HomeMy WebLinkAboutR-2001-033 RESOLUTION NO. 2001-033
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO
EXECUTE AN AMENDMENT TO THE DISTRICT FOUR (4)
MAINTENANCE MEMORANDUM OF AGREEMENT (HIGHWAY
BEAUTIFICATION GRANT FOR 1999-2000) EXISTING BETWEEN THE
CITY AND THE FLORIDA DEPARTMENT OF TRANSPORTATION
RELATING TO LANDSCAPING IMPROVEMENTS FOR 1-95 AND GRIFFIN
ROAD MEDIANS, SUCH AMENDMENT TO REVISE EXHIBIT A TO
INCLUDE A PARCEL TO BE MAINTAINED BY WALBURG-
STORAGEMART PARTNERS, LP; FURTHER, AUTHORIZING
EXECUTION BY SUCH OFFICIALS OF AN AGREEMENT WITH
WALBURG-STORAGEMART PARTNERS, LP PERTAINING TO ITS
OBLIGATION TO INSTALL AND MAINTAIN LANDSCAPING AS TO THE
PARCEL ADJACENT TO ITS BUSINESS AS DESCRIBED IN THE
AGREEMENT TO BE AMENDED AS MENTIONED ABOVE; PROVIDING
FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, The Florida Department of Transportation (the "Department") and the
City.of Dania Beach entered into a Maintenance Memorandum of Agreement Highway
Beautification Grant for 1999-2000 on September 16, 1999 pertaining to landscaping
improvements of medians at the intersection of State Road 9 (1-95) and State Road 818
(Griffin Road); and
WHEREAS, there is a need to amend such agreement to revise Exhibit A attached
to it, to include a parcel of land which lies east of the business known as StorageMart; and
WHEREAS, Walburg-StorageMart Partners, LP ("StorageMart") has agreed to install
and maintain landscaping on the parcel adjacent to its business as a part of the existing
Agreement between the City and the Department;
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 an
Amendment to the District Four (4) Maintenance Memorandum of Agreement (Highway
Beautification Grant for 1999-2000) between the Department and the City, and further to
execute an Agreement with StorageMart for the installation and maintenance of
landscaping as a part of the existing Agreement between the City and the Department as
to the parcel described in a revised Exhibit A to be attached to such City-Department
Agreement.
F:/566001:/Resolution:/Amendment to StorageMart RESOLUTION NO.2001-033
1
Section 2. That the City Manager and City Attorney are authorized to make such
minor revisions to such documents as are deemed necessary and proper and in 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.
Section 5. That this resolution shall be in force and take effect immediately upon its
passage and adoption.
PASSED AND ADOPTED this 27T" day of MARCH, 2001.
ATTEST:
MAYOR - COMMISSIONdR
SHERYL HAPMAN ROLL CALL:
ACTING CITY CLERK COMMISSIONER MIKES -YES
. COMMISSIONER BERTINO -YES
COMMISSIONER MCELYEA-YES
VICE-MAYOR CHUNN -YES
MAYOR FLURY -YES
APPROVED AS TO FORMA CORRECTNESS:
BY: 1
THOMAS JANSBRO
CITY ATTORNEY
• F:/566001:/Resolution:/Amendment to StorageMart RESOLUTION NO.2001-033
2
• 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
THIS IS AN AGREEMENT (the "Agreement")entered into on the day of April,
2001, between: THE CITY OF DANIA BEACH, FLORIDA, a municipal corporation (the
"City") and WARBURG-STORAGEMART PARTNERS, LP, a Delaware Limited Partnership
("StorageMart"), authorized to do business in Florida.
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:
1.1 Responsibilities of StorageMart. StorageMart agrees to install and maintain
landscaping within and on land located within the corporate limits of the City and owned by
the Department of Transportation of the State of Florida (the"Department"), at no charge to
the City, as such land is described in the revised Exhibit A attached to the District Four(4)
Maintenance Memorandum of Agreement Highway Beautification Grant for 1999-2000,
existing between the Department and the City, a copy of which is attached to this
Agreement and incorporated by this reference as Exhibit 1. StorageMart shall comply with
every term, condition, duty and obligation set forth in Exhibit 1, including all exhibits to that
Maintenance Memorandum Agreement, but only as to the"Parcel"described in the revised
Exhibit A to the Agreement.
