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1990-33 Agreement between Parkland & Broward Cty Expressway Authority RESOLUTION NO. 90 - 33 ~ A RESOLUTION OF THE CITY COIIII88ION OF TIll CITY OF PARJCLAND, FLORIDA, AU'IHORIZING THE CITY OFFICIALS TO EXECUTE AN AGREEMBMT BE'nIEEN THE CITY OF PARKLAND AND THE BROWARD COUNTY EXPRESSWAY AUTHORITY TO ACQUIRE CERTAIN PROPERTY NECESSARY FOR THE REALIGNMENT OF RIVERSIDE DRIVE NORTH OF HOI..MBERG ROAD WHEREAS. the City Commission of the City of Parkland finds and determines that it is in the best interest of the citizens of the City to exebute an Agreement between the City of Parkland and the Broward County Expressway Authority to acquire certain property necessary for the realignment of Riverside Drive north of Holmberg Road: NOW. THEREFORE. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF PARKLAND. FLORIDA. that: Section 1: That the appropriate City officials are hereby authorized to execute the attached Agreement between the City of Parkland. Florida and the Broward County Expressway Authority. Section 2: That this Resolution shall be in full force and effect immediately upon its passage and adoption. PASSED AND ADOPTED nlls . 1990. DAY OF SAL PAGLIARA. Mayor SUSAN ARMSTRONG, City Cl erk LAW OFFICE MAJUNG ADDRESS: POST OFFICE BOX 2~7 FORT LAUOERO...LE, FLORID'" 33303 AND R E W S, M A U ROD I S 321 SOUTHE"'ST 15TH AVENUE FORT LAUDERDALE, FLORIDA 33301 TELEPHONE (305) 47.2000 TELECOPlER (305) 47-23011 November 2, 1990 Mr. Harry Mertz city Manager city of Parkland 6500 Parks ide Drive Parkland, Florida 33067 RE: AGREEMENT BETWEEN CITY OF PARltLAND AND BROWARD COUN'1'Y EXPRESSWAY AUTHORITY Dear Harry: Enclosed you will find a copy of a proposed Agreement between the City of Parkland and the Broward County Expressway Authority. The Agreement was approved by the Broward County Expressway Authority at its meeting on October 30, 1990. If you deem it appropriate, you might wish to place it on 0 future Agenda. Please contact me if you have any questions. Sincerely, /,,/ - 7-kJ t' " ,/,- V'-' - AND;EW-:~OD;;------ ASMjjms Enclosure AGREEMENT BETWEEN C:ITY 01' PARltLlUm AND BROWARD COUNTY EXPRESSWAY AUTHOR:ITY This Agreement between the CITY OF PARKLAND, FLORIDA, a Florida municipality (PARKLAND) and the BROWARD COUNTY EXPRESSWAY AUTHORITY (BCEA) is hereby entered into as follows: WHEREAS, pursuant to section 139(f} of that Agreement (THE AGREEMENT) dated February 15, 1985, between the BCEA and Florida National properties, Inc., the BCEA accepted responsibility for the necessary realignment of Riverside Drive, north of Holmberg Road, causing the westerly relocation of the Riverside Drive extension (THE REALIGNMENT); and WHEREAS, this obligation requires the acquisition of certain property necessary for THE REALIGNMENT; and WHEREAS, the parties wish to resolve any obligations that BCEA may have to PARKlAND with respect to said provision of THE AGREEMENT; and WHEREAS, BCEA is prepared to deposit the sum of Thirty Nine Thousand Four Hundred Dollars ($39, 400) in an interest bearing escrow account held by the City of Parkland solely for the purposes provided in this Agreement in order to satisfy the commitments of the BCEA concerning THE REALIGNMENT as provided for in THE AGREEMENT; and WHEREAS, this Agreement is meant to be a full and complete satisfaction of all obligations to PARKlAND with respect to section 13(f} of THE AGREEMENT and THE REALIGNMENT; NOW THEREFORE, BE IT AGREED BY AND BETWEEN THE PARTIES AS FOLLOWS: section 1. The above recitations are true and correct and made a part hereof. section 2. wi thin ten (10) days of the effective date of this Agreement, the BCEA shall deposit in an interest bearing escrow account held by the city of Parkland, the sum of Thirty Nine Thousand Four Hundred Dollars ($39,400). Said sum shall be held for the purposes of obtaining right-of-way necessary for the realignment of Riverside Drive in the CITY OF PARKLAND. Said funds shall be released from escrow only after written notice by the CITY OF PARKLAND to BCEA or its assigns, specifically stating that the funds are needed to purchase property necessary for right-Of-way for the realignment of Riverside Drive or needed as part of a condemnation action aimed at acquiring said property. Said written request shall contain the name of the person or persons to whom the funds are to be paid or the intended disposition of the funds if they are part of a condemnation action, and the manner. in which payment is to be made. Section 3. Upon placement of the funds in an interest bearing escrow account as provided for herein, PARKLAND does hereby release BCEA from any and all obligations or liability, or causes of actions related to paragraph 13(f) of THE AGREEMENT. Section 4. The drafting of this Agreement has been a joint undertaking of the parties and no provision hereof shall be construed, solely as a matter of judicial interpretation, more strictly against one party than against the other. Section 5. All notices provided for herein shall be mailed, certified, return receipt to the following parties: CITY OF PARKLAND, FLORIDA: City of Parkland 6500 Parks ide Drive Parkland, Florida 33067 BROWARD COUNTY EXPRESSWAY AUTHORITY: Section 6. No amendment, modification, or alteration of this Agreement shall be valid unless contained in a written agreement executed by all parties and recorded with the Clerk of the Circuit Court of Broward County. Section 7. The effective date of this Agreement shall be the last day upon which it becomes fully executed by all parties hereto IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the respective dates under each signature. WITNESSES: CITY OF PARKLAND By: Mayor _ day of , 19_ 2 ATTEST: City Clerk City Manager (CORPORATE SEAL) _ day of , 19_ APPROVED AS TO FORM: By: City Attorney STATE OF FLORIDA ss. COUNTY OF BROWARD I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgements, personally appeared Sal Pagliara and Susan Armstrong, well known to me to be the Mayor and City Clerk of the City of Parkland, and that they severally acknowledged executing the foregoing Agreement in the presence of two subscribing witnesses freely and voluntarily under authority duly vested in them that the seal affixed hereto is the true seal of the City of Parkland. WITNESS my hand and official seal, this , 19_ day of Notary Public My Commission Expires: 3 WITNESSES BROWARD COUNTY EXPRESSWAY AUTHORITY By: _ day of ,19_ STATE OF FLORIDA SSe COUNTY OF BROWARD I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgements, personally appeared , well known to me to be the of the Broward County Expressway Authority, and that _ severally acknowledged executing the foregoing Agreement in the presence of two subscribing witnesses freely and voluntarily under authority duly vested in that the seal affixed hereto is the true seal of the Broward County Expressway Authority. WITNESS my hand and official seal, this , 19_ day of Notary Public My Commission Expires: PK.1 11/02/90 4