maintained and fertilized in accordance with the
Broward County NatureScape program and Florida-Friendly Landscaping principles.
Broward County NatureScape program information can be found at:
http://www.broward.orq/NatureScape/Pages/Default.aspx
Florida-Friendly Landscaping principles and information can be found at:
http://floridayards.org
II. LOCATION:
The gateway entry/monument sign will be located in the sodded center median on Rock
Island Road, approximately 610 feet north of the centerline of NW 44th Street within the City
of Tamarac's city limits. Please refer to attached Exhibit A for Location Map and Sketch &
Legal Description.
• III. PLACEMENT:
The city gateway entry/monument sign will be installed in the center of the 12'-5"wide
median, at a minimum clearance distance of 4'-0" from edge of sign to existing "F" curb. The
sign will be approximately 4'-2" wide x 6'-0" tall, with multi-directional break-away post (5"
outside diameter round) base assembly (Schedule 40 Aluminum) in accordance with FDOT
standards. The sign will be double-sided, stating "Welcome to Tamarac" on the front and
"Thank you for Visiting the City of Tamarac" on the rear. It shall include electrical work for
internal illumination.
IV. MAINTENANCE:
The City of Tamarac will be responsible for the maintenance of the city's gateway
entry/monument sign in accordance with the Revocable License Agreement.
V. CONSTRUCTION SCHEDULE:
The construction of the sign will commence upon receipt of Broward County Highway
Construction and Engineering Division permit (Project Reference Number 181008503). City of
Tamarac has contracted with Baron Sign Manufacturing to perform the installation of its
gateway entry/monument sign. A City of Tamarac inspector will conduct all inspections, in
accordance with City's permitting requirements. Accordingly, notification shall be provided to
Broward County prior to each inspection as an invitation for inspection on the project.
A full-sized set of plans are on file with the Broward County Highway Construction and
Engineering Division under Project Reference No. 181008503.
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EXHIBIT C
Broward County Highway Construction and Engineering Division
Revocable License Agreement Minimum Maintenance Performance Requirements
General Requirements
City hereby agrees to provide landscape maintenance in the Revocable License Area as
described herein and in accordance with all articles of this Agreement. The specifications
herein are the minimum standards and do not prevent the City from performing any
additional measures necessary to ensure proper landscape maintenance. The City shall
care and maintain all installed landscape, irrigation, and any decorative specialty
hardscape treatments placed in the Revocable License Area. City shall:
• Properly fertilize all vegetation.
• Keep all vegetation as free from disease and harmful insects as possible.
• Properly mulch the vegetation beds and keep them free from weeds.
• Cut the grass in order to maintain a neat and proper appearance.
• Prune all plants to remove all dead or diseased parts of plants and all parts of plants
which present a visual hazard or physical obstacle to the designated use of the areas.
• Remove and replace all vegetation that is dead or diseased or that otherwise falls
• below the initial level of beautification of the Revocable License Area and ensure that
such vegetation is 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.
• Remove litter and illegal dumping from the Revocable License Area.
• Maintain irrigation in working order, including the maintenance and replacement of
pumps, pipes, and sprinkler heads.
Irrigation
Routine and preventive maintenance and repair of the irrigation system includes but is
not limited to the following:
• Adjusting all heads for proper operation and direction such that they do not spray into
or across roadways, walkways, or other vehicular or pedestrian areas.
• Clearing away grass, debris, or vegetation that may hinder the operation of the
sprinkler heads. All valve boxes must remain free of vegetation and be visible at all
times.
• Inspecting irrigation system for clogged or improperly set nozzles and spray heads,
adjusting heads, and replacing them as needed.
• Replacing any broken pipes, solenoids, electric valves, rain sensor heads, and all
other related parts that may negatively impact the irrigation system.
• Regular inspection of the system and re-filling of the tank holding the rust inhibitor
chemicals, if applicable.
•
Pavers
• Any damages to pavers that present a visual or physical deficiency must be repaired
within thirty (30) days of notification to the City. Damages to pavers that present a
liability to the County must be repaired within twenty-four (24) hours of notification to
the City.
• Make sure paver surfaces maintain Americans with Disabilities Act (ADA) compliance
including no tripping hazards.
Tree Grates/Tree Root Ball/Tree Pit "Surround" Zone
• Ensure the opening of the tree grate doesn't hamper the growth of the tree
trunk. Repair any uplifting of the tree grates to maintain ADA compliance.
• Pressure wash a minimum of once per year or sooner when necessary.
Pedestrian Lighting
• Periodic maintenance of the lighting system to ensure functionality. Correct any
deficiencies (outages, excess light spillage, low lumens, fixture or pole corrosion,
damage to pole and fixture, exposed wiring, and all other issues related to
components that impact functionality.)
• Vegetation
• All ground cover, including shrubs, plants, bushes, bases of palms and hedges, will
be trimmed and pruned to maintain a neat and proper appearance.
• Maintain a maximum height of twenty-four (24) inches to ensure sight visibility per
Florida Department of Transportation / Broward County guidelines.
• Ground cover, shrub beds, mulch, and other areas must remain weed-free and all
undesirable vegetation, including vines, must be removed. Trash/litter must be
cleaned regularly.