1.2. StorageMart acknowledges, pursuant to the motion adopted by the City
Commission at the December 19, 2000 City Commission meeting, that StorageMart shall
be responsible for payment of all cost recovery fees to the City, including but not limited to,
the City's legal and landscape consultant fees incurred in connection with the landscaping
commitments identified in this Agreement.
Page 1
1.3 StorageMart agrees and acknowledges that plans for the installation and
maintenance of the landscaping shall be reviewed and approved in writing by City's
landscape consultant. _
1.4 StorageMart agrees to provide the City with a cash payment equal to double
the costs reasonably anticipated to be incurred by StorageMart for the installation of the
landscaping prior to the issuance of a temporary Certificate of Occupancy.
1.5 StorageMart shall install and maintain such landscaping according to the
standards as set forth in Exhibit 1.
2.1 Inspections, Deficiencies, Relocation. The above referenced landscaping
functions performed by StorageMart shall be periodically inspected by the City. If the City
determines that such landscaping installation or maintenance is not properly performed
pursuant to this Agreement and Exhibit 1, the City at its option may issue a written notice
that one or more deficiencies exist by sending a certified letter to StorageMart in order to
place StorageMart on notice. Thereafter StorageMart shall have a thirty (30) day period to
correct any deficiency.
2.2 If all deficiencies are not corrected within the applicable time period, the City
may at its option proceed as follows:
(a) Maintain the landscaping or a portion of the landscaping, with City personnel
or a contractor's personnel and invoice StorageMart for expenses incurred and if not
promptly paid within thirty (30) days from mailing of the invoice by City, StorageMart's
Certificate of Occupancy ("C.O.") may be revoked or suspended by City until paid, or
(b) Terminate this Agreement and remove, retain and re-plant the landscaping at
locations deemed suitable by City, as prescribed below in paragraph 2.3 and invoice
StorageMart for such expenses incurred, or
(c) Revoke or suspend the C.O. of StorageMart until the deficiencies are
corrected.
Prior to any such C.O. revocation or suspension, StorageMart shall be given at least
fifteen (15) days' advance written notice by the City and an opportunity to appeal (in
writing, directed to the City Manager) such revocation or suspension decision to the City
Commission. A hearing on the appeal will be held within thirty (30) days from the date of
the first notice mentioned above and the decision of the City Commission shall be final.
2.3 It is understood between the parties that the landscaping covered by this
Agreement may be removed or relocated in whole or in part at any time in the future as
determined to be necessary by the Department or the City pursuant to Exhibit 1, if either or
Page 2
both the adjacent roads (Griffin Road and 1-95) are to be widened, altered or otherwise
changed to meet future City or Department needs, comply with Department criteria or other
plans of the Department. StorageMart shall be given sixty (60)days notice to remove such
landscaping after which time the Department or the City may remove or relocate same, or if
applicable, the City may terminate the agreement and proceed as specified in paragraph
2.2 (b) above.
3. Term. The term of this Agreement shall commence upon execution.
4. Indemnification of City.
(a) To the fullest extent permitted by law, StorageMart 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 and commitments of StorageMart, including any of its subcontractors, agents,
officers, employees or independent contractors as specified pursuant to this Agreement.
(b) It is specifically understood and agreed that the consideration inuring
to StorageMart for the execution of this Agreement consists of the promises, payments,
covenants, rights and responsibilities contained in this Agreement and the approvals given
by City to StorageMart relating to development of its business site.
(c) The execution of this Agreement by StorageMart shall obligate
StorageMart to comply with the foregoing indemnification provision; however, the collateral
obligation of providing insurance must be also complied with as set forth below.
5. Insurance. StorageMart shall provide, pay for and maintain in force at all
times during the term of this Agreement, such insurance, including Workers' Compensation
insurance and comprehensive general liability insurance as stated below:
(a) Workers' Compensation insurance to apply for all employees,
subcontractors or both in compliance with the "Workers'
Compensation Law" of the State of Florida and all applicable federal
laws, for the benefit of StorageMart's or its subcontractor's
employees, if such insurance is otherwise required by Florida law.
(b) With respect to StorageMart and its employees only, comprehensive
general liability insurance, including automobile, with minimum limits
of Five Hundred Thousand Dollars ($500,000.00) per occurrence,
combined single limit, for death, bodily injury liability and property
Page 3
damage liability. The City is to be included as an "additional named
insured" with respect to any claims arising out of this Agreement.
(c) Upon execution of this Agreement, StorageMart 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.
