HomeMy WebLinkAboutR-2002-101 RESOLUTION NO. 2002-101
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA,
AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE A FIRST
AMENDMENT TO THE AQUATIC MANAGEMENT AGREEMENT
EXISTING BETWEEN THE CITY AND ALLSTATE RESOURCE
MANAGEMENT, INC., TO PROVIDE THAT THAT COMPANY WILL
PROVIDE AQUATIC MANAGEMENT SERVICES FOR TWO LAKES FOR
THE ESTATES OF FORT LAUDERDALE AND EIGHT LAKES FOR THE
ESTATES OF FORT LAUDERDALE'S GOLF COURSE; FURTHER,
AUTHORIZING EXECUTION BY SUCH CITY OFFICIALS OF AN
AGREEMENT ON BEHALF OF THE CITY WITH THE ESTATES OF
FORT LAUDERDALE PROPERTY OWNERS ASSOCIATION, INC.
PERTAINING TO THE CITY'S AGREEMENT TO MAINTAIN THE LAKES;
PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, pursuant to a recent municipal annexation, which became effective
® on September 15, 2001, the City proposed to maintain lakes owned by the Estates of
Fort Lauderdale Property Owners Association, Inc. ("Estates"), at the price specified in
an agreement existing between Allstate Resource Management, Inc. ("ARMI") and the
Estates; and
WHEREAS, on January 1, 2002, the City and ARMI entered into an agreement
for aquatic management services ("Agreement") for certain lakes designated by City;
and
WHEREAS, the City and ARMI wish to amend the Agreement to provide for
additional aquatic management services for two lakes owned by the Estates and eight
other lakes owned by the Estates associated with its Golf Course; and
WHEREAS, in exchange for such maintenance the lakes may be used by the
City for public drainage purposes; and
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F:/566001:/Resolutions:/ARMI—First Amendment RESOLUTION NO. 2002-101
WHEREAS, the Charter of the City of Dania Beach, Part III, Article 3, Section 4,
® Subsection (J), provides in pertinent part that during unusual conditions, the City
Commission may, by resolution, authorize the purchase by the City Manager of
designated supplies, services, equipment and materials in amounts in excess of fifteen
thousand dollars ($15,000.00) without competitive bids and without advertisement for
bids; and
WHEREAS, the City Commission desires to authorize the City Manager to
include the maintenance services of lakes owned by Estates in the City's existing
contract with ARMI; and
WHEREAS, the City and the Estates wish to enter into an agreement relating to
the City's provision of lake maintenance services for the lakes owned by the Estates;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF DANIA BEACH, FLORIDA:
Section 1. That the appropriate City Officials are authorized to execute a First
Amendment to the Aquatic Management Agreement with ARMI, and further to execute
an Agreement with the Estates, both of which relate to maintenance of lakes owned by
the Estates.
Section 2. That the City Manager and City Attorney are authorized to make
minor revisions to the First Amendment to the Aquatic Management Agreement with
ARMI and to the Agreement with the Estates, as are deemed necessary and proper for
the best interests of the City.
Section 3. That copies of such documents are attached and made a part of
this Resolution.
Section 4. That all resolutions or parts of resolutions in conflict with this
resolution are repealed to the extent of such conflict.
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F:/566001:/Resolutions:/ARMI—First Amendment RESOLUTION NO. 2002-101
Section 5. That this resolution shall be in force and take effect immediately
upon its passage and adoption.
PASSED AND ADOPTED this 9th day, ly, 2002.
RO ERT H. CHU , JR.
MAYOR — COMMISSIONER
ATTEST: ROLL CALL:
COMMISSIONER BERTINO - YES
COMMISSIONER MCELYEA - YES
C ARL NE J SON COMMISSIONER MIKES - YES
CITY CLERK VICE-MAYOR FLURY - YES
MAYOR CHUNN - YES
APPROVED AS TO ORM AND CORRECTNESS:
BY: I 11 i
THOM S J LANSBRO
CITY TORNEY
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F:/566001:/Resolutions:/ARMI—First Amendment RESOLUTION NO. 2002-101
FIRST AMENDMENT TO AQUATIC MANAGEMENT AGREEMENT
This is. a First Amendment to the Aquatic Management Agreement existing between
Allstate Resource Management, Inc. ("ARMI"), a F orida corporation and the City of Dania
Beach ("Customer"). It is entered into on 1, 2002 ("First Amendment"), and it is
an Amendment to the Agreement existing between ARMI and Customer dated January 1, 2002
(the "Agreement"). >
The Customer and ARMI wish to amend the Agreement, to provide that in addition to its
current services (aquatic management services for five (5) lakes designated by City in the
Agreement) ARMI will also provide aquatic management services for two lakes for the Estates
of Ft. Lauderdale and eight lakes for The Estates of Ft. Lauderdale Golf Course.