• All ground cover will be trimmed, pruned, and thinned to retain its natural form in
proportionate size to one another. Aesthetic pruning of ground cover shall include the
removal of dead and/or broken branches.
• At the completion of each ground cover trimming operation, all material trimmed will
be removed from the site, along with any trash/litter in the Revocable License Area.
• Monitor and control insects and ant mounds.
Mulch
• All mulched areas will be replenished at a minimum of once a year. Mulch should be
maintained to a depth of three (3) inches.
• The preferred species of mulch is shredded melaleuca or pine bark.
• Tree and Palm
•
• The tree and palm tree pruning will be done in accordance with Article 11 of the
Broward County Natural Resource Protection Code, Code of Ordinances. Tree-
trimming will be performed by a contractor that is in possession of a Broward County
tree-trimming license (minimum Class "B" license).
• Maintain a clearance of 14'- 6" from grade to lowest limbs of tree over vehicular travel
lanes and 7'- 0" clearance over pedestrian walkways.
• Maintain travel lanes clear of any palm fronds, branches or debris.
• Dead fronds from palm trees must be removed from the ground immediately. Sabal
and Washington Palms must be thinned of dead or dying fronds twice annually.
• Canopy Trees must be pruned to remove sucker growth and to maintain clear visibility
between grade and a height of at least 7'- 0". All damaged, dead, or diseased limbs
resulting from weather or pests must be removed upon discovery of defective condition.
• Ornamental Trees such as Cattley Guava, Ligustrum and Oleander Standards must
be pruned by thinning to maintain shape of tree on a semi-annual basis.
Tree Fertilization
• Canopy Trees (up to three 3"caliper)mustbe fertilized to maintain good health.
• All palms must be fertilized three (3) times per year.
•
•
Exhibit 2
410 Return recorded copy to:
Broward County Highway Construction&
Engineering Division
1 North University Drive,Suite 300E
Plantation, FL 33324-2038
Document reviewed by:
Israel Fajardo
Assistant County Attorney
115 S.Andrews Avenue, Room 423
Fort Lauderdale, FL 33301
REVOCABLE LICENSE AGREEMENT BETWEEN BROWARD COUNTY AND THE CITY OF TAMARAC
This Revocable License Agreement ("Agreement") between Broward County ("County"), a
political subdivision of the State of Florida, and the City of Tamarac ("City"), a municipal
corporation organized and existing under the laws of the State of Florida (collectively, the
"Parties"), is entered into and effective as of the date this Agreement is fully executed by the
Parties(the "Effective Date").
RECITALS
• A. The revocable license area, as set forth in Exhibit A, is a right-of-way located on
West Prospect Road (the "Revocable License Area");
B. The County owns and controls the Revocable License Area and West Prospect
Road;
C. City seeks and County is amenable to City's nonexclusive access and use of the
Revocable License Area to make certain improvements in the Revocable License Area,as set forth
in Exhibit B (the "Improvements"), and to maintain and repair the Improvements, as set forth in
Exhibit C (the "Maintenance Obligations");
D. The Improvements and maintenance thereof will benefit the residents of both
County and City;and
E. City has authorized the appropriate municipal officers to execute this Agreement.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, the Parties agree as follows:
•
Revocable License Agreement with City of Tamarac Page
1of11
Exhibit 2
• SECTION 1. DEFINITIONS
1.1. Approved Plans means the construction documents and specifications depicting and
defining the Improvements, including all materials to be installed in the Revocable License Area
as referenced in the plans submitted to and approved by the Contract Administrator, and filed
under Project Reference Number 181008504.
1.2. Board means the Board of County Commissioners of Broward County, Florida.
1.3. Contract Administrator means the Director of the Broward County Highway Construction
and Engineering Division, or designee.
1.4. County Administrator means the administrative head of County as appointed by the
Board.
1.5. County Attorney means the chief legal counsel for County,as appointed by the Board.
1.6. Division means the Broward County Highway Construction and Engineering Division.
SECTION 2. GRANT OF REVOCABLE LICENSE
2.1. County hereby grants to City a revocable license for nonexclusive access and use of the
Revocable License Area solely for the purposes of making the Improvements, performing the
Maintenance Obligations, and taking other actions as may be required by this Agreement. The
• Improvements must meet County's Minimum Standards Applicable to Public Right-of-Way Under
Broward County Jurisdiction as described in Exhibit 25.A of the Broward County Administrative
Code.
2.2. Other than for the purposes identified in this Agreement,City may not use the Revocable
License Area for any other purpose whatsoever without written amendment of this Agreement
executed with the same formalities as this Agreement. City may not permit the Revocable
License Area to be used in any manner that will violate the terms of this Agreement or any laws,
administrative rules, or regulations of any applicable governmental entity or agency.
2.3. County shall have full and unrestricted access to the Revocable License Area at all times.
2.4. This Agreement is merely a right to access and use and grants no estate in the Revocable
License Area to City or any other party.
SECTION 3. CITY'S OBLIGATIONS
3.1. City shall make application to the Division for a permit to perform the Improvements as
set forth in the Approved Plans. City may not proceed with the Improvements until all permits
have been issued and all permit conditions for commencement of the Improvements have been
satisfied.
