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1999-43 Holmberg Rd Transfer Agreement w Broward CtyRESOLUTION NO. 99-43 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF PARKLAND, FLORIDA, AUTHORIZING THE ROAD TRANSFER AGREEMENT BETWEEN BROWARD COUNTY AND THE CITY OF PARKLAND. WHEREAS, the City Commission of the City of Parkland, Florida finds and determines that it is in the best interest of the citizens of the City to enter into an agreement between Broward County and the City of Parkland for the transfer of Holmberg Road from Riverside Drive to State Road 7. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF PARKLAND, FLORIDA: Section 1. That the appropriate City officials hereby approve entering into the Road Transfer Agreement between Broward County and the City of Parkland. Section 2. That this Resolution shall become in full force and effect immediately upon its passage and adoption. PASSED AND ADOPTED THIS 15 DAY OF September ,1999. CITY OF PARKLAND, FLORIDA SAL PAGLIA , MOR ATTEST: HELEN LYNOTT, CMC/AAE CITY CLERK LAW OFFICES OF ANDREW S. MAURODIS P.O. BOX 2468 FT. LAUDERDALE, FL 33303 TELEPHONE (954) 524-3044 TELECOPIER (954) 524-5199 September 17, 1999 Helen Lynott, City Clerk City of Parkland 6500 Parkside Drive Parkland, Florida 33067 150 N.E. 2ND AVENUE DEERFIELD BEACH, FL 33441 TELEPHONE (954) 480-4265 TELECOPIER (954) 480-4490 REPLY TO: DEERFIELD BEACH RE: Road Transfer Agreement Between Broward County and City of Parkland Dear Helen: Enclosed is a copy of the above referenced agreement regarding the Holmberg Road Segment. Sincerely, Andrew S. Maurodis ASM:jms Enclosure CITY OF PARKLAND 6500 PARKSIDE DRIVE PARKLAND, FL 33067 (954)753-5040 FAX (954)341-5161 September 21, 1999 Andrew S. Maurodis, Esq. City Attorney City of Deerfield Beach 150 N.E. 2nd Avenue Deerfield Beach, FL 33441 RE: Road Transfer Agreement Between Broward County and City of Parkland Dear Andy: As you directed, enclosed are the three (3) executed copies of the above referenced agreement regarding the Holmberg Road segment from Riverside Drive to State Road 7. Please note the "Approved as to Form" portion on each requires your signature. Sincerely, 961W. Helen Lynott, City Clerk CITY OF PARKLAND MEMORANDUM TO: Harry Mertz, City Manager FROM: Andrew S. Maurodis, City Attorney Cr' DATE: December 7, 1999 SUBJECT: Road Transfer Agreement between Broward County and City of Parkland Attached is a copy of the fully executed Road Transfer Agreement for the Holmberg Road Segment which was recorded on November 4, 1999. ASM:jms Attachment Edward A. Dion County Attorney OFFICE OF THE COUNTY ATTORNEY 115 S. Andrews Avenue, Suite 423 Fort Lauderdale, FL 33301 (954) 357-7600 • Fax (954) 357-7641 • Suncom 442-7600 December 2, 1999 Our File: 99-088.05 Andrew Maurodis, Esq. City Attorney City of Parkland 6500 Parkside Drive Parkland, FL 33067 Re: Road Transfer Agreement between Broward County and City of Parkland Dear Andy: Pursuant to our telephone conversation of December 1, enclosed is a copy of the above - referenced Agreement signed by the Chair of the Broward County Commission on November 3, 1999. If you require anything further, please contact me. SVT:sI Enclosure maurodis.dec Sincerely, aron V. Thorsen Assistant County Attorney BROWARD COUNTY BOARD OF COUNTY COMMISSIONERS — An Equal Opportunity Empioyer and Provider of Services Norman Abramowitz Scott I. Cowan Suzanne N. Gunzburger Kristin D. Jacobs Ilene Lieberman Lori Nance Parrish John E. Rodstrom, Jr. Visit us on the Internet: www.co.broward.fl.us/legal INSTR # 99672392 OR BK 29995 P6 1777 RECORDB 11/04/1999 12:87 PM COMISSION BROWARD COUNTY DEPUTY CLERK 1831 RIGHT OF WAY TRANSFER MAP BOOK 13 PAGE 22 TO: CITY of PARKLAND HOLMBERG ROAD FROM RIVERSIDE DRIVE TO SR 7 BROWARD COUNTY TRANSPORTATION ENGINEERING ISI I I IIIIlIINIIII IIS ROAD TRANSFER AGREEMENT Between BROWARD COUNTY and CITY OF PARKLAND IN51R # 99672391 OR BK 29995 PG 1770 QED 11/04/1999 02:07 PN COMMISSION BRONARD COUNTY DEPUTY CLERK 1831 • Approved BCC t • ti Submitted By RETURN TO DOCUMENT CONT: —.1 0R BK 29995 P6 1771 ROAD TRANSFER AGREEMENT Between BROWARD COUNTY and CITY OF PARKLAND THIS AGREEMENT made and entered into this 02/46 day of November' , 19Q , by and between: BROWARD COUNTY, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY," through its Board of County