In consideration of the mutual covenants, terms and conditions contained in this First
Amendment and other good and valuable consideration, the adequacy and receipt of which are
acknowledged,the parties agree as follows:
1. Paragraph 1 of the Agreement is deleted and in its place it shall read as follows:
1. ARMI will provide aquatic management services on behalf of the Customer in
accordance with the terms and conditions of this Agreement at the following
aquatic sites(s):
® Five (5) lakes (6,745 total linear foot perimeter, located in the City of Dania
Beach, Broward County, Florida)
and
Two (2) lakes owned by the Estates of Ft. Lauderdale and eight (8) lakes owned
by the Estates of Ft. Lauderdale for use with the Estates' Golf Course (10,335
total linear foot perimeter for the two (2) lakes and 7,865 linear foot perimeter for
the eight (8) lakes associated with the Golf Course) located in the City of Dania
Beach, Broward County, Florida.
2. Paragraph 2 of the Agreement is amended to add the following new services' costs
provisions:
Customer agrees to pay ARMI the following amount(s) during the term of this agreement
for.these specific waterway management services:
F:/566001:/Agreements:/ARMI(first amendment)
:V
f
Algae And Aquatic Plant Control—The Estates' Lakes $400.00/monthly
Algae And Aquatic Plant Control—The Estates Golf $385.00/every other month
Course Lakes
12 treatments per year minimum — The Estates' lakes. Additional necessary visits at no
extra cost. 6 treatments per year—The Estates' Golf Course lakes.
3. Paragraph 3 of the Agreement is deleted and in its place it shall read as follows:
Schedule of payment: First month's payment was due and payable upon execution of the
Agreement; the balance shall be payable in advance in applicable monthly installments.
4. Paragraph 10 is amended to read as follows:
ARMI's Insurance Certificate shall be revised to specifically name Customer as an "Additional
Named Insured".
5. All other terms and conditions of the Agreement, except as amended by this First
Amendment, shall remain in full force and effect.
6. In the event of any conflict between any provision of the Agreement and any provision
® in this First Amendment, the parties agree that the provisions of this First Amendment are
controlling.
F:/566001:/Agreements:/ARMI(first amendment) 2
IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day
® and year first above written.
Signed, sealed and delivered ALLSTATE RESOURCE
in the presence of: MANAGEMENT,INC., a
Florida Corporation
B Y J� l� U"�i .��(\r B Y:��G�o o �u-�t'ELA-
Wit ess (Signature) (Print or LeNa40 k) �
Print Name (Si tore)
By: AS ITS: (
Witness (Signature) (Title)
Print Name
® CUSTOMER- CITY OF DANIA BEACH,FLORIDA
ATTEST: BY:
v`
*erthunn
missioner
BY: , BY:
Charlene Ivan Johns , City Clerk P o, C` Manager
APPROVED AS TO L AL SUFFICIENCY:
�n n
BY: 1� d
Thomas J. Ansbro, City Attorney
R/566001 JAgreementsIARMI(first amendment) 3
0
• WEED & ALGAE CONTROL
• ENVIRONMENTAL SERVICES
• FISH STOCKING
• WETLAND PLANTING
EZZ ®RCS MANAGEMENT • FOUNTAINS & AERATION
ELd�
AQUATIC MANAGEMENT AGREEMENT
This agreement, dated October 1, 1998,. is made between ALLSTATE RESOURCE
MANAGEMENT, INC. (ARMI) and CUSTOMER.-
City Of Dania
100 West Dania Beach Boulevard (954) 921-8700 Ext. 216
Dania, Florida 33004 (954) 922-5619 FAX
Both Customer and ARJMI agree to the following terms and conditions:
l. ARMI will provide aquatic management services on behalf of the customer in accordance
with the terms and conditions of this agreement at the following aquatic site(s):
Eight (8) lakes (10,491 total linear foot perimeter) Iocated at City of Dania in Broward
County, Florida - map attached.
2 Customer agrees to pay ARMI the followinQ amount(s) during the term of this agreement
for these specific waterway management services:
Alvae And Aquatic Plant Control $400.00 / monthly
Border Grass And Brush Control To Water's Edge Included
Nlfcnth!y Water Tasting includec'
Fish & Wildlife Monitoring Included
Fish Stocking (Bass and Bream) Optional
Biological Control Agent Permit Application Included*
Triploid Grass Carp, Mosquito Fish
Management Reporting Included
12 treatments per year minimum. Additional necessary visits at no extra cost.
