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1998-35 Agreement with NSID to Transfer Property for P&R Purposes (Ext of Equestrian Ctr) RESOLUTION NO. 98-35 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF PARKLAND, FLORIDA, AUTHORIZING THE CITY OFFICIALS TO EXECUTE AN AGREEMENT BETWEEN THE CITY AND NORTH SPRINGS IMPROVEMENT DISTRICT TO EFFECT A TRANSFER OF CERTAIN PROPERTY FOR PARKS AND RECREATION PURPOSES (AN EXTENSION OF THE PRESENT EQUESTRIAN CENTER). WHEREAS, the City Commission of the City of Parkland, Florida approves entering into the attached agreement between the City and North Springs Improvement District to effect a transfer of certain property for parks and recreation purposes (an extension of the present Equestrian Center). NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF PARKLAND, FLORIDA: Section 1. That the appropriate City officials are hereby authorized to execute the attached Agreement between the City of Parkland and North Springs Improvement District. Section 2. That this Resolution shall become In full force and effect immediately upon its passage and adoption. PASSED AND ADOPTED TIDS..2nd..DA Y OF Seotember , 1998. CITY OF PARKLAND, FLORIDA ~/~~ SAL P AGLIARA, OR ATTEST: ~ ):~~ C2..-~~ SUSAN ARMSTRONG, C~' . CITY CLERK .. " AGREEMENT THIS AGREEMENT is entered into by and between the CITY OF PARKLAND, a Florida municipality, its successors and assigns (" CITY") and the NORTH SPRINGS IMPROVEMENT DISTRICT, an independent Special District of the State of Florida, its successors and assigns ("NSID") as follows: WHEREAS, the CITY and NSID wish to effect a transfer of certain property, more particularly described on Exhibit A (liThe Property") to the CITY to permit the CITY to use The Property for parks and recreation purposes to wit: an extension of the present equestrian center; and WHEREAS, NSID intends to reserve certain rights with regard to the use of The Property for drainage purposes as a dike and the CITY understands and agrees that NSID must continue said use until such time as a suitable replacement for the dike located on The Property is found and the dike replaced; and WHEREAS, NSID cannot be responsible for the actions which occur related to the CITY'S use of The Property and is in need of this indemnification and hold harmless agreement; NOW THEREFORE, BE IT AGREED BY AND BETWEEN THE PARTIES AS FOLLOWS: Section 1. This Interlocal Agreement between the CITY and NSID is entered into by virtue of the home rule authority of the parties and the powers granted to the parties by Chapter 71- 580, Laws of Florida, as amended, and Chapter 163, Florida Statutes. Section 2. Upon transfer of The Property to the CITY by NSID, the CITY shall provide an easement to NSID or permit NSID to reserve the right to continued use of the dike for drainage purposes. -1- Section 3. Upon transfer of The Property to the CITY by NSID, the CITY does hereby agree to defend, indemnify, and hold NSID harmless to the extent provided by law, for any and all liability, judgments, causes of actions, or other obligations arising out of or related to the use of The Property by the CITY or any persons other than NSID personnel. This hold harmless provision shall also include any legal fees and costs incurred in defending any lawsuits related thereto, including the costs and legal fees of any appeal. The CITY shall also notify its insurance carrier of this indemnity and hold harmless obligation for the purposes of providing insurance naming NSID as additional insured to cover the obligations undertaken herein. Section 4. The CITY shall also hold NSID hannless and indemnify NSID for any damage which is caused to the NSID dike contained within The Property as a result of its use by the CITY or any persons on The Property. The CITY, to the extent provided by law, shall reimburse NSID for any costs or expenses incurred for any repairs to the dike which are incurred as a result of any such use. Such reimbursement shall be made within thirty (30) days of receipt of notice of the damage incurred, the nature of the damage, the nature of the repairs needed, and the costs of the repairs. NSID shall attempt to effect any repairs in a reasonable and cost effective fashion and shall use reasonable judgment in determining whether repairs are indeed necessary for the proper functioning of the dike. Section 5. All notices required herein shall be delivered Certified Mail, Return Receipt Requested, or by hand delivery, as follows: AS TO CITY: Sal Pagliara, Mayor City of Parkland 6500 Parkside Drive Parkland, Florida 33067 -2- AS TO NSID: Gary L. Moyer, Superintendent Nnrth ~pring~ Tmprnvement District 10300 N. W. 11th Manor Coral Springs, FL33071 Section 6. This Agreement shall become effective upon its recordation with the Circuit Court ofBroward County, Florida. Section 7. This is the complete agreement between the parties and no amendment or alteration thereof shall be permitted except by a written document executed with equal dignity. IN WITNESS WHEREOF, CITY and NSID have made and executed this Agreement on the respective dates set forth below; CITY, signing by and through its Mayor, authorized to execute the same by City Commission action on the ~ay of {)t'/ro l1 t!"A , 1998, and NSID, signing by and tlu:ough its President, THOMAS L. GROSSJUNG, duly authorized to execute the same. Witnesses: CITY OF PARKLAND BY:~~ Date: /6~?/?~ ATTEST: '- ~-'<C"-' Q~~7 Susan Armstrong, City Clerk -3- STATE OF FLORIDA COUNTY OF BROW ARD The foregoing instrument was acknowledged before me, the undersigned Notary Public in and for the State of Florida, on this, the / '1 day of ~: C:~-t-e.A_/ , 1998, by SAL PAGLIARA, Mayor of the City of Parkland. , , el!1>/J Notary Public, State of Florida H13Lt:lJ M. '- Y/L' 011 Printed, typed or stamped name of Notary Public exactly as commissioned v-"'personally known to me, or Produced identification: - Type of identification produced Witnesses: NORTH SPRINGS IMPROVEMENT DISTRICT ff~ ~-<4- Print nam. 4JA-Alev KEl2s I By: c::de.- Thomas L. Grossju ~"/?t~. ~ PrinUiame: ~6AN M ~G~ Date: ~ -t --9Y ATTEST: ~ ~mry -4- STATE OF FLORIDA COUNTY OF BROW ARD The foregoing instrument was acknowledged before me, the undersigned Notary Public in and for the State of Florida, on this, the ~ day of fi t(~ t/ 5 T , 1998, by THOMAS L. GROSSJUNG, as President of the Board of Supervisors of NORTH SPRINGS IMPROVEMENT DISTRICT, and GARY MOYER, as Secretary, who are personally known -aadlor predYced -as iaen.tiH€atiea aHa who'; being duly sworn, depose and say that the aforementioned is true and correct to the best of their knowledge. DONNA HOLIDAY "'crr~"YPUBUC STATIi: OF JILORlDA t.',h\;.MISSJON NO, CC421230 MY C(~M~J!ISSJON EXP. NOV :h, '. J J ~' ~~ . · e.,QA..A..,t.- ('.c.-- .' "/ ~ Notary Public, State of~da 'Do 1tJ~/A !ltJ1. '7 Printed, typed or stamped name of Notary Public exactly as commissioned .' My commission expires: / /~ z- f- y Y (NOTARY SEAL) 8/5/98 chattpc 1 \Parkland\Agreements\NSID-Dike -5-