3.2. The City may not make any alterations to the Improvements without first obtaining a
permit from the Division and the written approval of the Contract Administrator for such
• alterations.
Revocable License Agreement with City of Tamarac Page
2 of 11
Exhibit 2
• 3.3. The City shall make the Improvements at its own expense and in accordance with the
Approved Plans and to the Contract Administrator's satisfaction. City shall not be entitled to any
compensation from County for making the Improvements.
3.4. Following City's installation of the Improvements and County's approval of same (as set
forth in Section 4), City shall provide County with signed and sealed certified as-built drawings
and warranties for all work performed as set forth in the Approved Plans.
3.5. Once the Improvements have been made,City shall perform the Maintenance Obligations
at its own expense and in accordance with the requirements set forth in Exhibit C. As part of the
Maintenance Obligations, City shall keep the Improvements and the Revocable License Area
clean, sanitary, and in good condition consistent with industry-standard maintenance standards
and techniques. The Maintenance Obligations shall include all repair and replacement of
materials due to any cause, including but not limited to normal wear and tear, acts of God,
vandalism, and accidents. City shall promptly replace all defective or unsightly materials,as well
as any materials that the Contract Administrator determines, in his/her reasonable discretion,
should be replaced for safety reasons or because such materials would interfere with any County
property or County operations. All replacements must be approved in writing by the Contract
Administrator.
3.6. If City takes any action or makes any omission that causes or results in alterations or
damage to County property, City shall, at its own expense, restore such property to its condition
• before the alterations or damages. If City fails to make such restoration within thirty (30)
calendar days after County's request,County may make the restoration,and then invoice the City
for the costs thereof. City shall pay such invoice within thirty (30) calendar days after receipt.
3.7. If City takes any action or makes any omission that causes or results in alterations to the
Revocable License Area (or any materials on the Revocable License Area), which alterations are
not specified in the Approved Plans,City shall, at its own expense, restore the Revocable License
Area to its condition before the alterations were made, or to such condition as approved in
writing by the Contract Administrator. If City fails to make such restoration within thirty (30)
calendar days after County's request,County may make the restoration, and then invoice the City
for the costs thereof. City shall pay such invoice within thirty (30) calendar days after receipt.
3.8. If City takes any action or makes any omission that causes or results in damage to the
Revocable License Area (or any materials on the Revocable License Area), City shall, at its own
expense, repair such damage. If City fails to make such repairs within thirty (30) calendar days
after County's request, County may make the repairs, and then invoice the City for the cost
thereof. City shall pay such invoice within thirty(30)calendar days after receipt.
3.9. If the Revocable License Area is serviced by any utilities (including but not limited to
electricity,water, sewage, or gas), City shall be solely responsible for the cost of such utilities.
3.10. If the License Area contains an irrigation or water pump system, City shall maintain and
repair same in compliance with the requirements set forth in Exhibit C and all applicable rules
and regulations of the South Florida Water Management District.
• 3.11. City shall provide the Contract Administrator with immediate verbal notice, followed by
Revocable License Agreement with City of Tamarac Page
3 of 11
Exhibit 2
• written notice (in the manner set forth in Section 7 of this Agreement), of any condition on the
Revocable License Area that might present a risk of damage to the Revocable License Area or
adjacent property,or might pose a risk of injury to any person.
3.12. City shall also provide the Contract Administrator with immediate verbal notice,followed
by prompt written notice(in the manner set forth in Section 7 of this Agreement),of any damage
to the Revocable License Area or any injury to any person on the Revocable License Area.
3.13. City may retain a third party to make the Improvements and/or perform the Maintenance
Obligations. If City retains a third party for such purpose(s),City shall enter into a written contract
with the third party under which the third party agrees to make the Improvements and/or
perform the Maintenance Obligations in accordance with the requirements of this Agreement.
City shall provide the Contract Administrator with a copy of any such contract(s).
Notwithstanding City's use of any third party, City shall remain obligated to make the
Improvements and perform the Maintenance Obligations if the third party does not. City may
not relieve itself of any of its obligations under this Agreement by contracting with a third party.
SECTION 4. COUNTY'S OBLIGATIONS
4.1. County shall review the Approved Plans to determine whether to issue a permit for the
Approved Plans and shall issue a permit only if the Approved Plans comply with all applicable
County permitting requirements.
• 4.2. County shall inspect the Improvements and may reject work that does not conform to the
Approved Plans.
4.3. After receiving signed and sealed certified as-built drawings that the Improvements are
in conformance with the Approved Plans, and receiving request for a final inspection, County
shall perform a final inspection of the Improvements and notify City of County's final approval or
rejection of the Improvements.
4.4. County shall have no further obligations under this Agreement other than those stated in
this Section but may exercise any and all rights it has under this Agreement.
SECTION 5. RISK OF LOSS
All Improvements not permanently affixed to the Revocable License Area shall remain the
property of City, and all risk of loss for the Improvements (whether permanently affixed or not)
shall be City's risk alone. However, City may not remove, replace or alter any of the
Improvements without the Contract Administrator's written consent and any required
permitting.
SECTION 6. TERM AND TERMINATION
6.1. This Agreement shall begin on the Effective Date and continue in perpetuity unless
terminated as provided in this Section.