2041 S.W. 70th AVENUE • BUILDING D-11 • DAVIE, FLORIDA 33317.7326
(954) 452.0386 • Fax: (954) 452-0387
1 �
AQUATIC MANAGEMENT AGREEMENT Page 2
3. Schedule of payment: First month's payment shall be due and payable upon execution of
PY P , P
this agreement; the balance shall be payable in advance in equal monthly installments.
4. The offer contained in this agreement is valid for thirty (30) days only and must be
returned to our offices for acceptance within that period.
�. ARMI agrees to use only products that have been shown to present a wide margin of
safety for Florida fish and wildlife.
6. This agreement may be terminated by either party with thirty (30) days written notice.
Notification must be sent by certified mail, return receipt requested, to ALLSTATE
RESOURCE MANAGEMENT, INC., 2041 S.W. 70th Avenue, Building D-11, Davie,
Florida 33317-7326. CUSTONIER agrees to pay for all services rendered by ARMI to
date of termination of contract. ARMI reserves the right.. under special circumstances, to
initiate surcharges relating to extraordinary price increases of water treatment products.
7. This agreement will automatically renew yearly, on the anniversary date, unless terminated
by either party with thirty (30) days written notice.
S. FISH STOCKING. Annual Spring Fish Stocking optional.
9. Addendums: See
attached map, survey and report (where applicable).
A. Monthly water testing and monitoring as necessary for the success of the aquatic
weed control program is included.
B. Additional work as requested by customer such as trash clean-up, physical cutting
and/or plant removal and other manual maintenance may be performed by our
staff Extra service work %vill be invoiced separately at our ,:urrent hourly
equipment and labor rates.
C. Care for aquatic sanctuary areas and littoral shelves planted with sensitive aquatic
flora is not included herein.
D Care proposed in this contract is for maintenance control of aquatic growth and
will not eradicate all plants in the water.
10. Insurance Certificate enclosed.
AQUATIC MANAGEMENT AGREEMENT Page 3
11. This agreement constitutes the entire agreement of ARW and the CUSTOMER. No oral
or written alterations of the terms contained herein shall be deemed lid unless made in
writing and accepted by an authorized agent of both ARMJ TONER,
ALLSTA RESOURCE MANAGEMENT, INC. CUS
DAT-E
* Triploid grass carp stocking subject to required approval of Florida Game & Fresh Water Fish
Commission.
•
02cod.con:
0
• WEED & ALGAE CONTROL
• ENVIRONMENTAL SERVICES
- FISH STOCKING
• RESOURCE MANAGEMENT - WETLAND PLANTING
• FOUNTAINS & AERATION
Thlephone: (954) 382-9766
Fax: (954) 382.9770
www.allstatemanagement.com
e-mail: waterweedoaci.com
Fax Transmission Cover Sheet:
Date:
To: l tll d
*From, "' t�/?n4rec
This fax transmission has a total of �/ pages (including the cover sheet
P 9 ( 9 ).
Comment: 77-� ov '1o, c.�L-J'_-5
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7
if
If you do not receive this fax in good form, please call us
2041 S.W. 70th AVENUE - BUILDING D-11 • DAVIE, FLORIDA 33317.7326
0
i . - WELD &.ALGAE CONTROL
- ENVIRONMENTAL SERVICES
FISH STOCKING
- WETLAND PLANTING
RESOURCE, A AGE E T - FOUNTAINS & AERATION
AQUATIC MANAGEMENT AGREEMENT
This agreement, dated December 1, 2001, is made between ALLSTATE RESOURCE
MANAGEMENT, INC. (ARMI) and CUSTOMER:
City of Dania Beach -The Estates of Ft. Lauderdale
Post Office Box#1708 (954) 921-8700
Dania Beach, Florida 33004 (954) 921-2604 FAX
Both Customer and ARMI agree to the following terms and conditions:
1. ARMI will provide aquatic management services on behalf of the customer in
accordance with the terms and conditions of this agreement at the following
aquatic site(s):
Two (2) lakes for The Estates of Ft. Lauderdale and eight (8) lakes for The
Estates of Ft. Lauderdale Golf Course (10,335 total linear foot perimeter - The
Estates and 7,865 total linear foot perimeter - The Estates Golf Course) located
in the City of Dania Beach in Broward County, Florida.
