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HomeMy WebLinkAboutCity of Tamarac Resolution R-79-207Introduced by: # %3 g,r' i 1 1 � 1 2 3 4 S b 7 B 9 10 11 12 13 14 15 36 17 18 19- 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 CITY OF TAMARAC, FLORIDA RESOLUTION N0: R 7 --,pO A RESOLUTION AUTHORIZING EXECUTION OF PEDESTRIAN OVERPASS'AGREEMENT WITH'BROWARD COUNTY BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF TAMARAC, FLORIDA: SECTION l: That the appropriate officials of the City of Tamarac, Florida, are hereby authorized to execute and perform all obligations under that Agreement attached hereto as Exhibit 1 pertaining to participation with Broward County in the land acquisition and construction of an overpass over University Drive by Tamarac Elementary School. Said obligation being responsibility for payment of one half of the cost of land acquisition. SECTION 2: All Motions and Resolutions in conflict herewith are hereby repealed. SECTION 3: This Resolution shall be effective upon adoption. PASSED, APPROVED AND ADOPTED this day of 1979., ATltST CITY CLERK I HEREBY CERTIFY that I have approved the form and correctness of this RESOLUTION E PE, i ro-wi- m RECORD OR COUNCIL VOY1 a MAYOR] DISTRICT 1; DIST SCT 2, DISTRICT 1 DISTRICT 4: 1 1 5811 NORTHWEST 88TH AVENUE a TAMARAC, FLORIDA 33321 TELEPHONE (305) 722-5900 Sept. 12, 1979 Ms. Victoria E. Fialkowski Assistant General Counsel Room 248 Broward County Couthouse 201 S.E. 6th St. Ft. Lauderdale, Fla. 33301 - Dear Ms. Fialkowski: Attached herewith is a copy of Resolution 79-207 along with four (4) copies of the Agreement which was approved and signed by the Tamarac City Council this date. encl:5 1 Sincerely yours CITY OF TAMARAC Laura Z. Stuurmans City Clerk t� AGREEMENT Between BROWARD COUNTY and CITY OF TAMARAC for Right -of - This Agreement, made and entered into this A.D., 1978, by and between: ", day of BROWARD COUNTY, Florida, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY;" and THE CITY OF TAMARAC, a municipal corporation organized and existing under the laws of the State of Florida, hereinafter referred. to as "MUNICIPALITY;" WITNESSETH: WHEREAS, MUNICIPALITY desires to acquire the necessary right- of-way for the construction of a pedestrian bridge over University Drive from a point beyond the west right-of-way line of University Drive to a point be- yond the east right-of-way line of said street, near Tamarac Elementary School in the City of Tamarac, Broward County, Florida; and WHEREAS, it has been determined that such construction will be in the general public interest and of substantial benefit to the residents of the COUNTY and MUNICIPALITY; and WHEREAS, at the Board meeting of June 13, 1978, the Board of County Commissioners approved the purchase of right-of-way needed for the east approach, subject to MUNICIPALITY funding fifty percent (50%) of said cost; and WHEREAS, at the Council meeting of 1978, the City Council approved the MUNICIPALITY'S funding of fifty percent (50$) of the acquisition of the right-of-way needed for the east approach. NOW, THEREFORE, in consideration of the mutual terms, conditions, promises, covenants and payment hereinafter set forth, the COUNTY and MUNICIPALITY agree as follows: 1, COUNTY will acquire the fee simple title to portions of the real property adjacent to University Drive on the east upon which to locate the eastern 9 entrance to the pedestrian bridge, whether it be by negotiated purchase or eminent domain proceedings. _ 2. COUNTY and MUNICIPALITY each agrees to pay fifty percent (50%) of the actual right-of-way acquisition costs, regardless of the manner of acquisition. 3. Actual right-of-way acquisition costs shall include, but not be limited to, the costs and expenses incurred in a condemnation proceeding, if such proceeding is necessary. 4. The COUNTY shall keep accurate records of the actual costs of the right-of-way acquisition, and such records shall be made available at all times for inspection by the MUNICIPALITY. The COUNTY'S records shall be used as the basis for the division of the actual costs of the right-of-way acquisition between the COUNTY and the MUNICIPALITY. S. The COUNTY shall submit an itemized bill to the MUNICIPALITY for the MUNICIPALITY'S portion, that being fifty percent (50%),of the total actual costs of acquiring the fee simple title to portions of the real property adjacent to University Drive on the east upon which to locate the eastern entrance to the pedestrian bridge The MUNICIPALITY shall remit to the COUNTY the total amount billed in ._ three (3) equal annual payments over a three (3) year period. First payment shall be made within thirty (30) days of receipt of a bill from Broward County during fiscal year 1979 - 1980, second payment shall be made during the fiscal year 1980,- 1981, and third and final payment shall be made during fiscal year 1981 - 1982. The MUNICIPALITY shall pay no interest on the costs of acquisition. 6. If the COUNTY incurs any expense in enforcing the terms of this Agree- ment whether suit be brought or not, MUNICIPALITY agrees to pay all such costs and expenses, including but not limited to court costs, in- terests and reasonable attorney's fees. 7. This document incorporates and includes all prior negotiations, corres- pondence, conversations, agreements, or udnerstandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements, or understandings concerning this subject matter of this Agreement that are not contained in this document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representations or agreements whether oral or written. It is further agreed that no modification, amendment or alteration in the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. 2. 99 I 8. This Agreement shall continue in effect and be binding on the COUNTY and MUNICIPALITY until acquisition of the needed right-of-way is com- pleted and final remittance is made by the MUNICIPALITY to the COUNTY for the MUNICIPALITY'S portion of the total actual cost of the right- of-way acquisition. 9. COUNTY shall be responsible for all costs of construction and design of the overpass. MUNICIPALITY shall be responsible for maintenance of the pedestrian overpass.. _ _ IN WITNESS WHEREOF, the parties hereto 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- man, authorized to execute same by Board action on the day of 19 and CITY OF TAMARAC, signing by and through duly authorized to execute same. ATTEST: County Administrator and Ex- Officio Clerk of the Board of County Commissioners of Broward County, Florida ATTES�i City Mand.g�r ATTEST: City Cle [1I1111Ltt7 BROWARD COUNTY, through its BOARD OF COUNTY COMMISSIONERS By GERALD F. THOMPSON, Chairman This day of ,1979. This document prepared by Office of General Counsel for Broward County, Florida HARRY A. STEWART General Counsel Room 248, Courthouse Fort Lauderdale, Florida 33301 (305) 765-5105 By Victoria E. Fia kowski Assistant General Counsel MUNICIPALITY CITY F TAMAR C By V1AITL K, yor This E,7 y of 1979 3. EDYAW A. GROSS(, SCiotg.Manager This_day of,,/4,1979 21