6.2. This Agreement may be terminated for cause by County if City breaches any of its
• obligations under this Agreement and has not corrected the breach within thirty (30) calendar
Revocable License Agreement with City of Tamarac Page
4 of 11
Exhibit 2
• days after receipt of written notice identifying the breach. County may, at the option of the
Contract Administrator, cause such breach to be corrected and invoice City for the costs of the
correction or may terminate this Agreement. If County opts to correct the breach and invoice
City for the costs of correction, City shall pay such invoice within thirty (30) calendar days after
receipt. If County erroneously, improperly, or unjustifiably terminates for cause, such
termination shall, at County's sole election, be deemed a termination for convenience, which
shall be effective thirty(30) calendar days after such notice of termination for cause is provided.
6.3. This Agreement may be terminated for convenience by the Board. Termination for
convenience by the Board shall be effective on the termination date stated in the written notice
provided by County to City,which termination date shall not be less than thirty(30)calendar days
after the date of such written notice.
6.4. This Agreement may also be terminated by the County Administrator upon such notice
as the County Administrator deems appropriate if the County Administrator determines that
termination is necessary to protect the public health or safety. Termination under this section
shall be effective on the date County provides notice to the City of such termination.
6.5. Upon termination of this Agreement, City shall peaceably surrender its use of the
Revocable License Area.
6.6. If County terminates this Agreement, City shall remove all Improvements, materials and
equipment installed or placed in the Revocable License Area by City, unless the Contract
• Administrator, in writing, authorizes City to leave any such Improvements, materials, or
equipment in the Revocable License Area. In addition, City shall be obligated to any repair
damage to the Revocable License Area resulting from the removal of any Improvements,
materials and equipment. If City fails to comply these removal and/or repair obligations within
thirty (30) days of termination, County may perform them, and then invoice City for the cost
thereof. City shall pay the invoice within thirty (30) calendar days after receipt.
6.7. If County terminates this Agreement, City shall restore the Revocable License Area to its
condition before the Improvements or to such condition as approved in writing by the Contract
Administrator. If City fails to make such restorations within thirty (30) days of termination,
County may make them and then invoice City for the costs thereof. City shall pay such invoice
within thirty(30) calendar days after receipt.
6.8. County shall have no obligation to compensate City for any loss resulting from or arising
out of the termination of this Agreement.
6.9. If tree mitigation is required as a result of termination of this Agreement,City must obtain
a Broward County Environmental Licensing and Building Permitting Division, Tree Preservation
Program Agreement required by Chapter 27, Article XIV, Sections 27-401 through 27-414 of the
Broward County Tree Preservation and Abuse Ordinance,as may be amended from time to time,
to provide for relocation, removal, and replacement per the tree removal Agreement
requirements at City's sole cost and expense.
• 6.10. Notice of termination shall be provided in accordance with the Section 7 of this
Agreement, except that notice of termination by the County Administrator, pursuant to Section
Revocable License Agreement with City of Tamarac Page
5 of 11
Exhibit 2
• 6.4 of this Agreement may be verbal notice that shall be promptly confirmed in writing in
accordance with Section 7 of this Agreement.
SECTION 7. NOTICES
Whenever either party desires or is required to give notice to the other, such notice must be in
writing, sent by certified United States Mail, postage prepaid, return receipt requested, or sent
by commercial express carrier with acknowledgement of delivery, or by hand-delivery with a
request for a written receipt of acknowledgment of delivery, together with a contemporaneous
email, addressed to the party for whom it is intended at the place last specified in this Section.
The manner in which and persons to whom notice shall be provided will remain the same unless
and until changed in writing in accordance with this Section. The Parties respectively designate
the following persons for receipt and issuance of notice:
FOR COUNTY:
Director, Broward County Highway Construction and Engineering Division
One North University Drive,Suite 300B
Plantation, Florida 33324-2038
Email: bterrier@broward.org
FOR CITY:
Michael C. Cernech, City Manager
• City of Tamarac
7525 NW 88th Avenue
Tamarac, FL 33321
Email: Michael.Cernech@tamarac.org
SECTION 8. INDEMNIFICATION
8.1. County and City are entities subject to Section 768.28, Florida Statutes, as may be
amended from time to time,and agree to be fully responsible for the negligent or wrongful acts
and omissions of their respective agents or employees to the extent permitted by law. Nothing
herein is intended to serve as a waiver of sovereign immunity by any party to which sovereign
immunity may be applicable. Nothing herein shall be construed as consent by either party to be
sued by third parties in any matter arising out of this Agreement or any other contract.
8.2. If City contracts with a third party to perform any of City's obligations under this
Agreement, City shall enter into a contract with such third party, which contract shall include
the following provision:
Indemnification: Contractor shall indemnify and hold harmless Broward County, and all
of Broward County's current,future,and former officers,agents,servants,and employees
(collectively, "Indemnified Party")from and against any and all causes of action,demands,
claims, losses, liabilities, and expenditures of any kind, including attorneys' fees, court
• costs, and expenses (collectively, a "Claim"), raised or asserted by any person or entity
not a party to this Agreement, which Claim is caused or alleged to be caused in whole or
Revocable License Agreement with City of Tamarac Page
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Exhibit 2
• in part,by any intentional, reckless, or negligent act or omission of contractor, its current
or former officers, employees, agents, servants or assigns,arising from, relating to, or in
connection with this Agreement. If any Claim is brought against an Indemnified Party,
contractor shall, at its own expense, upon written notice from Broward County, defend
each Indemnified Party against each such Claim by counsel satisfactory to Broward
County, or, at the option of Broward County, pay for an attorney selected by the County
Attorney to defend the Indemnified Party.