2. Customer agrees to pay ARMI the following amount(s) during the term of this
agreement for these specific waterway management services:
Algae And Aquatic Plant Control - The Estates $400.00 / monthly
Algae And Aquatic Plant Control - The Estates Golf $385.00 / bi-monthly
Border Grass And Brush Control To Water's Edge Included
Monthly Water Testing Included
Fish & Wildlife Monitoring Included
Fish Stocking (Bass and Bream) Optional
Biological Control Agent Permit Application Included"
Triploid Grass Carp, Mosquito Fish
Management Reporting Included
•
2041 S-W_ 70th AVENUE - BUILDING D-11 - DAVIE, FLORIDA 33317-7326
(954) 382-9766 - Fax: (954) 382-9770
www-allstatemanagement.com - e-mail: waterweed@aol.com
• AQUATIC MANAGEMENT AGREEMENT page 2
12 treatments per year minimum - The Estates. Additional necessary visits at no extra
cost. 6 treatments per year - The Estates Golf Course.
3. Schedule of payment: First month's payment shall be due and payable upon
execution of this agreement; the balance shall be payable in advance in equal
monthly installments.
4. The offer contained in this agreement is valid for thirty (30) days only and must
be returned to our offices for acceptance within that period.
5. ARMI agrees to use only products that have been shown to present a wide
margin of safety for Florida fish and wildlife.
6. This agreement may be terminated by either party with thirty (30) days written
notice. Notification must be sent by certified mail, return receipt requested, to
ALLSTATE RESOURCE MANAGEMENT, INC., 2041 S.W. 70th Avenue,
Building D-11, Davie, Florida 33317. CUSTOMER agrees to pay for all services
rendered by ARMI to date of termination of contract_ ARMI reserves the right,
under special circumstances, to initiate surcharges relating to extraordinary price
increases of water treatment products.
7. This agreement will automatically renew yearly, on the anniversary date, unless
terminated by either party with thirty (30) days written notice.
8. FISH STOCKING_ Annual Spring Fish Stocking optional.
9, Addendums: See attached map, survey and report (where applicable).
A. Monthly water testing and monitoring as necessary for the success of the
aquatic weed control program is included.
B. Additional work as requested by customer such as trash clean-up,
physical cutting and/or plant removal and other manual maintenance may
be performed by our staff. Extra service work will be invoiced separately
at our current hourly equipment and labor rates.
C. Care for aquatic sanctuary areas and littoral shelves planted with
sensitive aquatic flora is not included herein.
D. Care proposed in this contract is for maintenance control of aquatic
growth and will not eradicate all plants in the water.
• AQUATIC MANAGEMENT AGREEMENT page 3
10. Insurance Certificate enclosed.
11. This agreement constitutes the entire agreement of ARMI and the CUSTOMER.
No oral or written alterations of the terms contained herein shall be deemed valid
unless made in writing and accepted by an authorized agent of both ARMI and
CUSTOMER.
ALLSTATE RESOURCE MANAGEMENT, INC_ CUSTOMER
DATE
Triploid grass carp stocking subject to required approval of Florida Fish & Wildlife
Conservation Commission.
• 02codeff.pro:
i
• WEED & ALGAE CONTROL
• ENVIRONMENTAL SERVICES
• FISH STOCKING -
• • WETLAND PLANTING
ESOURCE MANAGEME14T • FOUNTAINS & AERATION
December 11, 2001
0op�
Ms. Louise Velo
Estates of Ft. Lauderdale
2850 S.W. 54"' Street
Ft. Lauderdale, Florida 33312
i
Dear Ms. Velo:
As we have not received payment for the Estates of Ft. Lauderdale, and Estates of Ft.
Lauderdale Golf Course since October. As December service has been performed, we
are temporarily suspending service in January until your account is brought up to date.
There are three months for the Estates in the amount of$1,200.00, and one month for
Estates Golf in the amount of$385.00 (copies enclosed).
Please call if you have any questions. Thank you for your help with this important
matter.
Respectfully yours,
ALLSTATE RESOURCE MANAGEMENT, INC.
Shay V`
r Bustos Fitz
Enc: mavvJI n�
02eofl.let:
2041 S.W. 70th AVENUE • BUILDING 0-11 • DAVIE, FLORIDA 33317.7326 �5 , ` ;\1L
(954) 382-9766 • Fax: (954) 382-9770
WWW_allstafnm�n�..o...s..♦ ....». _ .- �_e - ----�----- -��._ i
THIS INSTRUMENT PREPARED BY
AND SHOULD BE RETURNED TO:
Karen Lieberman, Esq.
WEISS SEROTA HELFMAN
PASTORIZA & GUEDES, P.A.
3107 Stirling Rd., Suite 300
Ft. Lauderdale, FL 33312
(954) 763-4242
AGREEMENT BETWEEN THE CITY OF DANIA BEACH AND
ESTATES OF FORT LAUDERDALE PROPERTY OWNERS ASSOCIATION, INC.
THIS IS AN AGREEMENT (the "Agreement") entered into on '>!N 2002
rP P
between THE CITY OF DANIA BEACH, FLORIDA, a municipal co oratio of Florida the
"City") and Estates of Fort Lauderdale Property Owners Association, Inc., a Florida non-
profit corporation ("Estates"), jointly referred to as the "Parties".