Commissioners, AND CITY OF PARKLAND, a municipal corporation existing under the laws of the State of Florida, hereinafter referred to as "MUNICIPALITY." WITNESSETH: WHEREAS, Holmberg Road from Riverside Drive to State Road 7 is located within the municipal limits of the City of Parkland (hereinafter referred to as the "Holmberg Road Segment"), and WHEREAS, COUNTY and MUNICIPALITY are desirous of transferring the underlying title and responsibility for the planning, design, construction, improvement and maintenance for the Holmberg Road Segment from COUNTY to MUNICIPALITY; and WHEREAS, pursuant to Section 335.0415, Florida Statutes, jurisdiction and responsibility for public roads may be transferred by mutual Agreement of -the COUNTY and the MUNICIPALITY; and WHEREAS, Section 337.29(3), Florida Statutes, provides that title to roads transferred pursuant to Section 335.0415 shall be in the governmental entity to which such roads have been transferred upon the recording of a right-of-way map inihe public records; and WHEREAS, COUNTY and MUNICIPALITY have determined that it is in the best interest of the parties that responsibility for the operation, maintenance, planning, design and construction of the Holmberg Road Segment and of any future improvements thereto be transferred to MUNICIPALITY; NOW, THEREFORE, T) 0R BK 29995 PG 1772 In consideration of the promises and the mutual covenants contained herein, the parties hereby agree as follows: 1. The above recitals are true and correct and incorporated herein. 2. COUNTY agrees that in consideration of promises, covenants and indemnification given by MUNICIPALITY in this Agreement, COUNTY relinquishes any and all legal rights, interests and responsibilities with respect to the Holmberg Road Segment including but not limited to the planning, design, construction, improvement, and maintenance of the Road Segment, subject to the terms and conditions set forth herein, and hereby transfers to MUNICIPALITY all legal rights, responsibilities and obligations with respect to the Road Segment; subject, however, to the terms of the Traffic Engineering Agreement, dated April 4, 1984, between COUNTY and MUNICIPALITY. 3. The COUNTY shall provide to MUNICIPALITY the cost associated with resurfacing the Holmberg Road Segment. Said cost agreed upon between MUNICIPALITY and COUNTY is Two Hundred Seventeen Thousand Dollars ($217,000.00). COUNTY shall pay MUNICIPALITY the sum of Two Hundred Seventeen Thousand Dollars ($217,000.00) after October 1, .1999 and within three months thereof. Any and all additional costs and/or expenses of any type or nature, over and above the agreed upon amount set forth above for the resurfacing shall be the sole responsibility of MUNICIPALITY. 4. Upon the effective date of this Agreement, MUNICIPALITY agrees to accept all legal rights, responsibilities and obligations with respect to the Holmberg Road Segment including but not limited to the planning, design, construction, improvement, and maintenance of the Holmberg Road Segment. 5. To the extent permitted by law, MUNICIPALITY shall, at its sole cost and expense, indemnify, defend and hold harmless the COUNTY, its officers, agents and employees from and against any and all claims? legal or suit actions, damages, liabilities, expenditures, or causes of action of any kind or nature that may be filed against the COUNTY, its officers, agents and employees arising from the planning, design, construction, improvement and maintenance of the Holmberg Road Segment, and resulting or accruing from any negligent act, omission or error, conduct or misconduct of MUNICIPALITY, its agents, servants or employees arising out of the performance of this Agreement, resulting in any injuries or damages received or sustained by any person, persons or property. it is specifically understood and agreed that the indemnification provisions of this Agreement do not cover or indemnify the COUNTY for the negligence of the COUNTY, its -2- } agents, servants or employees. OR BK 29995 PG 1773 To the extent permitted by law, COUNTY does hereby agree to defend, indemnify and hold MUNICIPALITY harmless from any and all claims, legal or suit actions, damages, liabilities, expenditures or causes of action of any kind or nature that may be filed again MUNICIPALITY, its officers, agents, and employees, arising from the planning, design, construction, improvement, and maintenance of the Holmberg Road Segment, resulting or accruing from any negligent act, omission, or error, conduct or misconduct of COUNTY, its agents, servants, or employees, relating to the improvement and maintenance of the Holmberg Road Segment, which claim, legal or suit action, damage, liability, expenditure, or cause of action of any kind or nature accrued, prior to the date of this Agreement. 