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R20-005 1 RESOLUTION NO.R20-046 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, APPROVING AND AUTHORIZING THE CITY 5 MANAGER TO SIGN THE REVISED DOG PARK MAINTENANCE 6 AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND 7 BOYNTON TOWN CENTER MASTER ASSOCIATION, INC., FOR 8 THE PERPETUAL MAINTENANCE OF THE JOSEPH CROWDER 9 DOG PARK WHICH REPLACES THE AGREEMENT APPROVED 0 IN RESOLUTION R20-005; AND PROVIDING AN EFFECTIVE 1 DATE. 2 3 WHEREAS, on January 21, 2020, the City Commission approved, via Resolution 4 R20-005, a Dog Park Maintenance Agreement for the perpetual maintenance of the Joseph 5 Crowder Dog Park; and 6 WHEREAS, the City and the Master Association have had additional negotiations 7 regarding the terms of the Agreement in an effort to assure that the dog park is maintained in 8 a proper manner with the shared responsibilities outlined in the Agreement; and 9 WHEREAS,this revised Agreement replaces the Dog Park Agreement approved via '0 Resolution R20-005; and '1 WHEREAS, staff is recommending approval of the revised Agreement subject to .2 final approval of the City Attorney; and '3 WHEREAS,the City Commission has determined that it is in the best interests of the '4 residents of the City to approve and authorize the City Manager to sign the revised Dog Park '5 Maintenance Agreement between the City of Boynton Beach and Boynton Town Center '6 Master Association, Inc., for the perpetual maintenance of the Joseph Crowder Dog Park. '7 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF '8 THE CITY OF BOYNTON BEACH,FLORIDA,THAT: S\CA\RESO\Agreements\Dog Park Maintenance Agreement(Crowder Dog Park)(revised)-Reso.docx 1 9 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 0 being true and correct and are hereby made a specific part of this Resolution upon adoption 1 hereof. 2 Section 2. The City Commission does hereby approve and authorize the City 3 Manager to sign the revised Dog Park Maintenance Agreement between the City of Boynton 4 Beach and Boynton Town Center Master Association, Inc., for the perpetual maintenance of 5 the Joseph Crowder Dog Park which replaces the Dog Park Agreement approved in 6 Resolution R20-005. A copy of the revised Dog Park Agreement is attached hereto as Exhibit 7 «A„ 8 Section 3. This Resolution shall become effective immediately upon passage. 9 PASSED AND ADOPTED this day of June, 2020. 0 1 CITY OF BOYNTON BEACH, FLORIDA •2 YES NO 3 4 Mayor—Steven B. Grant 5 6 Vice Mayor—Ty Penserga i/ 8 Commissioner—Justin Katz 9 0 Commissioner—Woodrow L. Hay 1 2 Commissioner—Christina L. Romelus 3 .4 VOTE S`4 5 ATTEST: .6 8A/1) -z. ` , rn .9 C tal Gibson, MMC © .� (.0 City Clerk , *6 1 r. 03 (Corporate Seal) S:\CA\RESO\Agreements\Dog Park Maintenance Agreement(Crowder Dog Park)(revisec1).—Reso.docx DOG PARK MAINTENANCE AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND BOYNTON TOWN CENTER MASTER ASSOCIATION, INC. THIS DOG PARK MAINTENANCE AGREEMENT("Agreement")is entered into this 27 day of May 2020, and is by and between the City of Boynton Beach ("City" and Boynton Town Center Master Association, Inc., a Florida not-for-profit corporation, organized and existing under the laws of the State of Florida ("ASSOCIATION"). WHEREAS, the ASSOCIATION, as provided in Cortina PUD Replat Two, is responsible for the perpetual maintenance of a public dog park within Tract C of the Cortina P.U.D; and; WHEREAS, the City has enforcement powers to assure that the conditions of the dog park are such that the park is operated and maintained in a manner which does not adversely affect the health, safety and welfare of the public; and WHEREAS,the City has agreed to defer code compliance action and the City and ASSOCIATION have reached the terms of this Agreement in an effort to assure that the dog park is maintained in a proper manner with the shared responsibilities hereinafter set forth. NOW,THEREFORE, in consideration of the mutual covenants contained herein, the parties hereby agree as follows: 1. TERM. The "Term" of this Agreement will be effective as of the Effective Date and will remain in effect for a period of twenty (20)years from June 1, 2020. On June 1, 2040, all obligations of the City as set forth in section 3 below will cease and the maintenance of the dog park shall be the sole responsibility of the ASSOCIATION. 2. THE ASSOCIATION RESPONSIBILITIES: Perpetual Maintenance obligations of the ASSOCIATION shall include but not be limited to: Weekly 1. Remove any debris and trash found on property during visit. 