WHEREAS, pursuant to a recent municipal annexation, which became effective on
September 15, 2001, the City proposed to maintain (limited to algae and aquatic plant control)
lakes owned by the Estates, at the price specified in a contract existing between the Estates and
Allstate Resource Management, Inc. ("ARMI")• and
WHEREAS, in exchange for City maintenance of the lakes, described above, Estates
agrees that the lakes may be used by the City for public drainage purposes; and
WHEREAS, the parties desire to set forth in writing the duties and obligations of each
Party;
NOW, THEREFORE, in consideration of the mutual covenants, terms and conditions
contained in this Agreement, and other good and valuable consideration, the adequacy and
receipt of which are acknowledged, the parties agree as follows:
Section 1. Responsibilities of City_
1.1 City agrees to maintain the lakes owned by the Estates at the price as specified
in the Aquatic Management Agreement existing between the Estates and ARMI, as
incorporated in the agreement between ARMI and the City, a copy of which agreement is
attached and marked as Exhibit "A".
1.2 The Estates agrees and acknowledges that City has no responsibility to maintain
any other aspects of the lakes other than the responsibilities as set forth in the above described
agreement, i.e., the control by ARMI of algae and aquatic plants only.
1.3 The Estates agrees and acknowledges that the City has no responsibility
whatsoever for control or supervision of any other activities of any kind in and around any or
all the lakes, including but not limited to fishing, swimming or boating.
1.4 The City agrees and acknowledges that if, for any reason its contract with
ARMI should terminate, City shall provide equivalent lake maintenance services to the Estates
at no cost to the Estates, by entering into a similar Aquatic Management Agreement with
another entity.
Section 2. Term.
The term of this Agreement shall commence upon execution and remain in effect for
five (5) years from the date of execution, with three (3), five (5) year automatic renewal
periods, unless terminated sooner pursuant to Section 3 of this Agreement. Further renewals
may be authorized subject to all laws then applicable.
Section 3. Termination.
• 3.1 If either party elects to terminate the Agreement for cause, the party will
provide the other party at least ten (10) days' advance written notice. If the party promptly
cures the matter giving rise to the cause within that time the Agreement shall continue. If not
cured within fifteen (15) days of written notice, the Agreement shall stand terminated. For
purposes of example, the failure (for any reason whatsoever) of Estates to provide and
maintain insurance continuously during the Agreement term shall constitute an event allowing
for termination for cause. In the event of any lack of required coverages, this Agreement shall
automatically terminate and cannot be revived unless coverage is immediately restored.
3.2 The Estates understands and agrees that the City, during any fiscal year, is not
authorized to expend money, incur any liability, or enter into any contract which, by its terms,
involves the expenditure of money in excess of the amounts budgeted as available for
expenditure during such fiscal year. Notwithstanding the provisions of this section 3.2, the
City agrees to use its best efforts to budget sufficient amounts of money to pay for the costs of
lake maintenance as provided in the Agreement with ARMI or any other similar entity which
performs the maintenance.services.
3.3 Notice of such termination shall be provided pursuant to the Notice provision of
this Agreement.
2
Section 4. Indemnification of City.
t f�
(a) To the fullest extent permitted by law, Estates agrees to indemnify,
defend, save and hold harmless the City, its officers, agents and employees from any and all
claims, damages, losses, liabilities and expenses, direct, indirect or consequential, arising out
of or alleged to have arisen out of or in consequence of the obligations of City.pursuant to this
Agreement.
(b) It is specifically understood and agreed that the consideration inuring to
Estates for the execution of this Agreement consists of the promises, payments, covenants,
rights and responsibilities contained in this Agreement.
(c) The execution of this Agreement by Estates shall obligate Estates to
comply with the foregoing indemnification provision; however, the collateral -obligation of
providing insurance must be also complied with as set forth below.
Section 5. Insurance. Estates shall provide, pay for and maintain in force at all
times during the term of this Agreement, comprehensive general liability insurance as stated
below:
(a) Limits of Insurance
• Liability and Medical Expenses $1,000,000.00
Medical Expenses $ 5,000.00 per person
Umbrella $ 5,000,000.00 per person
(b) Upon execution of this Agreement, Estates shall provide the Risk
Manager of the City Certificates of Insurance for coverages and policies
required by this Agreement. All applicable certificates shall state that
the City shall be given thirty (30) days' advance notice prior to
expiration or cancellation of any policy. Such policies and coverages
shall not be affected by any other policy of insurance which the City may
carry in its own name. The City of Dania Beach shall be named as an
"additional named insured" in all such policies.