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 StorageMart without the prior written
consent of City; provided, however,that if the StorageMart buildings and business adjacent
to the landscaped site are ever sold, transferred or otherwise conveyed to any successor in
interest and written notice of same is provided to City, including notice and proof of an
express assumption by such successor of the obligations of this Agreement, then the
obligations in this Agreement are automatically binding upon such successor without the
necessity of such City consent.
7.1 Binding; Recorded Instrument. This Agreement shall be binding upon
StorageMart, its successors and assigns and shall run as a covenant with the land
described in Exhibit 2.
7.2 StorageMart agrees that this Agreement shall be recorded at StorageMart's
expense in the public records of Broward County, Florida, and shall be effective upon such
recordation.
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:
Page 4
City.. Jason Nunemaker, Acting 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 Helfman Pastoriza & Guedes
3107 Stirling Rd., Suite 300
Ft. Lauderdale, FL 33312
StorageMart: Warburg-StorageMart Partners, LP
Attention: Michael Burnham, Chief Executive Officer
2407 Rangeine Street
Columbia, MO 85205
With a copy to: Doumar, Allsworth, et. al., Attorneys
1177 SE 3`d Avenue
Ft. Lauderdale, FL 33316
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.
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.
11. Attorneys' Fees and Costs. If City or StorageMart 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.
12. Headings. Headings in this document are for convenience of reference only
and are not to be considered in any interpretation of this Agreement.
13. Exhibits. Each exhibit referred to in this Agreement forms an essential part of
this Agreement and each is incorporated by this reference.
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,
• Page 5
shall continue in full force and effect, and shall be enforced to the fullest extent permitted
by law.
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.
16. Independent Contractors. StorageMart, its employees, agents and any
subcontractors shall be and remain independent contractors and not employees of City
with respect to all of the acts and services performed by them under the terms of this
Agreement. 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.
17. Nondiscrimination. StorageMart shall use its best effort to comply with all
applicable federal, state and City laws applicable to StorageMart's obligations appearing in
this Agreement. StorageMart is expected to fully comply with all applicable provisions of
such laws and the City reserves the right to verify StorageMart's compliance with them.
Failure to comply with any laws may be a ground for termination of the Agreement by the
City.
18. Amendments. No modification, amendment or alteration in 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 StorageMart.
19. Waiver of Breach and Materiality. Failure by the City 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 StorageMart 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.
20. StorageMart shall perform its duties, obligations and services under this
Agreement in a skillful manner. The quality of StorageMart's performance shall be
comparable to the best local and national standards.
Page 6
21. Priority of Provisions. In the event of any conflict between any provisions of
this Agreement and any provision in Exhibit 1, the parties agree that the provisions of this
Agreement are controlling.
IN WITNESS OF THE FOREGOING, the parties have settheir hands and seals the
day and year first above written.
CITY OF DANIA BEACH, FLORIDA
ATTEST: BY:
Mayor - Co missioner
BY: �" BY:
Sheryl Ch pman, Acti City Clerk Jaso nemaker,Acting City Manager
APPROVED AS TO LEG L SUFFICIENCY:
BY:
Thomas J. /Ansbro, City Attorney
Signed, sealed and delivered WARBURG — STORAGEMART
in the presence of: PARTNERS, LP
BY: BY: ----�
Witness Michael Burn am, Chief Executive
Officer TZ u"f q M
5
P
B eVVVV
ti 1�
Print Name
Page 7
STATE OF
COUNTY OF ,J�
The foregoing instrument was acknowledged before me on 6&1. 12001,
by Michael Burnham, Chief Executive Officer of Warburg-StorageMart Partners, LP, a
Delaware limited partnership, on behalf of the limited partnership. He is personally known
to me or has produced as identification and did (did not) take an oath.
My Commission Expires:
Notary Public, State of
r,HHISfiNB Ni. HIBB9
Notary Public-Notary Seal
State of Missouri
Orvi..nt" r,!Boone
My Commis.:::.: September 23,2003
Page 8
AMENDMENT TO DISTRICT FOUR(4) MAINTENANCE MEMORANDUM OF
AGREEMENT HIGHWAY BEAUTIFICATION GRANT FOR 1999-2000
BETWEEN STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION.
AND THE CITY OF DANIA BEACH
This is an Amendment to the District Four (4) Maintenance Memorandum of
Agreement Highway Beautification Grant for 1999-2000 entered into ,on�
2001 between the Florida Department of Transportation (the "Department") and the City
of Dania Beach(the"City").
