HomeMy WebLinkAbout1990-33 Agreement between Parkland & Broward Cty Expressway Authority
RESOLUTION NO. 90 - 33
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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
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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