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1995-28 Agmt w/Broward Cty-Landscape Dev of W. Hillsboro Blvd from SR7 to Terramar RESOLUTION NO. 95 - 28 A RESOLUTION OF THE CITY CO....ISSION OF THE CITY OF PARKLAND, FLORIDA AUTHORIZING ENTERING INTO AN AGREEMENT WITH BROWARD COUNTY FOR LANDSCAPE DEVELOP"ENT OF WEST HILLSBORO BOULEVARD FRO" STATE ROAD 7 TO THE EXISTING LANDSCAPING AT TERRAIlAR WHEREAS, the City Commission of the City of Parkland finds and detennines that it is in the best interest of the citizens to enter into tile attached Agreement between the City of Parkland and Broward County for landscape development of west Hillsboro Boulevard from State Road 7 to the existing landscaping at Terrarnar, and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COM..ISSION OF THE CITY OF PARKLAND, FLORIDA, that: Section 1. The appropriate City Officials are hereby authorized to execute the attached Agreement between the City of Parkland 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 .17 DAY OF MAY , 1995. ~~ SAL PAGLIARA, OR SUSAN ARMSTRONG, C.M.C., ~Y' . . . AGREEMENT Betvleen BROl\lARD COUNTY and CITY OF PARK~.ND for LANDSCAPE DEVELOPMENT OF WEST HILLSBORO BOULEVARD FROM STATE. ROAD 7 TO THE EXISTING LANDSCAPING AT TERRA MAR AGREEMENT Between BROWARD COUNTY and CITY OF PARKLAND for LANDSCAPE DEVELOPMENT OF-WEST HILLSBORO BOULEVARD FROM STATE ROAD 7 TO THE EXISTING LANDSCAPING AT TERRA MAR 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 ~f the state of Florida, its successors and assigns, hereinafter referred to as "MUNICIPALITY." WIT N E SSE T H: WHEREAS, West Hillsboro Boulevard from State Road 7 to the existing landscaping at Terra Mar (otherwise described as. through the first two medians west and northwest of State Road 7) 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 Traffic\.,ray by landscaping and irrigation; and WHEREAS, MUNICIPALITY, by resolution of its governing body adopted on the 17th day of Mav , 19--9..5-., has approved joint beautification of the Trafficway with COUNTY pursuant to the terms of this Agreement and has authorized the appropriate officers of MUNICIPALITY to execute this Agreement; and WHEREAS, COUNTY, by action of its Board of County Commissioners on the day of , 19 , has approved the joint beautification of the Trafficway wi~MUNICIPALITY and has authorized the appropriate COUNTY officers to execute 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. COUNTY and MUNICIPALITY shall participate in the beautification of the Trafficway in the manner set forth in this Agreement. 2. COUNTY agrees to provide funding for the installation of landscaping and irrigation for West Hillsboro Boulevard from State Road 7 to the existing landscaping at Terra Mar. 3. MUNICIPALITY shall perf~rm the follO\'ling: (a) Prepare or cause to be prepared plans and specifications for the beautification of the entire right-of-way of the Trafficway, which shall include both medians and swales. · Such plans and specifications shall be reviewed and approved by the Director of COUNTY'S Public Works Department (hereinafter referred to as the lIDirectorll) and a representative of 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, shrubs and sod, and installing irrigation systems compatible with the installed vegetation. (c) MUNICIPALITY shall administer any contract let by MUNICIPALITY for the above purposes through installation of landscaping, sod, and irrigation. 4. MUNICIPALITY shall maintain the vegetation, sod, and irriga- tion systems 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; keep litter removed CAF#120 Rev. 12/10/93 -2- from the Trafficway; and maintain irrigation parts in working order according to the original approved plans and specifications, including the maintenance and replacement of pumps, pipes, and sprinkler heads. (b) MUNICIPALITY shall pay all utility charges relating to the operation of the irrigation systems used in the beautification of the Trafficway. 