Whereas, the Department and the City entered into a Maintenance Memorandum
of Agreement Highway Beautification Grant for 1999-2000 on September 16, 1999; and
Whereas, the Department and the City wish to amend such Agreement.
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:
1. Exhibit A, attached to the Memorandum of Agreement shall be and is amended
by replacing it with the attachment to this Amendment, identified as revised Exhibit A.
2. 'All other terms and conditions of the existing District Four (4) Maintenance
® Memorandum of Agreement Highway Beautification Grant for 1999-2000, except as
expressly modified herein shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be
executed the day and year first above written.
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
By: F fi
,,District etary �. Jul
Attest:
Executive Secretary
rOF TN��.a
Legal approval as to form
CITE' OF DANIA BEACH,FLORIDA
ATTEST:
By:
Mayor- Commissioner
By: By:
Sheryl Chapman, Acting City Clerk Jason Nunemaker, Acting City Manager
APPROVED AS TO LEGAL SUFFICIENCY:
By:
Thomas J. Ansbro, City Attorney
i
,i
EXHIBIT 1
SECTION NO. 86070
FIN NO. (s): 40666117401
COUNTRY: Bro_ward
S.R. NO.: 9
REVISED EXHIBIT"A"
PROJECT LOCATION: State Road 9 (1-95) at State Road 818 (Griffin Road) and a
parcel ("Parcel") bounded as follows: on the west by the easternmost right-of-way line of
the CSX Railway corridor; on the North by the north property line of the property known
as the StorageMart site as extended easterly to the western right-of-way line of the Griffin
Road off-ramp; on the East by the westernmost right-of-way line of the I-95 Griffin Road
off-ramp right-of-way; on the South by the north right-of-way line of State Road 818
(Griffin Road).
a
LAND DESCRIPTION:
Parcel "A", La Quinta Plat 1, Plat Book 147, Page 30, of the Public Records of Broward
County, Florida, Containing 153.356 Square Feet, (3.521 Acres) More or Less.
•
EXHIBIT 2
RESOLUTION NO. 162-99
A RESOLUTION OF THE CITY OF DANIA BEACH,
FLORIDA, APPROVING THE MAINTENANCE
MEMORANDUM OF AGREEMENT BETWEEN THE CITY
OF DANIA BEACH AND STATE OF FLORIDA,
DEPARTMENT OF TRANSPORTATION, FOR THE
1999/2000 HIGHWAY BEAUTIFICATION GRANT
PROGRAM RELATING TO LANDSCAPING
IMPROVEMENTS FOR 1-95 AND GRIFFIN ROAD
MEDIANS; PROVIDING FOR CONFLICTS; FURTHER,
PROVIDING FOR AN EFFECTIVE DATE.
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH,
FLORIDA:
Section 1: That certain Maintenance (Memorandum of Agreement between the
City of Dania Beach and State of Florida, Department of Transportation, for 1999/2000
Highway Beautification Grant Program, in substantial form as Exhibit "A", attached, is
approved. and the appropriate City officials are directed to execute same; provided,
however, 'that the City Manager and City Attorney are authorized to make minor
revisions to such Agreement as are deemed necessary and proper for the best interests
of the City.
Section 2: That all resolutions or parts of resolutions in conflict with this
resolution are repealed to the extent of such conflict.
Section 3: That this resolution shall be in force and take effect immediately
upon its passage and adoption.
PASSED AND ADOPTED THIS 1 t AUGUST, 1999.
AYOR-COMMISSIONER
ATTEST: ROLL CALL:
MAYOR BERTINO-YES
VICE-MAYOR MCELYEA-YES
i SHERYL APMAN COMMISSIONER ETLING -YES
ACTING CITY CLERK COMMISSIONER CALI —OUT OF ROOM
COMMISSIONER MIKES-YES
APPROVED AS TO FOW AND CORRECTNESS:
BY:
THO AS J. ANS RO
CITY ATTORNEY
DISTRICT FOUR(4)
MAINTENANCE MEMORANDUM OF AGREEMENT
HIGHWAY BEAUTIFICATION GRANT FOR 1999-2000
THIS AGREEMENT, made and entered into this day ov 19 / ,by and between
the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, a component agency of
the State of Florida, hereinafter called the"DEPARTMENT" and theCity of Dania Beach
a political subdivision of the State of Florida,existing under the Laws of Florida,hereinafter called
the"AGENCY".