8.3. The provisions of this Section 8 shall survive the expiration or earlier termination of this
Agreement.
SECTION 9. INSURANCE
9.1. City is a governmental entity and is fully responsible for the negligent or wrongful acts
and omissions of its agents or employees,subject to any applicable limitations of Section 768.28,
Florida Statutes.
9.2. Within five (5) calendar days after request by County, City must provide County with
written verification of liability protection that meets or exceeds any requirements of Florida law.
If City holds any excess liability coverage, City must ensure that Broward County is named as an
additional insured and certificate holder under such excess liability policy and provide evidence
of same to County.
• 9.3. If City maintains broader coverage or higher limits than the minimum coverage required
under Florida law, County shall be entitled to such broader coverage and higher limits on a
primary and non-contributory basis.
9.4. The foregoing requirements shall apply to City's self-insurance, if any.
9.5. If City contracts with one or more third parties to perform any of City's obligations set
forth herein, City shall require that each third party procure and maintain insurance coverage
that adequately covers the third party's exposure based on the services provided by that third
party(and any subcontractors retained by the third party). City must ensure that all such third
parties name "Broward County, Florida" as an additional insured and certificate holder under
the applicable insurance policies. City shall not permit any third party to provide services
required by this Agreement until the insurance requirements of the third party under this
Section are met. If requested by County,City shall furnish evidence of all insurance required by
this Section.
9.6. County reserves the right to periodically review any and all insurance policies required
by this Agreement and to reasonably adjust the limits and/or types of coverage required herein,
from time to time throughout the term of this Agreement.
SECTION 10. MISCELLANEOUS
II
10.1. Independent Contractor. City is an independent contractor under this Agreement. In
performing under this Agreement, neither City nor its agents shall act as officers, employees,or
Revocable License Agreement with City of Tamarac Page
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Exhibit 2
• agents of County. City has no power or right to bind County to any obligation not expressly
undertaken by County under this Agreement.
10.2. Third Party Beneficiaries. Neither City nor County intends to directly or substantially
benefit a third party by this Agreement. Therefore, the Parties acknowledge that there are no
third-party beneficiaries to this Agreement and that no third party shall be entitled to assert a
right or claim against either of them based upon this Agreement.
10.3. Assignment and Performance. Neither this Agreement nor any right or interest herein
may be assigned, transferred, or encumbered by City without the prior written consent of
County, which consent may be withheld in County's sole discretion. City represents that each
person and entity that will perform services under this Agreement is duly qualified to perform
such services by all appropriate governmental authorities, where required, and is sufficiently
experienced and skilled in the area(s) for which such person or entity will render services. City
agrees that all services under this Agreement will be performed in a skillful and respectful
manner, and that the quality of all such services will equal or exceed prevailing industry
standards for the provision of such services.
10.4. Materiality and Waiver of Breach. Each requirement, duty, and obligation set forth
herein was bargained for at arm's-length and is agreed to by the Parties. Each requirement,
duty, and obligation set forth herein is substantial and important to the formation of this
Agreement, and each is, therefore, a material term hereof. County's failure to enforce any
• provision of this Agreement will not be deemed a waiver of such provision or modification of
this Agreement. A waiver of any breach of a provision of this Agreement will not be deemed a
waiver of any subsequent breach and will not be construed to be a modification of the terms of
this Agreement.
10.5. Compliance with Laws.City shall comply with all applicable federal,state,and local laws,
codes, ordinances, rules, and regulations in performing its duties, responsibilities, and
obligations pursuant to this Agreement.
10.6. Entire Agreement. This Agreement constitutes the entire agreement between the
Parties with respect to its subject matter. It may not be modified or terminated except as
provided in this Agreement. If any provision is deemed invalid by a court of competent
jurisdiction, it shall be considered severed from this Agreement, and such severance shall not
invalidate the remaining provisions.
10.7. Joint Preparation.This Agreement has been jointly prepared by the Parties and will not
be construed more strictly against either party.
10.8. Interpretation. The headings contained in this Agreement are for reference purposes
only and do not affect in any way the meaning or interpretation of this Agreement. All personal
pronouns used in this Agreement include the other gender,and the singular includes the plural,
and vice versa, unless the context otherwise requires. Terms such as "herein," "hereof,"
"hereunder," and "hereinafter," refer to this Agreement as a whole and not to any particular
sentence, paragraph, or section where they appear, unless the context otherwise requires.
• Whenever reference is made to a section of this Agreement, such reference is to the section as
Revocable License Agreement with City of Tamarac Page
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Exhibit 2
• a whole, including all of the subsections of such section, unless the reference is made to a
particular subsection.