Section 6. Assignment of Agreement.
It is understood and agreed by'both parties that this Agreement, in whole or in
part, cannot be assigned, sublet or transferred by either party without the prior written consent
of the other party.
Section 7. Binding_Recorded Instrument.
3
7.1 This Agreement shall be binding upon the parties, their successors and assigns
• and shall run as a covenant with the land owned by Estates and described in Exhibit B, a copy
of which is attached.
7.2 Estates agrees that this Agreement may be recorded in the Public Records of
Broward County, Florida.
Section 8. Notices.
Except as provided above, whenever either party desires to or must give notice to the
other, it must be given by written notice, sent by certified U.S. mail, with return receipt
requested, addressed to the party for whom it is intended, at the place last specified and the
place for giving of notice in compliance with the provisions of this paragraph. For the present,
the parties designate the following as the respective persons and places for giving of notice:
City: Ivan Pato, City Manager
City of Dania Beach
100 West Dania Beach Boulevard
Dania Beach, Florida 33004
With a copy to: Thomas J. Ansbro, City Attorney
Weiss Serota Helfinan Pastoriza & Guedes
3107 Stirling Rd., Suite 300
Ft.'Lauderdale, FL 33312
Estates: Estates of Fort Lauderdale Property
Owners Association, Inc.
Attention: President
2850 SW 54' Street
Ft. Lauderdale, FL 33312-6505
With a copy to: Straley & Otto, P.A.
3990 Sheridan St, Suite 109
Hollywood, FL 33021
Section 9. Consent to Jurisdiction.
The parties agree that the jurisdiction for any legal action arising out of or pertaining to
this Agreement shall be the Circuit Court for the Seventeenth Judicial Circuit in and for
Broward County, Florida, or the federal District Court in the Southern District of the United
States as applicable. Each party further agrees that venue for any action to enforce this
Agreement shall be in Broward County, Florida.
4
Section 10. Governing Law.
The parties agree that this Agreement shall be construed in accordance with and
governed by the laws of the State of Florida.
Section 11. Attorneys' Fees and Costs.
If City or Estates incurs any expense in enforcing the terms of this Agreement, whether
suit is brought or not, each party shall bear its own costs and expenses including, but not
limited to, court costs and reasonable attorneys' fees.
Section 12. Headings.
Headings in this document are for convenience of reference only and are not to be
considered in any interpretation of this Agreement.
Section 13. Exhibits.
Each exhibit referred to in this Agreement forms an essential part of this Agreement
and each is incorporated by this reference.
Section 14. Severability.
If any provision of this Agreement or the application of it to any person or situation
shall to any extent be held invalid or unenforceable, the remainder of this Agreement, and the
application of such provisions to persons or situations other than those as to which it shall have
been held invalid or unenforceable, shall not be affected, shall continue in full force and effect,
and shall be enforced to the fullest extent permitted by law.
Section 15. All Prior Agreements Superseded.
This document incorporates and includes all prior negotiations, correspondence,
conversations, agreements and understandings applicable to the matters contained in this
Agreement and the parties agree that there are no commitments, agreements or understandings
concerning the subject matter of this Agreement that are not contained in this document.
Accordingly, it is agreed that no deviation from the terms of this Agreement shall be
predicated upon any prior representations or agreements, whether oral or written.
5
Section 16. Independent Contractors.
This Agreement shall not in any way be construed to create a partnership, association
or any other kind of joint undertaking, enterprise or venture between the parties to this
Agreement.
Section 17. Amendments.
No modification, amendment or alteration in any of the terms or conditions contained in
this Agreement shall be effective unless contained in a written document prepared with the
same or similar formality as this Agreement and executed by both the City and Estates.
Section 18. Waiver of Breach and Materiality.
Failure by the City or Estates to enforce any provision of this Agreement shall not be
deemed a waiver of-such provision or modification of this Agreement. A waiver of any breach
of a provision of this Agreement shall not be deemed a waiver of any subsequent breach and
shall not be construed to be a modification of the terms of this Agreement. The City and
Estates agree that each requirement, duty and obligation set forth in this Agreement is
substantial and important to the formation of this Agreement and, therefore, each is a material
term of this Agreement.
Section 19. Priority of Provisions.
In the event of any conflict between any provisions of this Agreement and any provision
in any Exhibits attached to it, the parties agree that the provisions of this Agreement l are
controlling.
IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the
day and year first above written.
CIT DANIA BEACH, F RIDA
ATTEST: BY:
May r - Co ssioner
By BY:
Charlene Johnson, ity Clerk `� /van Pato, City Manager
APPROVED AS TO LEGAL SUFFICIENCY:
6
' BY:
�® Thomas J. Ansbro, City Attorney
Signed, sealed and delivered Estates of Fort Lauderdale Property
in the presence of the following witnesses: Owners Association, Inc., a Florida
corporation
BY: oo /.