5. If at any time subsequent to the installation of vegetation and irrigation systems along the Trafficway it is determined by the Director that MUNICIPALITY is not maintaining the beautified Trafficway pursuant to the terms of this Agreement, the Director. shall notify MUNICIPALITY in writing of such deficient maintenance. If MUNICIPALITY does not correct and improve such deficient maintenance within thirty (30) days of receipt of the Director's written notice, COUNTY, at the ~ option of the Director, may cause such deficiencies to be corrected and improved and bill MUNICIPALITY for the costs of such correction and improvement. MUNICIPA:'ITY shall then remit to COUNTY the amount so billed within thirty (30) days of MUNICIPALITY'S receipt thereof. 6. PAYMENTS The COUNTY'S contribution shall not exceed the cumulative sum of Forty Thousand Tv.'o Hundred Fifty Dollars ($40,250.00), which is the entire sum of moneys allocated to all the work and materials hereunder by COUNTY. Payment requests shall be processed by mailing same to: Director Broward County Engineering Division Room 321 - Governmental Center 115 South Andrews Avenue Fort Lauderdale, Florida 33301 Payments will be made on a monthly basis until the COUNTY moneys are disbursed. Monthly invoices shall be detailed and shall describe the prices of all costs and charges incurred by MUNICIPALITY and shall be accompanied by any statements, bills, invoices or the like, submitted to MUNICIPALITY for this project. The COUNTY will disburse paY~llents to MUNICIPALITY within thirty (30) days of receipt of payment requests which comply with this section. CAF#120 Rev. 12/10/93 -3- Payments shall be made to the following address: City of Parkland Brian Archer - Landscaping 6500 Parks ide Drive Parkland, Florida 33067 7. PLANS Plans referenced in this agreement shall be submitted to the following for review, approval and comment: Director Broward County Engineering Division Room 321 - Governmental center 115 South Andrews Avenue Fort Lauderdale, Florida 33301 8. 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, including negligent acts or omissions, by MUNICIPALITY, its agents, contractors, or employees. 9. The Director shall decide all questions, difficulties, and disputes of any .nature which may arise under or by reason of the beautification of the Traffic\lay pursuant to the terms of this Agreement. 10. 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. CAF#120 Rev. 12/10/93 -4- I I. : . ." , AGREEMENT BETWEEN BROWARD COUNTY AND CITY OF PARKLAND FOR LANDSCAPE DEVELOPMENT OF WEST HILLSBORO BOULEVARD FROM STATE ROAD 7 TO THE EXISTING LANDSCAPING" AT TERRA MAR" CITY ~ 4)L~ ~~ ~ CITY OF PARKLAND SALB~AGd/ M~ 17th day of Mav , 19~. WITNESSES: ATTEST: .c f:.) / '-Jw.......... L-4....-~ SUSAN ARMSTRONG City C erk y Manager 17thday of May , 19--2.5 (CORPORATE SEAL) BEH parkland.aOl 05/01/95 #94-088.03 CAFI120 Rev. 12/10/93 -6- Public Works Deportment Engineering Division 115 S. Andrews Avenue, Room 321 Fort Lauderdale, FL 33301 (305) 357-6222 . FAX (305) 357-6983 LETTER OF TRANSMITTAL DATE: 8lrzJ~5 ATTENTION: .&.l4U At)aJ~... ;'~~~:~ TO crff-4-p.At.UlbJD We are sending you: _ For approval ~ For your use :... As requested __ For review and comment __ Returned for corrections __ Approved as noted COPIES DATE NO. 1 7 'I 'IS REMARKS:~ ~~ ~~-Gc ~~. COPY TO: lfl.{ SIGNFff~ .ow*- Stuart H. Bu.rsian, La1ldscape Arc.'litect (305) 357-6543 BROWARD COUNTY BOARD OF COUNTY COMMlSSlOtJERS - An Equal Opportunity Employer and Provider of Serv!ce:. Scott I. Cowan Suzanne N. Gunzburger John P. Holt Lori Nonce Parrish SyMo Poi1lE!. John E. Roostro'Tl. Jr. Gerald F. Thompson We',. Building A Futu,. For Your Family. And Your Bu.'_.