2. In-depth visual inspections shall be conducted once per week in order to monitor turf conditions and identify turf disease, damaged irrigation heads and inadequate irrigation coverage. 3. All grass areas shall be serviced a minimum of 36 times per year and maintained at a height of 3 to 4 inches. Not to exceed 6 inches. 4. Edging shall be performed with each mowing along walkways, mulched areas and parking lot. 5. Weed control in all beds and along mulched fence lines is to be done with each mowing. 6. Check irrigation equipment for leaks, breaks, and malfunction and repair as needed. 7. Inspect all irrigation valves and emission devices to be sure they are functioning properly. 8. Check and maintain irrigation systems for efficient water application reducing overspray and eliminating all runoff from leaving the planted areas. 9. Chain link fences, walk-in gates and service gates shall be thoroughly inspected one time per week Monthly 1. Trees Limbs and foliage shall be maintained at a minimum height of 10 feet from ground level on mature trees, or within the limits of the canopy for smaller trees over pedestrian walkways and 14 feet over the parking lot and roadways 2. Tree roots shall be pruned (clean cuts only) prior to walkways being damaged. 3. Pressure Clean—Concrete entry to Dog park,water fountain and pad, and gazebo floors shall be pressure cleaned once every month to remove dirt, grime and mud 4. Gate latches & hinges shall be lubricated monthly. Bi-Monthly 1. The Dog Park area is to be treated for ants, fleas, ticks and (spiders if present) bi-monthly or more frequently if needed for control. A threshold treatment for spiders, fleas, ticks to suppress the population on an as needed basis may be requested. 2. The application will be sprayed on grass, mulch, shrubs and low hanging branches and foliage of trees and palms, when these pests are at high levels and/or in susceptible stages. 3. Chemicals for the treatment of spider, fleas and tick treatments must contain the active ingredient Adulticide Bifenthrin at the minimum percentage level of 7.9% and IGR Pyriproxfen at the minimum percentage level of 1.3% and must be used at the label ratio. 4. This may require the use of an adulticide plus an insect growth regulator. 5. A current copy of the certified pest control applicator is to be on file at all times with the City of Boynton Beach Recreation & Parks Department. 6. All Fertilizer and pesticide applications require a notification as to when these will be applied and a report to be turned in afterwards to the appointed designee. Quarterly 1. Grass shall be fertilized four times per year using a slow release fertilizer, following all fertilizer label instructions, by a certified fertilizer applicator. 2. All fertilizer used must be labeled safe for use for sites such as the Dog Park. 3. Mulched areas around gazebos, benches and trees shall be replenished when mulch levels fall below 2 inches. Mulch is to be natural color. Cypress Mulch is not allowed. 4. No mulch within 6 inches of all tree trunks or 3 inches of the base of all plants. As needed 1. Turf shall be replaced as needed to prevent bare areas. When turf is replaced the area needs to be kept off limits for use until the turf is well rooted in. 2. Benches shall be kept clean and in good condition and have no splinter, severe cracks or warps. 3. Unapproved advertisements/flyers posted soliciting business from park patrons shall be removed 4. Garbage cans shall be cleaned and sanitized as needed to kill germs and odors. 3. THE CITY OF BOYNTON BEACH RESPONSIBILITIES: Maintenance obligations of the CITY shall include, but not be limited to: 7 days each week 1. Remove any debris and trash found on property during visit. 2. Holes, ruts and uneven surfaces shall be corrected on a daily basis. Material used to fill holes shall be free of rocks and debris. Use suitable top soil for growing sod in areas that require sod replacement. 3. Litter, trash and dog waste bags shall be removed on a daily basis to prevent the spread of infectious pathogens. 4. Dog waste bag dispensers shall be refilled as needed. 5. The entire dog park shall be checked for insects daily (ants, wasps, bees, etc.) 6. Debris shall be blown off the concrete/asphalt pathways and slabs on a daily basis. 7. Watering areas shall be cleaned and checked daily for proper function (any chemicals used must be completely rinsed off afterwards) 8. Dog wash area drains shall be cleaned daily to remove hair and other objects 9. Signage shall be kept clean and legible and checked for proper placement As determined by the City to be needed: 1. Repair or replacement of asphalt, concrete wheel stops, and concrete curbs in parking lot above and beyond routine maintenance. 