WITNESSETH
WHEREAS, as part of the continual updating of the State of Florida Highway System, the
Department, for the purpose of safety, protection of the investment and other reasons, has
constructed and does maintain a six 6 lane highway facility as described in Exhibit"A"attached
hereto and incorporated by reference herein, within the corporate limits of the AGENCY; and
WHEREAS, the AGENCY is of the opinion that said highway facility that contains
landscape medians and areas outside the travel way to the right of way line, excluding sidewalk,
shall be maintained by periodic trimming,cutting,mowing, fertilizing, litter pick-up and necessary
replanting; and
WHEREAS, the parties hereto mutually recognize the need for entering into an Agreement
designating and setting forth the responsibilities of each party; and
WHEREAS,the AGENCY by Resolution No.162-99 dated Aug 10 , 1999,
attached hereto and by this reference made a part hereof,desires to enter into this Agreement and
authorizes its officers to do so;
NOW THEREFORE, for and in consideration of the mutual benefits to flow each to the
other, the parties covenant and agree as follows:
1. The AGENCY hereby agrees to install or cause to be installed landscaping on the highway
facility as specified in plans and specifications included as Exhibit "B", with if any, the
following exceptions and conditions:
.. A. The current Florida of Department of Transportation Roadway and Traffic Design
Standard index 546 must be adhered to,
B. Clear zone/horizontal clearance as specified in the Plans Preparation Manual -Metric
Volume I,Chapter 2 must be adhered to as outlined on relevant sheets in Exhibit D,
C. Landscaping shall not obstruct roadside signs or permitted outdoor advertising signs,
D. If irrigation is to be installed, the Department shall be provided accurate as built plans
of the system so if in the future there is a need for the Department to perform work in
the area, the system can be accommodated as much as possible,
E. If it becomes necessary to provide utilities to the median or side areas ( water/electricity)
E. If it becomes necessary to provide utilities to the median or side areas (water/electricit
Y)
it shall be the AGENCY'S responsibility to obtain a permit for such work though the
local maintenance office F.During the installation of the project and future maintenance operations, maintenance of
traffic shall be in accordance with the 1988 edition of the MUTCD and the current
Department Roadway and Traffic Design Standards (series 600), _
G. The AGENCY shall provide the local maintenance office located at 5548 NW 9th
Avenue,Ft. Lauderdale, F1.33309 twenty-four(24)telephone number and the
name of a responsible person that the department may contact,
H. If there is a need to restrict the normal flow of traffic it shall be done on off peak hours
(9AM to 3PM),
I .The AGENCY shall be responsible to clear all utilities within the project limits
J.The AGENCY shall notify the local maintenance office forty-eight(48)hours prior to the
start of the project,
2. The AGENCY agrees to maintain the landscaping and irrigation(if applicable) within the
median and areas outside the travel way to the right of way line, excluding sidewalk and
crosswalks, unless constructed with other than concrete or asphalt at the AGENCY'S
request, by periodic trimming, cutting, mowing, fertilizing, litter pickup and necessary
replanting, following the Department's landscape safety and plant care guidelines. The
AGENCY's responsibility for maintenance shall include all landscape/turfed areas and
areas covered with interlocking pavers or similar type surfacing (hardscape) within the
median,crosswalks,and areas outside the travel way to the right-of-way line on Department
of Transportation right-of-way within the limits of the Project. Such maintenance to be
provided by the AGENCY is specifically set out as follows:
To maintain, which means the proper watering and proper fertilization of all plants and
keeping them as free as practicable from disease and harmful insects; to properly mulch the
plant beds; to keep the premises free of weeds; to mow and/or cut the grass to a proper
length; to properly prune all plants which includes (1) removing dead or diseased parts of
plants, or (2) pruning such parts thereof which present a visual hazard for those using the
roadway. To maintain also means removing or replacing dead or diseased plants in their
entirety,or removing or replacing those that fall below original project standards. All plants
removed for whatever reason shall be replaced by plants of the same size and grade as
specified in the original plans and specifications. To maintain also means to keep the
hardscape areas free from weeds and replacement of any areas becoming in disrepair so as
to cause a safety hazard. To maintain also means to keep the header curbs that contain the
hardscape in optimum condition. To maintain also means to keep litter removed from the
median and areas outside the travel way of the right of way line. Plants shall be those items
which would be scientifically classified as plants and include but are not limited to trees,
grass,or shrubs.