10.9. Priority of Provisions. If there is a conflict or inconsistency between any term,statement,
requirement, or provision of any Exhibit attached hereto or referenced or incorporated herein
and any provision in this Agreement, the provisions contained in this Agreement shall prevail
and be given effect.
10.10. Law, Jurisdiction, Venue, Waiver of Jury Trial. This Agreement will be interpreted and
construed in accordance with and governed by the laws of the state of Florida.The Parties agree
that the exclusive venue for litigation arising from, related to, or in connection with this
Agreement shall be in the state courts of the Seventeenth Judicial Circuit in and for Broward
County, Florida. If any claim arising from, related to, or in connection with this Agreement must
be litigated in federal court, the Parties agree that the exclusive venue for such lawsuit shall be
in the United States District Court or United States Bankruptcy Court for the Southern District
of Florida. BY ENTERING INTO THIS AGREEMENT, CITY AND COUNTY HEREBY EXPRESSLY
WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION
RELATED TO THIS AGREEMENT.
10.11. Amendments. No modification, amendment, or alteration in the terms or conditions
contained herein will be effective unless contained in a written document prepared with the
same or similar formality as this Agreement and executed by the Parties.
• 10.12. Incorporation by Reference.Any and all Recital clauses stated above are true and correct
and are incorporated by reference.The attached Exhibits are incorporated into and made a part
of this Agreement.
10.13. Representation of Authority. Each individual executing this Agreement on behalf of a
party represents and warrants that he or she is,on the date he or she signs this Agreement,duly
authorized by all necessary and appropriate action to execute this Agreement on behalf of such
party and does so with full legal authority.
10.14. Counterparts and Multiple Originals. This Agreement may be executed in multiple
originals, and may be executed in counterparts, each of which will be deemed to be an original,
but all of which,taken together, will constitute one and the same Agreement.
10.15. Nondiscrimination. No party to this Agreement may discriminate on the basis of race,
color, sex, religion, national origin, disability, age, marital status, political affiliation, sexual
orientation, pregnancy, or gender identity and expression in the performance of this
Agreement.
10.16. Time of the Essence. Time is of the essence for City's performance of all obligations
under this Agreement.
•
Revocable License Agreement with City of Tamarac Page
9 of 11
Exhibit 2
• IN WITNESS WHEREOF,the Parties hereto have made and executed this Agreement: BROWARD
COUNTY through its BOARD OF COUNTY COMMISSIONERS, signing by and through its Mayor or
Vice-Mayor, authorized to execute same by Board action on the day of
,20 ,and City of ,signing by and through its
, duly authorized to execute same.
COUNTY
ATTEST: BROWARD COUNTY, by and through
its Board of County Commissioners
By
Broward County Administrator, as Mayor/Vice-Mayor
ex officio Clerk of the Broward County
Board of County Commissioners day of , 20_
Approved as to form by
Andrew J. Meyers
Broward County Attorney
Governmental Center,Suite 423
• 115 South Andrews Avenue
Fort Lauderdale,Florida 33301
Telephone: (954) 357-7600
Telecopier: (954) 357-7641
By
Israel Fajardo (Date)
Assistant County Attorney
By
Michael J. Kerr (Date)
Deputy County Attorney
•
Revocable License Agreement with City of Tamarac Page
10 of 11
Exhibit 2
• REVOCABLE LICENSE AGREEMENT BETWEEN BROWARD COUNTY AND THE CITY OF
TAMARAC
CITY OF TAMARAC
, •
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ATTESiC� Lt(-'��yv CITY OF TAMARAC
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APPROVED AS T FORM:
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•
Revocable License Agreement with City of Tamarac Page
11 of 11
LClGAT/ C3 /V MAP
'evocable License Agreement between Broward County and City of Tamarac
Broward County Reference No. 181008504
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AREVOCABLE LICENSE AREA IN THE MEDIAN
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Scale: Drawn by: Date: Checked by: Date: File Location:
Not To Scale JAT 12-29-20 CAD 12-29-20 E:\RW\Location Maps\AGREEMENTS\RLA-2D18-11.dwg
BROWARD COUNTY HIGHWAY CONSTRUCTION & ENGINEERING DIVISIO J
EXHIBIT'A' SKETCH AND DESCRIPTION
CITY OF TAMARAC ENTRANCE SIGN
PROSPECT ROAD (A BROWARD COUNTY ROAD)
CITY OF TAMARAC, BROWARD COUNTY, FLORIDA
SECTION 16, TOWNSHIP 49 SOUTH, RANGE 42 EAST
SHEET 1 OF 2
LEGAL DESCRIPTION
A PARCEL OF LAND BEING A PORTION OF SECTION 16, TOWNSHIP 49 SOUTH,RANGE 42 EAST,BROWARD
COUNTY,FLORIDA,SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHWEST CORNER OF SAID SECTION 16; THENCE N69°10'05"EA DISTANCE OF 1826.22
FEET TO THE TRUE POINT OF BEGINNING; THENCE N12°20'49"E 10.00 FEET. THENCE S77°39'11 E 20.00 FEET.
THENCE S12°20'49"W 10.00 FEET; THENCE N77°39'11"W 20.00 FEET TO THE POINT OF BEGINNING.