W Signa e) Richard Theriault, vice President
Print N
ATTEST:
Wi ss (Signature)
Print Name 2nd vice President
(CORPORATE SEAL)
7
STATE OF FLORIDA
COUNTY OF BROWARD
The foregoing instrume t was acknowledged before me J ,2002
by Richard Theriault Vice President and
respectively of Estates of Fort Lauderdale Property Owners Association, Inc., a
Flo t corporation on behalf of the non-profit corporation. Each is
personally know o me or each has produced as identification
an di >< not) take an oath.
Joanne Lavigne
Commission#CC 869510
y "= Expires Oct. 19,2003 1
�} Bonded Thru Pu of Florida
Wssf1jit"�,, Atlantic Bonding Co.,Ina
My Commission Expires:
8
STRALEY & OTTO, P.A.
ATTORNEYS AND COUNSELORS AT LAW
TEPHEN J.STRALEY CHARLES E OTTO
SENIOR PARTNER PARTNER
July 31, 2002
Karen Lieberman, Esq.
Weiss, Serota, et al. VIA HAND DELIVERY
3107 Stirling Road, Suite 300
Fort Lauderdale, Florida 33312
RE: Estates of Fort Lauderdale Property Owners Association, Inc.
Lake Maintenance Agreement between City of Dania Beach and Association
Dear Karen:
Enclosed please find the original Agreement between the City and the Estates signed by my
client. Please have your client sign the original and have a copy forwarded to me for mine and
my client's files.
Again, my client has asked that I inquire about payment to it, reimbursing it for the last several
months of lake maintenance. It seems that the City had agreed to pay for the lake maintenance
beginning at the time of the vote on annexation, and one of my client's Board Members stated
that the City Commission spoke of this again at the last Commission meeting. Please inform me
of when my client can expect payment, and the amount which the City expects to pay.
It has been a pleasure working with you on this matter, and I look forward to quickly wrapping-
up all outstanding issues.
Very truly yours,
C �ESF.
CFO/ka
Enclosures
REPLY TO: ATRIUM PLAzA
5201 BLUE LAGOON DRIVE • PENTHOUSE 3990 SHERIDAN STREET• SUITE 109 1515 NORTH FEDERAL HIGHWAY • SUITE 300
NIIAMI,FLORIDA 33126 HOLLYWOOD,FLORIDA 33021 BOCA RATON,FLORIDA 33432
EMAIL-INFO®STRALEYPA.COM
BROWARD PHONE:(954)962-7367 • BROWARD FAx:(954)962-7423 • DADE FAx:(305)893-4326 •TOLL FREE NUMBER:930-3138
THE ESTATES OF FORT LAUDERDALE
POA SPECIAL BOARD MEETING
DATE: July 25, 2002
TIME: 7:00 P.M.
PLACE: Conference Room
ROLL CALL: Richard Theriault, Ellie DePaula, Rosemarie Sutcliffe, Peter Saglio, Cy
Rosenthal, John Davis and Rick Testani.
MOTION: Ellie DePaula - I make a motion for the board to approve the Agreement
between the Estates of Fort Lauderdale and the City of Dania Beach for Lake
Maintenance. The board authorized Vice President Richard Theriault to sign the
agreement as acting President.
Vote Results: Unanimous yes vote from the board.
Agreement for Lake Maintenance with the City of Dania Beach approved.
Richard Theriault was authorized to sign the agreement.
ADJOURNMENT: Motion to adjourn the meeting John Davis, seconded Peter Saglio.
/A
PETE AGLIO
SECRETARY
CITY OF DANIA BEACH
MEMORANDUM
TO: Mayor and Commissioners
CC: Ivan Pato, City Manager
Michael Sheridan, P.E., Public Works/Utilities Director
FROM: Tom Ansbro, City Attorney
DATE: July 3, 2002
RE: Maintenance of Lakes for Estates of Fort Lauderdale
As directed by the City Commission, agreements have been prepared, pursuant to
which the City will arrange for a contractor to provide "aquatic management services" (limited
to algae and aquatic plant control) for lakes owned by the Estates of Fort. Lauderdale
("Estates") which now form a part of the City as a result of the annexation effective on
September 15, 2001. Copies of the agreements with the Estates and its contractor, as well as
an authorizing resolution for both, are attached.
The principal features of the Agreements are as follows:
A.areement between City and Estates:
■ City agrees to arrange for the provision of the services by Allstate
Resource Management, Inc. ("ARMI") and pay the maintenance cost, in
exchange for the right to use the lakes to assist in drainage for public
purposes.