2
The above named functions to be performed by the AGENCY, shall be
subject to periodic
J
inspections by the Department. Such inspection findings will be shared with the AGENCY and
.shall be the basis of all decisions regarding payment reduction,reworking or agreement termination.
The AGENCY shall not change or deviate from said plans without written approval of the
Department.
3. If at any time after the AGENCY has assumed the landscaping installation and/or
maintenance responsibility above-mentioned, it shall come to the attention of the
Department's District Secretary that the limits or a part thereof is not properly maintained
pursuant to the terms of this Agreement, said District Secretary may at his option issue a
written notice that a deficiency or deficiencies exist(s), by sending a certified letter to the
AGENCY to place said AGENCY on notice thereof. Thereafter the AGENCY shall have
a period of thirty (30) calendar days within which to correct the cited deficiencies. If said
deficiencies are not corrected within this time period, the Department may at its option,
proceed as follows:
(a) Complete the installation or part thereof,with Department or Contractor's personnel
and deduct the cost of such work from the final payment for said work or part
thereof, or
(b) Maintain the landscaping or a part thereof, with Department or Contractor's
personnel and invoice the AGENCY for expenses incurred, or
(c) Terminate the Agreement in accordance with Paragraph 6 of this Agreement and
remove, by Department or private contractor's personnel, all of the landscaping
installed under this Agreement or any preceding agreements except as to trees and
palms and charge the AGENCY the reasonable cost of such removal.
4. It is understood between the parties hereto that the landscaping covered by this Agreement
may be removed, relocated or adjusted at any time in the future as determined to be
necessary by the Department in order that the state road be widened, altered or otherwise
changed to meet with future criteria or planning of the Department. The AGENCY shall be
given sixty(60)calendar days notice to remove said landscaping/hardscapeafter which time
the Department may remove the same and any mitigation required for remaining
landscape/hardscape shall be the responsibility of the AGENCY.
5. The Department agrees to reimburse the AGENCY an amount not to exceed$90,588 ,
as defined in Attachment"C". Subject to this limit, the Department will pay only for the
following costs:
(a) Sprinkler/irrigation system
(b) Plant materials and fertilizers/soil amendments.
3
(c) Paver bricks, header curbs & other hardscape items.
The Department's participation in the project cost,as described in Attachment"C"is limited to only
those items which are directly related to this project. Payment shall not be made until (1)
certification of acceptance is received from the AGENCY's Landscape Architect/or designee and
(2) a Department Landscape Architect and/or his designee has approved_ the project for final
payment.
(a) Payment shall be made only after receipt and approval of goods and services as
provided in Section 215.42,Florida Statutes.
(b) Any penalty for delay in payment shall be in accordance with Section 215.422(3)(b),
Florida Statutes.
(c) Bills for fees or other compensation for services or expenses shall be submitted in
detail sufficient for a proper preaudit and postaudit thereof, and bills for travel
expenses specifically authorized by this Agreement, if any, shall be submitted and
paid in accordance with the rates specified in Section 112.061, Florida Statutes.
(d) Records of costs incurred under terms of this Agreement shall be maintained and
made available upon request to the Department at all times during the period of this
Agreement and for three years after final payment is made. Copies of these
documents and records shall be furnished to the Department upon request. Records
of costs incurred includes the AGENCY's general accounting records,together with
supporting documents and records, of the contractor and all subcontractors
performing work, and all other records of the contractor and subcontractors
considered necessary by the Department for a proper audit of costs.
(e) The AGENCY agrees to return all monies received under the terms of this
Agreement,to the Department, should the landscaped area fail to be maintained in
accordance with the terms and conditions of this Agreement.
6. This Agreement may be terminated under any one of the following conditions:
(a) By the Department, if the AGENCY fails to perform its duties under Paragraph 3,
following ten(10) days written notice.
(b) By the Department, for refusal by the AGENCY to allow public access to all
documents,papers,letters,or other material subject to the provisions of Chapter 119,
Florida Statutes and made or received by the AGENCY in conjunction with this
Agreement.
7. The term of this Agreement commences upon execution.
a
4
8. To the extent permitted by law, the AGENCY shall indemnify and hold harmless the
Department,its officers and employees from all suits,actions,claims and liability arising out
of the AGENCY's negligent performance of the work under this Agreement, or due to the
failure of the AGENCY to construct or maintain the project in conformance with the
standards described in Section 2 of this agreement.
