HomeMy WebLinkAboutCity of Tamarac Resolution R-79-073Introduced by: TEMP. RESO . 11250
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CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R- 1 q- 73
A RESOLUTION AUTHORIZING EXECUTION OF AN AGREE-
MENT BETWEEN THE CITY AND THE BOARD OF COUNTY
COMMISSIONERS FOR RIGHT-OF-WAY ACQUISITION ON
UNIVERSITY DRIVE.
WHEREAS, the Board of County Commissioners and the City have
agreed to share in the cost of acquiring a right-of-way along a
portion of University Drive for a pedestrian bridge, and
WHEREAS, the City Attorney has reviewed and recommends approval
of said agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
TAMARAC, FLORIDA:
SECTION 1: That the Mayor and City Manager are hereby autho-
rized to execute and the City Clerk to attest to an agreement with
the Board of County Commissioners for acquisition of a right-of-way
along University Drive for a pedestrian bridge, for which each party
will share fifty (50%) percent of the expense, copy of which is
attached hereto and made a part hereof reference as Exhibit "A".
PASSED, ADOPTED AND APPROVED this
ATTEST:
TY CLERK
I HEREBY CERTIFY that I have
approved the form and correctness
of -this RESOLUTION.
s/mil • a:��
CITY ATTORNEY
ay of
RECORD OF COUNCIL VOTE
MAYOR:-� -
IaiTRICT I.
WSTRICT 2:
DISTRICT 3:
DISTRICT 4:
,1979
r
71
09
AGREEMENT
Between
BROWARD COUNTY
and
CITY OF TAMARAC
for
Right -of -Way Acquisition
4
AGREEMENT
Between
BROWARD COUNTY
and
CITY OF TAMARAC
for
Right -of -Way Acquisition
This Agreement, made and entered into this day of
A.D., 1978, by and between:
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 (500) of said
cost; and
WHEREAS, at the Council meeting of 1979, the City
Council approved the MUNICIPALITY'S funding ollfiftV 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
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.
5. 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 within ninety (90) days
of the COUNTY commencing construction of the overpass. If the overpass
is not built, MUNICIPALITY has no financial obligation to COUNTY toward
the purchase of land, other acquisition or any other cost.
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 during fiscal year construction has commenced,
second payment shall be made during the following fiscal year, and
third and final payment shall be made during second fiscal year after
the first payment. The MUNICIPALITY shall pay no interest on the costs
of acquisition.
6. If the COUNTY incurs any expense in enforcing the terms of this Agreement
whether suit be brought or not, MUNICIPALITY agrees to pay all such costs
and expenses, including but not limited to court costs, interests and
reasonable attorney's fees.
7. This document incorporates and includes all prior negotiations, corres-
pondence, conversations, agreements, or understandings applicable to the
matters contained herein and the parties agree that there are no commit-
ments, agreements, or understandings concerning the 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 con-
tained in a written document executed with the same formality and of
equal dignity herewith.
-2-
S. 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'S only obligations concerning the over-
pass are set forth in this Agreement.
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 Chairman,
authorized to execute same .by Board action on the day of
1979, and CITY OF TAMARAC, signing by and throughiTs Mgrae
duly authorized to execute same.
COUNTY
ATTEST: BROWARD COUNTY, through its
BOARD OF COUNTY COMMISSIONERS
County Administrator and x-
Officio Clerk of the Board of
County Commissioners of
Broward County, Florida
ATTEST:
G�
Edi4ard A. Gross�-City Ma ager
ATTEST'
;_�
a ra . to ans, City erc
APPROVED AS TO FORM:
&tL A ul
Arthur M. Birken, Ci yAttorney
By
GERALD F. THOMPSO airman
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
MUNICIPALITY
By
Victoria E. Fialkowski
Assistant General Counsel
CITY OF T ARAC '
ByN_ � V-\ a—� ,I )
ale a ay
`d of
By �^
w d A. Gros ty a ager
day of . 979
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