2. Repair or replacement of parking lot or walkway lighting above and beyond routine maintenance. 3. Repair or replacement of fencing and/gates above and beyond routine maintenance. 4. Repair or replacement of irrigation lines and/or irrigation pump above and beyond routine maintenance. 5. Repair or replacement of gazebos above and beyond routine maintenance. 6. Repair or replacement of dock above and beyond routine maintenance. 7. Repair or replacement of drainage, water, and sewer infrastructure. 8. Closure of dog park areas (rotation) to perform maintenance must be approved and authorized prior to implementation by Association or its vendors. 9. If approved by the city, the purchase and installation of fencing and access gates to be erected atop the central lawn area for use as a 4th dog park section. Doing so allows for a total of four separate dog park areas which will benefit from the periodic closure and rotation of use to allow the turf in each area a time to rebound. 10. Purchase and installation of an ADA accessible walkway to the gazebo structure located just north of the southern parking lot. This is the same area as mentioned in item 9, above. 4. DISPUTE RESOLUTION. A. Either party shall provide written notice to the other party within ten (10) business days of the occurrence of any claim, dispute or other controversy arising out of or relating to, or in connection with this Agreement (collectively referred to as a "Dispute"). Such notice shall provide a detailed description of the facts surrounding the Dispute in sufficient detail to identify the Dispute, its character and scope, any impact on the party initiating the Dispute, and any attempts by the initiating party to mitigate such impact. The initiating party shall provide to the other party documentation supporting its written notice within twenty (20) days of the initial written notice. Any Dispute not presented to the other party within the time specified herein and not documented within the time specified herein shall be deemed to have been waived. B. Within ten (10) business days of receipt of written notice of the issue(s) in dispute accompanied, of dispute, the receiving party shall provide to the disputing party a written response. The parties should meet in an attempt to resolve the dispute prior to proceeding to the next step. If, after meeting, the parties are still unable to resolve the dispute, the parties shall submit themselves to the jurisdiction of the City's Code Compliance Special Magistrate who shall treat the maintenance obligations set forth herein in the same manner as a City Code obligation.The hearing procedure, authority of the Special Magistrate, and enforcement of the Magistrate's Order shall be the same as provided in Chapter 2, Article V of the City's Code of Ordinances and Chapter 162 Florida Statues. 5. NOTICES. All notices provided for in this Agreement (other than notices designated for delivery to operating personnel, which shall be made in any manner reasonable under the circumstances), shall be made in writing and delivered in person or by registered or certified mail, return receipt requested, postage prepaid, addressed as follows: To the City: City of Boynton Beach, P.O. Box 310, Boynton Beach, Florida, 33425 To ASSOCIATION: c/o First Service Residential, 6300 Park of Commerce Blvd., Boca Raton, Florida 33487 Notices shall be effective when received at the address specified above. Changes in the respective addresses to which such notice is directed may be made from time to time by written notice. 6. OTHER PROVISIONS. A. Governing Law and Venue. This Agreement will be governed by and interpreted in accordance with the laws of the State of Florida. The venue of any legal action brought or filed relating to any matter arising under this Agreement will be exclusively in the federal and state courts sitting in Palm Beach County, Florida, having jurisdiction over such legal action. B. Severability. The invalidity, illegality, or unenforceability of any provision of this Agreement, or the occurrence of any event rendering any portion or provision of this Agreement void, will not affect the validity or enforceability of any other portion or provision of the Agreement. Any void provision will be deemed severed from the Agreement, and the balance of the Agreement will be construed and enforced as if the Agreement did not contain the particular portion or provision held to be void. The parties further agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. The provisions of this section will not prevent the entire Agreement from being void should a