9. The AGENCY may construct additional landscaping within the limits of the right-of-ways
identified as a result of this document, subject to the following conditions:
(a) Plans for any new landscaping shall be subject to approval by the Department. The
AGENCY shall not change or deviate from said plans without written approval by
the Department.
(b) All landscaping shall be developed and implemented in accordance with appropriate
state safety and road design standards;
(c) The AGENCY agrees to comply with the requirements of this Agreement with
regard to any additional landscaping installed;
(d) No change will be made in the payment terms established under item number five(5)
of this Agreement due to any increase in cost to the AGENCY resulting from the
installation of landscaping added under this item.
10. This writing embodies the entire Agreement and understanding between the parties hereto
and there are no other Agreements and understanding, oral or written,with reference to the
subject matter hereof that are not merged herein and superseded hereby.
11. The Department,during any fiscal year,shall not 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. Any contract,verbal
or written,made in violation of this subsection is null and void, and no money may be paid
on such contract. The Department shall require a statement from the Comptroller of the
Department that funds are available prior to entering into any such contract or other binding
commitment of funds. Nothing herein contained shall prevent the making of contracts for
periods exceeding 1 year,but any contract so made shall be executory only for the value of
the services to be rendered or agreed to be paid for in succeeding fiscal years; and this
paragraph shall be incorporated verbatim in all contracts of the Department which are for an
amount in excess of$25,000.00 and which have a term for a period of more than 1 year.
12. The Department's District Secretary shall decide all questions, difficulties and disputes of
any nature whatsoever that may arise under or by reason of this Agreement, the prosecution
or fulfillmentof the service hereunder and the character,quality, amount and value thereof;
and his decision upon all claims,questions and disputes shall be final and conclusive upon
5
the parties hereto.
13. This Agreement may not be assigned or transferred by the AGENCY in whole or part
without the consent of the Department.
14. This Agreement shall be governed by and construed in accordance with the laws of the State
of Florida. In the event of a conflict between any portion of the Agreement and Florida law,
the laws of Florida shall prevail.
IN WITNESS WHEREOF,the parties hereto have caused these presents to be executed the
day and year first above written.
AGENCY STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
B By: C/��
ayor or Chairman District Secretary
• Co F(p�Q
Attest: � -SEAL) Attest: )1Ma
ACTING _ twCler Executive Secret-Iry M o
ti
Approved as to form and correctness : yea r Q
AM A
OF TRPN�
Legal Appr' Va omas Ansbro roval AttorneyBy:
Niichaeth
City M
6
SECTION NO. 86070
FIN NO.(s): 40666117401
COUNTY: Broward
S.R. NO.: 9
EXHIBIT "A"
PROJECT LOCATION
State Road 9 ( 1-95) at State Road 818 (Griffin Road )
7
SECTION NO.: 86070
FIN NO.W: 40666117401
COUNTY: Broward
S.R. NO.: 9
EXHIBIT `<B"
The Department agrees to reimburse the AGENCY for the installation of the project as
reflected in the plans attached hereto and incorporated herein.
i
8
i
i
SECTION NO:86070
FIN NO.W: 40666117401
COUNTY: Broward
S.R. NO.: 9
ATTACHMENT "C"
(GENERAL)
PROJECT COST
This Exhibit forms an integral part of the Highway Beautification Grant
Agreement between the State of Florida, Department of Transportation and
the AGENCY.
Dated 9/15/99
I. PROJECT COST: $230,458
City of Dania Beach $139,900
Department of Transportation 90,558
i
Total $230,458
i
1
C:\WPOOC\ADMIN\OSF.REI(revision 0 7/1 019 51
9
Florida Department of Transportation
DISTRICT MAINTENANCE -DISTRICT 4
JEB BUSH 3400 West Commercial Boulevard,Fort La.J-dale,Florida 33309-3421 THOMAS F.BARRY,JR.
GOVERNOR Telephone:(954)777.4200 Fax: (954)777-4223 SECRETARY
July 30, 1999
Mr. Robert Palm
Public Works Director
City of Dania Beach
100 West Dania Beach Boulevard
Dania Beach,FL 33004
Dear Mr.Palm:
RE: Maintenance Memorandum of Agreement for 1-95 and Griffin Road
HBC Grant for 1999/2000
Enclosed are the Maintenance Memorandum of Agreements that need to be executed by the City and
returned to me for execution by the Department. Upon execution by the Department one copy will
be returned to you for the City's files.