6. MUNICIPALITY shall save the COUNTY harmless from and against all judgments, orders, decrees, attorney's fees, costs, expenses and liabilities incurred in and about any such claim, investigation or defense thereof, which may be entered, incurred or assessed as a result of claims described in paragraph 5 above. 7. COUNTY's right-of-way map shall consist of evidence of public right-of-way ownership and documents affecting that right-of-way to the extent COUNTY has documentation of the right-of-way and in the form utilized by the COUNTY in carrying out its jurisdiction responsibilities. The parties acknowledge that the intent herein is to provide the MUNICIPALITY with the same record of right-of-way information that COUNTY possesses and utilizes. 8. Upon execution of this agreement by the MUNICIPALITY and COUNTY, COUNTY shall record this Agreement and a Right of Way map, consisting of the Broward County Engineering Division's Section Maps depicting the, deed and plat dedications for the Holmberg Road Segment in the public records of Broward County, Florida. Transfer of title to the Holmberg Road Segment from COUNTY to MUNICIPALITY shall become effective upon such recordation pursuant to Section 337.29 (3), Florida Statute 9. Whenever any of the parties desire to give notice to the other, such notice must be in writing, sent by U.S. Mail, postage prepaid, addressed to the party for whom it is intended at the place last specified; the place for giving of notice shall remain such until it is changed by written notice in compliance with the provisions of this paragraph. For the present, the parties designate the following as the respective places for giving notice: -3- 0 OR 8K 29995 P6 1774 For the COUNTY: Broward County Administrator 115 South Andrews Avenue, Room 409 Fort Lauderdale, Florida 33301 With a copy to: Director of the Broward County EngineeFing Division 115 South Andrews Avenue, Room 321 Fort Lauderdale, FI 33301 For the MUNICIPALITY: Mayor Sal Pagliara City of Parkland 6500 Parkside Drive Parkland, Florida 33067 10. This Agreement shall terminate upon mutual agreement of the parties provided, however, that the provisions of Sections 5 and 6 shall survive such termination. 11. This Agreement shall be interpreted and construed in accordance with and governed by the laws of the State of Florida. Venue for litigation concerning this Agreement shall be in Broward County, Florida (Intentionally left blank) • -4- OR BK 29995 P6 1775 • IN WITNESS WHEREOF, the parties have made and executed this Agreement on the respective dates under each signature: BROWARD COUNTY through its BOARD OF COUNTY COMMISSIONERS, signing by and through its Chair or Vice Chair, authorized to execute same by Board action on the 2jJ° day of November , 1944 , and the CITY OF PARKLAND, signing by and through its P O.J°r4C;s1i , duly authorized to execute same. ATTEST: • County Administrator and -Officio Clerk of the Board of County Commissioners of Broward County, Florida.ft,� COUNTY 040 cr i Sic/ i . k a Ip1toc) pp s��e� .��wOD 1.114470 aomonmui 4. -5- BROWARD COUNTY, through its BOARD OF COUNTYCOMMISSIONERS Ir 30 day of NOUernbar- , 1944 . Approved as to form by Office of County Attorney Broward County, Florida EDWARD A. DION, County Attorney Governmental Center, Suite 423 115 South Andrews Avenue Fort Lauderdale, Florida 33301 Telephone: (305) 357-7600 Telecopier: (305) 357-7641 By Sharon V. Thorsen . Assistant County Attorney C';< OR BK 29995 PG 1776 AGREEMENT BETWEEN BROWARD COUNTY AND THE CITY OF PARKLAND FOR TRANSFER OF HOLMBERG ROAD FROM RIVERSIDE DRIVE TO STATE ROAD:7 MUNICIPALITY Attest: CITY OF PARKLAND gide.) City Clerk He en Lynott SVT:cb 08/26/99 rdtrf. pkI File #99-088.05 -6- BY BY %. G /�i..i.G' ayor Pagl -;' ia. 'atc. 15 day of September, 19 99 City Ma a' a Harry( hertz 15 day of September APPROVED AS TO FORM: By 19 99 Attorney Andrew Maurodis