■ The City's commitments are solely confined to such maintenance
services (i.e., no responsibilities are assumed for supervision of the lakes
Mayor and Commissioners
July 3, 2002
Page 2
or for regulation of any activities of any kind, including swimming,
boating or fishing).
• An original term of five (5) years, with three (3) five (5) year automatic
renewal periods has been included.
■ A "termination for cause" provision has been included - failure to
continuously maintain insurance which names the City as an "additional
named insured" is an example of a reason for which the City would find
cause to terminate.
■ A statement is included that for any fiscal year, the City cannot commit
to spend money which is not budgeted. This is a standard provision to
address the contingency of any possible future inability of the City to
continue to pay for the services, due to financial emergency.
■ Estates must indemnify and hold harmless the City and provide insurance
in amounts and coverages which have been reviewed and approved by
the City's risk consultant, in which policies the City is to be an
"additional named insured".
First Amendment to Aquatic Management Agreement:
■ The City and ARMI currently have a contract dated January 1, 2002 by
which ARMI maintains five (5) lakes designated by the City. The
Amendment adds two of the lakes owned by the Estates and eight other
"golf course lakes" also owned by the Estates.
■ The maintenance cost for the two lakes is $400.00 per month while the
cost for the golf course lakes is $385.00 every other month.
■ ARMI must also name the City as an "additional named insured"
These matters are now ready for Commission review and approval.
TJA:slw
Attachments
2
MIDTERM CHANGE DOCUMENT
POLICY NO. BPO 0 013141
CLAREND04i NATIONAL INSURANCE CO. 090052 AGM INSURANCE AGENCY
NAMEDINSURED ESTATES OF FT. LAUDERDALE, ESTATES OF FT. LAUDERDAL
MAILING ADDRESS 2850 SW 54TH STREET
FT. LAUDERDALE, FL 33312-6505
POLICY PERIOD: From 11/15/2001 to 11/15/2002 at
12:01 A.M. Standard Time at your mailing address shown above.
CHANGE EFFECTIVE 0 8/01/2 0 0 2 CHANGE# 00001
DESCRIPTION
THE FOLLOWING ADDITIONAL INSURED HAS BEEN ADDED TO
THE POLICY PER ATTACHED SCHEDULE.
FORM BP04070187-ADDTIL INSURED-STATE OR POLITICAL SUBDV
HAS BEEN ADDED TO THE FORMS SCHEDULE.
t
Original New
Premium$ 2 8 , 4 2 5 Premium$ 28 , 456 Total Add'I/Return Premium$ 9
ADDITIONAL
COUNTERSIGNED 08/01/2002 BY A %
(Date) (Authorized Representative) WGT
CLAREN._-N NATIONAL INSURANCE CO.
ADD)ZONAL INSURED SCHEDULE
POLICY# 3P00013141 AGENT: AGM INSURANCE AGENCY
# 090052
ESTATES OF FT. LAUDERDALE
0 TATES OF FT. LAUDERDALE PROPERTY
50 ,SW 54TH STREET
FT. LAUDERDALE, FL 33312-6505
ADDITIONAL INSURED
CITY OF DANIA
ATTN: IVAN PATO
100 WEST DANIA BEACH BLVD
DANIA BEACH, FL 33004 BLD# - 000 LOC# - 000
BP04070187-ADDT'L INSURED-
STATE OF POLITICAL SUBDV
POLICY NUMBER: BUSINESSOWNERS
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
® ADDITIONAL INSURED-STATE OR POLITICAL
SUBDIVISIONS-PERMITS RELATING TO PREMISES
This endorsement modifies insurance provided under the following:
BUSINESSOWNERS POLICY
SCHEDULE*
State or Political Subdivision:
The following is added to Paragraph C. WHO IS AN a. The existence, maintenance, repair, construc-
INSURED in the Businessowners Liability Coverage tion, erection, or removal of advertising signs,
Form: awnings, canopies, cellar entrances, coal
4. Any state or political subdivision shown in the holes, driveways, manholes, marquees, hois-
Schedule is also an insured, subject to the follow- taway openings, sidewalk vaults, street ban-
ing additional provision: ners, or decoration and similar exposures;
This insurance applies only with respect to the fol- b. The construction, erection, or removal of ele-
lowing hazards for which the state or political sub- vators;or
division has issued a permit in connection with c. The ownership, maintenance,or use of any el-
premises you own, rent, or control and to which evators covered by this insurance.
this insurance applies:
-i Information required to complete this Schedule, if not shown on this endorsement, will be shown in the Declara-
tions.
BP 04 07 0187 Copyright, Insurance Services Office, Inc., 1985