Should you have any questions, please call me at(954) 777-4219. Thank you.
Sincerely,
4arl B. Higgins, SLA
Landscape Architect
CBH/c
Enclosure
,I
www.dot.state.fl.us ®RECYCIEO PAPER
Florida Department of Transportation
JEB BUSH DISTRICT MAINTENANCE -DISTRICT 4 THOMAS F.BARRY,JR.
GOVERNOR SECRETARY
3400 Weet Commercial Boulevard,Fort UuderJale,Florida 33309-3421
Telephone:(954)777-4200 Fax: (954)777-4223
September 16, 1999
Ms. Charlene Johnson
Deputy City Clerk
City of Dania Beach
100 West Dania Beach Boulevard
Dania Beach,FL 33004
Dear Ms.Johnson:
RE: Maintenance Memorandum of Agreement for State Road 9 (1-95) at State Road
818 (Griffin Road)
Enclosed is an execute Maintenance Memorandum of Agreement for subject area for the City's files.
Please use this letter as your Notice to Proceed. Upon completion of the project it will be necessary
f for the City to submit a single invoice, along with the paid bills that support the invoice, to the
Department for reimbursement. In the letter please state that the project was constructed in
i
accordance with the plans and that this is the final invoice.
i
Should you have any questions, please call me at(954)777-4219. Thank you.
Sincerely,
Carl B. Higgins,4A
Landscape Architect
i
CBWc
{ Enclosure
I
I
i
i
1
i
i
www.d ot.state.fl m s RECYCLEO PAPI
CITY OF DANIA BEACH
MEMORANDUM -
TO: Mayor and Commissioners
cc: Mike Smith, City Manager
Laurence Leeds, Growth Management Director
FROM: Thomas J. Ansbro, City Attorney
DATE: March 22, 2001
RE: StorageMart Landscape Maintenance; Resolution Authorizing Execution of an
Amendment to the F.D.O.T. District Four (4) Maintenance Memorandum of
Agreement Highway Beautification Grant for 1999-2000 with the Florida
Department of Transportation and Execution of Agreement with Walburg-
StorageMart Partners, LP for Installation and Maintenance of Landscaping
In conjunction with the approval of the request of Walburg-StorageMart Partners, LP
("StorageMart") to reduce its parking requirements, the City Commission granted StorageMart
a substantial parking variance. A request was made by the City at that time as to StorageMart's
willingness to maintain the parcel of land which lies immediately east of StorageMart. The
commitment was made voluntarily by StorageMart. Attached is a proposed Resolution which
authorizes the execution of an amendment to an F.D.O.T. District Four (4) Maintenance
' Memorandum of Agreement Highway Beautification Grant for 1999-2000 existing between the
City and the Florida Department of Transportation ("Department") pertaining to landscaping
improvements of medians at the intersection of State Road 9 (1-95) and State Road 818 (Griffin
Road). Such amendment revises Exhibit A to include the "Parcel" to be maintained by
StorageMart. The Resolution also authorizes the execution of an Agreement with StorageMart
for the installation and maintenance of landscaping, on the parcel described in the Revised
Exhibit A, attached to such City-Department Agreement.
Commission review and adoption of the Resolution are requested.
TJA:slw
Attachment
I
I
i
- FLORIDA
August 16, 1999
Carl B. Higgins, ASIA
Landscape Architect
Florida Department of Transportation
3400 West Commercial Boulevard
Fort Lauderdale, Florida 33309-3421
RE: Maintenance Memorandum of Agreement for 1-95 and Griffin Road
HBO Grant 1999/2000
Dear Mr. Higgins:
On'August 10, 1999,the Dania City Commission adopted Resolution No. 162-99
approving the Maintenance Memorandum of Agreement between the City of Dania Beach and
State of Florida, Department of Transportation for 1999/2000 Highway Beautification Grant
Program for 1-95 and Griffin Road improvements.
1
We have enclosed four(4) original agreements executed by the City. Upon execution by
FOOT, please complete the date on the first page of all agreements and return one (1) fully
executed agreement to me.
If you have any questions regarding this matter, please contact Bud Palm, Utilities
Director, at (954) 921-8700 Ext. 321.
Sincerely,
Charlene Jo#Cerk
n
Deputy City
- /cj
Enclosures (4)
`i
"Broward's First city,
_; 100 Wesr Dania Beach Boulevard Dania Bcach. Florida 33004 Phone_ (954) 921-8700 www.ci.dania-beach.(