provision which is of the essence of the Agreement be determined to be void. C. Entire Agreement and Amendments. This Agreement, with all attachments and documents referenced hereto, constitutes the entire Agreement between the parties with respect to the scope of services and terms and conditions described herein and extinguishes and supersedes any and all prior agreements and any and all amendments and prior understandings between the parties with respect to same. Furthermore, there shall be no changes, modifications, or amendments to this Agreement except by written agreement signed by both parties and executed with the same formalities. D. Non-waiver and Remedies. Failure by either party at any time to require strict performance by the other party of any provisions hereof does not release that party from its obligations under the Agreement and does not affect the right of the party, thereafter, to enforce the same. Each remedy under this Agreement shall be cumulative and in addition to any other remedy provided by law. E. Deferral of Code Compliance Action. So long as the ASSOCIATION complies with its obligations as set forth in Section 2 above, the City will not initiate Code Compliance actions but shall proceed with dispute resolution remedies set forth in Section 4 above. The City's right to proceed with code compliance action for conditions within the ASSOCIATION not otherwise addressed in this Agreement is not limited or waived. F. City's Right to Remedy Unsafe Conditions: The City shall have the right to take corrective action to remedy and unsafe or unsanitary conditions provided the City shall provide the ASSOCIATION with 72 hours' notice that the ASSOCIATION shall remedy the condition. If the ASSOCIATION fails to remedy the unsafe or unsanitary condition within the 72 hours, City may take corrective action to remedy the problem and the City's cost of such remedial action shall be billed to and paid by the ASSOCIATION within 45 days. "Unsafe or unsanitary conditions,"for purposes of this Paragraph, shall be defined to mean any condition the City determines is poses an danger to the health, safety and/or welfare of the users of the public dog park and/or their dogs. G. Section Headings. Section and subsection headings appearing in the Agreement are inserted for convenience of reference only and will not be construed as interpretation of text. H. Incorporation of Recitals and Appendices. The recitals, any appendices to the Agreement, and applicable federal, state and local laws, rules and regulations at the time of the Agreement's adoption, are incorporated into and constitute part of this Agreement. I. Preparation of Agreement. Both parties acknowledge that they have had meaningful input into the terms and conditions contained in this Agreement; therefore, any doubtful or ambiguous provisions contained herein shall not be construed against the party who physically prepared this Agreement. J. Execution in Counterparts. This instrument may be executed in any number of counterparts, each of which, when executed and delivered, constitutes an original, and such counterparts together constitute one and the same instrument. Signature and acknowledgment pages, if any, may be detached from the counterparts and attached to a single copy of this document to physically form one document. K. Warranties. Each party represents and warrants that it is authorized to enter into this Agreement for the Service and to permit the System to be installed at the Facility, and that it has secured all necessary approvals for such action. L. Public Records and Sunshine Law. This Agreement and any related documents are considered public records under the "Public Records Law," Chapter 119, Florida Statutes, unless specifically exempted by law. ASSOCIATION agrees to cooperate and comply with any request made for production of Public Records. Any meetings involving two or more members of the City at which official acts are to be taken are considered public meetings under the Florida "Government in the Sunshine Law," as contained in Chapter 286, Florida Statutes. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized representatives on the day and year first written above. BOYNTON TOWN CENTER MASTER ASSOCIATION, INC. //irgBy: Approved by the Board of Directors on the 27 day of May , 2020. CITY OF BOYNTON BEACH, FLORIDA By Lori LaVerriere City Manager Approved by Resolution f 1114of the City Commission of the City of Boynton Beach. Form Approved: City Attorney By it Ado. 'J. 6 c vo2� James A. Che :f, City Attorney Attest: C stal Gibson, MMC City Clerk 4414T Oy r> }+okA r4:40%,,.-yam`. 1920 PL�J �' �