SAID LANDS SITUATE AND BEING WITHIN THE CITY OF TAMARAC,BROWARD COUNTY,FLORIDA,CONTAINING
200 SQUARE FEET,MORE OR LESS.
SURVEYORS'NOTES:
1.I HEREBY CERTIFY THIS SURVEY MEETS STANDARDS OF PRACTICE
PURSUANT TO SECTION 472.027,FLORIDA STATUTES.
2. THE SURVEY MAP AND REPORT AND THE COPIES THEREOF ARE NOT
VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A
FLORIDA LICENSED SURVEYOR AND MAPPER.
• 3. UNDERGROUND OR OBSCURED IMPROVEMENTS WERE NOT LOCATED.
4.DIMENSIONS ARE RECORD AND FIELD UNLESS OTHERWISE NOTED.
5.STATED DIMENSIONS TAKE PRECEDENCE OVER SCALED DIMENSIONS.
6. THIS FIRM'S CERTIFICATE OF AUTHORIZATION NUMBER IS LB 8261.
7.ADDITIONS OR DELETIONS TO SURVEY MAPS OR REPORTS BY OTHER THAN THE SIGNING
PARTY OR PARTIES IS PROHIBITED WITHOUT WRITTEN CONSENT OF THE SIGNING PARTY OR PARTIES.
8.SURVEY SUBJECT TO RESERVATIONS,RESTRICTIONS,EASEMENTS AND RIGHTS-OF-WAY OF RECORD.
BEARINGS AND COORDINATES SHOWN HEREON ARE GRID
DATUM=NAD 83, 1990 ADJUSTMENT
ZONE=FLORIDA EAST
LINEAR UNITS=U.S.SURVEY FOOT
COORDINATE SYSTEM= 1983 STATE PLANE TRANSVERSE MERCATOR PROJECTION.
' 'i A THIS IS NOT A SURVEY
SIGNE .�
PROFS $IW3 lk*.AYOR AND MAPPER
FLORIDA'akTIflc ITF.':Ii 7211
PRINCIPAL MERIDIAN
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LICENSED BUSINESS No.8261
S19100776 COMMENTS DW 05-29-20 � 4546 CAMBRIDGE STREET
• COMMENTS DW 01-20-20 WEST PALM BEACH,FL 33415
BOUNDARY SURVEY SP DW 11 19 19 OFFICE 561-478-7764
JOB# PURPOSE FIELD DRAFT DATE
SHEET 2 OF 2 W. COMMERCIAL BOULEVARD
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SECTION 16, TOWNSHIP 49 S,
RANGE 42 E,BROWARD COUNTY
FOUND NAIL AND BRASS DISK
N 672232.003
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NE
GRAPHIC SCALE PRINCIPAL MERIDIAN
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f'PMSA SURVEYING, Inc.
1 INCH = 20 FT. r
LICENSED BUSINESS No. 8261
s d 4546 CAMBRIDGE STREET
WES T PALM BEACH, FL 33415
• 0, ' OFFICE 561-478-7764
EXHIBIT B
PROJECT DESCRIPTION:
The project consists of installing a municipal gateway entry/monument sign, including electrical,
photo-cell operation to illuminate the sign in the Broward County median right-of-way on West
Prospect Road, approximately 230 feet west of NW 17th Avenue. The new sign shall display the
City's approved design in keeping with the City of Tamarac's Comprehensive Signage Program.
All landscaping shall be properly installed, maintained and fertilized in accordance with the
Broward County NatureScape program and Florida-Friendly Landscaping principles.
Broward County NatureScape program information can be found at:
http://www.broward.org/NatureScape/Pages/Default.aspx
Florida-Friendly Landscaping principles and information can be found at:
htto://floridayards.org
II. LOCATION:
The gateway entry/monument sign will be located in the sodded center median on West Prospect
Road, approximately 230 feet west of NW 17th Avenue, within the City of Tamarac's city limits.
Please refer to attached Exhibit"A" for Location Map and Sketch& Legal Description.
III. PLACEMENT:
The city gateway entry/monument sign will be installed in the center of the 12'-5" wide
• median, at a minimum clearance distance of 4'-0"from edge of sign to existing "F"curb. The sign
will be approximately 4'-2" wide x 6'-0" tall, with multi-directional break-away post (5" outside
diameter round) base assembly (Schedule 40 Aluminum) in accordance with FDOT standards.
The sign will be double-sided, stating "Welcome to Tamarac" on the front and "Thank you for
Visiting the City of Tamarac" on the rear. It shall include electrical work for internal illumination.
IV. MAINTENANCE:
The City of Tamarac will be responsible for the maintenance of the city's gateway
entry/monument sign in accordance with the Revocable License Agreement.
V. CONSTRUCTION SCHEDULE:
The construction of the sign will commence upon receipt of Broward County Highway
Construction and Engineering Division permit (Project Reference Number 181008504). City of
Tamarac has contracted with Baron Sign Manufacturing to perform the installation of its gateway
entry/monument sign. A City of Tamarac inspector will conduct all inspections, in accordance with
City's permitting requirements. Accordingly, notification shall be provided to Broward County prior
to each inspection as an invitation for inspection on the project.
A full-sized set of plans are on file with the Broward County Highway Construction and
Engineering Division under Project Reference No. 181008504.
