HomeMy WebLinkAboutCity of Tamarac Resolution R-79-207Introduced by: # %3 g,r'
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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hereby repealed.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:
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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
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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
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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
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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
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