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1991-13 Riverside Drive Maintenance AgreementRESOLUTION NO. 91 - 13 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF PARKLAND, FLORIDA, AUTHORIZING THE CITY OFFICIALS TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF PARKLAND AND BROWARD COUNTY FOR TRAFFICWAY BEAUTIFICATION ON RIVERSIDE DRIVE FROM THE SAWGRASS EXPRESSWAY TO HOLMBERG ROAD WHEREAS, the City Commission of the City of Parkland finds and determines that it is in the beat interests of the citizens of the City to enter into the attached Agreement with Broward County for the purpose of providing trafficway beautification on Riverside Drive from the Sawgrass Expressway to Holmberg Road; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF PARKLAND, FLORIDA: Section 1. That the appropriate City officials are hereby authorized to execute the attached Agreement between the City of Parkland, Florida and Broward County. Section 2. That this Resolution shall be in full force and effect immediately upon its passage and adoption. PASSED AND ADOPTED THIS 15th DAY OF MAY , 1991. SA PAGLIAR MAYOR SUSAN ARMMTRONG , CITY G� AGREEMENT FOR TRAFFICWAY BEAUTIFICATION Between BROWARD COUNTY and CITY OF PARKLAND for RIVERSIDE DRIVE FROM SAWGRASS EXPRESSWAY TO HOLMBERG ROAD PROJECT NO. AGREEMENT FOR TRAFFICWAY BEAUTIFICATION Between BROWARD COUNTY and CITY OF PARKLAND for RIVERSIDE DRIVE FROM SAWGRASS EXPRESSWAY TO HOLMBERG ROAD PROJECT NO. This is an Agreement made and entered into by and between BROWARD COUNTY, a political subdivision of the State of Florida, its successors and assigns, hereinafter referred to as "COUNTY," through its Board of County Commissioners, AND CITY OF PARKLAND, a municipal corporation located in Broward County, Florida, and organized and existing under the laws of the State of Florida, its successors and assigns, hereinafter referred to as "MUNICIPALITY." W ITNESSET H: WHEREAS, Riverside Drive from Sawgrass Expressway to Holmberg Road is a public trafficway (hereinafter referred to as the "Trafficway") located within the municipal boundaries of MUNICIPALITY; and WHEREAS, it is of mutual benefit to the residents of COUNTY and MUNICIPALITY to beautify the Trafficway by landscaping; and WHEREAS, COUNTY and MUNICIPALITY wish to formalize their intent to participate in the beautification of Trafficway by entering into this Agreement; NOW, THEREFORE, IN CONSIDERATION of the mutual terms, conditions, promises, covenants, and payment hereinafter set forth, COUNTY and MUNICIPALITY agree as follows: -1- 1. COUNTY and MUNICIPALITY shall participate in the beautification of the Trafficway in the manner set forth in this Agreement. 2. COUNTY shall perform the following: (a) Prepare or cause to be prepared plans and specifications for the beautification of the Trafficway. Such plans and specifications shall be reviewed and approved by the Director of COUNTY'S Public Works Department (hereinafter referred to as the "Director") and a representative of the MUNICIPALITY. (b) In accordance with the approved design plans and specifications, landscape the Trafficway by installing along the Trafficway vegetation, which may include, but is not limited to, plants, trees, shrubberies and turf. 3. MUNICIPALITY shall maintain the vegetation installed by COUNTY along the Trafficway as follows: (a) MUNICIPALITY shall properly fertilize all vegetation; keep all vegetation as free from disease and harmful insects as practicable; properly mulch the vegetation beds, keeping them free from weeds; periodically cut the grass in order to maintain a neat and proper appearance; prune all plants so as to remove all dead or diseased parts of plants and all parts of plants which present a visual hazard or physical obstacle to the use of the Trafficway; remove and replace all vegetation which is dead or diseased or which otherwise falls below the initial level of beautification of the trafficway, such replacement to be accomplished by the use of plants of the same grade as specified in the original approved plans and specifications and the same size as those existing at the time of replacement and keep litter removed from the Trafficway. 4. As a material consideration for COUNTY'S entry into this Agreement, to the extent permitted by law, MUNICIPALITY agrees, at all times hereafter, to indemnify, defend, save, and hold harmless COUNTY, its officers, agents, employees, and the Board of County Commissioners from all claims, demands, liabilities, and suits of any nature arising out of. because of, or due to the breach of this Agreement by MUNICIPALITY, its agents. contractors, or employees, or due to any act, occurrence, or omission to act by MUNICIPALITY, its agents, contractors, or employees. -2- 5. The Director shall decide all questions, difficulties, and disputes of any nature which may arise under or by reason of the beautification of the Trafficway pursuant to the terms of this Agreement. 6. This Agreement may be terminated for cause by either party upon a thirty (30) day written notice given by the terminating party to the other party. 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 hair, authorized to execu,e)same by Board action on the day of , 1991. and CITY OF PARKLAND signing by and thrcy gh its MAYOR duly authorized to execute same. ATT T: y A. inistra or and Ex -Officio Clerk of the Board of County Commissioners of Broward County, Florida,r,„ 10' -3- COUNTY BROWARD COUNTY, through its BOARD OF COUNTY COulo SSIONERS tki, By LORI ANCE PARRISH, Chair (2L� •ay of Approved as to form of County Attorney, County, Florida 1991 by Office Broward JOHN J. COPELAN, JR., County Attorney, Governmental Center, Suite 423, 115 South Andrews Avenue. Fort Lauderdale, Florida 33301 Telephone: (305) 357-7600 Telecopier: (305) 357-7641 By TONY J. ROD Assistant C•unty At AGREEMENT FOR TRAFFICWAY BEAUTIFICATION BETWEEN BROWARD COUNTY AND CITY OF PARKLAND FOR RIVERSIDE DRIVE FROM SAWGRASS EXPRESSWAY TO HOLMBERG ROAD: PROJECT NO. CITY WITNESSS: ATTEST: CITY OF PARKLAND By SAL"PAGLIARA, ayor jCiday of .1991 SUSAN ARMSTRONG, CITY`GLERK HARR J. 2, IT'ANAGER �C) day of ,1991 APPROVED AS TO FORM: NDREW ROD ATTORNEY -4-