•
•
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Welcome to guy
Thank You
TAMARAC I '
�' For Visiting The _-
4'-5" 4 The City For Your life 5"r City Of Tamarac '__ `l.,...
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• EXHIBIT C
Broward County Highway Construction and Engineering Division
Revocable License Agreement Minimum Maintenance Performance Requirements
General Requirements
City hereby agrees to provide landscape maintenance in the Revocable License Area as
described herein and in accordance with all articles of this Agreement. The specifications
herein are the minimum standards and do not prevent the City from performing any
additional measures necessary to ensure proper landscape maintenance. The City shall
care and maintain all installed landscape, irrigation, and any decorative specialty
hardscape treatments placed in the Revocable License Area. City shall:
• Properly fertilize all vegetation.
• Keep all vegetation as free from disease and harmful insects as possible.
• Properly mulch the vegetation beds and keep them free from weeds.
• Cut the grass in order to maintain a neat and proper appearance.
• Prune all plants to remove all dead or diseased parts of plants and all parts of plants
which present a visual hazard or physical obstacle to the designated use of the areas.
• Remove and replace all vegetation that is dead or diseased or that otherwise falls
• below the initial level of beautification of the Revocable License Area and ensure that
such vegetation is 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.
• Remove litter and illegal dumping from the Revocable License Area.
• Maintain irrigation in working order, including the maintenance and replacement of
pumps, pipes, and sprinkler heads.
Irrigation
Routine and preventive maintenance and repair of the irrigation system includes but is
not limited to the following:
• Adjusting all heads for proper operation and direction such that they do not spray into
or across roadways, walkways, or other vehicular or pedestrian areas.
• Clearing away grass, debris, or vegetation that may hinder the operation of the
sprinkler heads. All valve boxes must remain free of vegetation and be visible at all
times.
• Inspecting irrigation system for clogged or improperly set nozzles and spray heads,
adjusting heads, and replacing them as needed.
• Replacing any broken pipes, solenoids, electric valves, rain sensor heads, and all
other related parts that may negatively impact the irrigation system.
• Regular inspection of the system and re-filling of the tank holding the rust inhibitor
chemicals, if applicable.
•
• Pavers
• Any damages to pavers that present a visual or physical deficiency must be repaired
within thirty (30) days of notification to the City. Damages to pavers that present a
liability to the County must be repaired within twenty-four (24) hours of notification to
the City.
• Make sure paver surfaces maintain Americans with Disabilities Act(ADA) compliance
including no tripping hazards.
Tree Grates/Tree Root Ball/Tree Pit "Surround" Zone
• Ensure the opening of the tree grate doesn't hamper the growth of the tree
trunk. Repair any uplifting of the tree grates to maintain ADA compliance.
• Pressure wash a minimum of once per year or sooner when necessary.
Pedestrian Lighting
• Periodic maintenance of the lighting system to ensure functionality. Correct any
deficiencies (outages, excess light spillage, low lumens, fixture or pole corrosion,
damage to pole and fixture, exposed wiring, and all other issues related to
components that impact functionality.)
• Vegetation
• All ground cover, including shrubs, plants, bushes, bases of palms and hedges, will
be trimmed and pruned to maintain a neat and proper appearance.
• Maintain a maximum height of twenty-four (24) inches to ensure sight visibility per
Florida Department of Transportation / Broward County guidelines.
• Ground cover, shrub beds, mulch, and other areas must remain weed-free and all
undesirable vegetation, including vines, must be removed. Trash/litter must be
cleaned regularly.
• All ground cover will be trimmed, pruned, and thinned to retain its natural form in
proportionate size to one another. Aesthetic pruning of ground cover shall include the
removal of dead and/or broken branches.
• At the completion of each ground cover trimming operation, all material trimmed will
be removed from the site, along with any trash/litter in the Revocable License Area.
• Monitor and control insects and ant mounds.
Mulch
• All mulched areas will be replenished at a minimum of once a year. Mulch should be
maintained to a depth of three (3) inches.
• The preferred species of mulch is shredded melaleuca or pine bark.
• Tree and Palm
I
• The tree and palm tree pruning will be done in accordance with Article 11 of the
Broward County Natural Resource Protection Code, Code of Ordinances. Tree-
trimming will be performed by a contractor that is in possession of a Broward County
tree-trimming license (minimum Class "B" license).
• Maintain a clearance of 14'- 6" from grade to lowest limbs of tree over vehicular travel
lanes and 7'- 0" clearance over pedestrian walkways.
• Maintain travel lanes clear of any palm fronds, branches or debris.
• Dead fronds from palm trees must be removed from the ground immediately. Sabal
and Washington Palms must be thinned of dead or dying fronds twice annually.
• Canopy Trees must be pruned to remove sucker growth and to maintain clear visibility
between grade and a height of at least 7'- 0". All damaged, dead, or diseased limbs
resulting from weather or pests must be removed upon discovery of defective condition.
• Ornamental Trees such as Cattley Guava, Ligustrum and Oleander Standards must
be pruned by thinning to maintain shape of tree on a semi-annual basis.
Tree Fertilization
• Canopy Trees (up to three 3"caliper)must be fertilized to maintain good health.
• All palms must be fertilized three (3) times per year.
•
S