HomeMy WebLinkAboutR-1983-043 1 ;
RESOLUTION NO. 43 Y
A RESOLUTION OF THE CITY OF DANIA, FLORIDA,
APPROVING THE ESCROW AGREEMENT FOR THE WATER
AND SEWER AGREEMENT BETWEEN MARVIN I . DANTO
AND BETTY J. DANTO AND THE CITY OF DANIA,
FLORIDA, AS APPROVED BY RESOLUTION ON JUNE 28 ,
1983 ; AND PROVIDING THAT ALL RESOLUTIONS OR
PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE
REPEALED TO THE EXTENT OF SUCH CONFLICT; AND
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PROVIDING FOR AN EFFECTIVE DATE .
WHEREAS , the CITY OF DANIA and MARVIN I . DANTO and BETTY J.
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DANTO entered into that certain Water and Sewer Agreement, dated
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August 23 , 1983 , which said Agreement was approved by Resolution of
the City Commission on June 28 , 1983 ; and
WHEREAS , said Water and Sewer Agreement provided for the deposit
of certain funds with the Law Offices of GUSTAFSON, STEPHENS , FERRIS ,
FORMAN & HALL, P .A. , to be expended in accordance with the terms and
conditions of said Agreement ; and
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WHEREAS , said escrow arrangements have been formalized by means
of that certain Escrow Agreement by and between the CITY OF DANIA,
MARVIN I. DANTO and BETTY J. DANTO , and the Law Offices of GUSTAFSON,
j STEPHENS , FERRIS, FORMAN & HALL, P.A. , a copy of which is attached
hereto and made a part hereof as Exhibit
NOW, THEREFORE , BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA, FLORIDA:
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Section 1. That that certain Escrow Agreement by and between
the CITY OF DANIA, FLORIDA, MARVIN I. DANTO and BETTY J. DANTO, and
,,...f the Law Offices of GUSTAFSON, STEPHENS , FERRIS , FORMAN & HALL, P.A. ,
a copy of which is attached hereto as Exhibit "A", be and the same is
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hereby accepted and approved and the appropriate City Officials are
hereby authorized and directed to execute same .
Se
ction 2 . That all resolutions or parts of resolutions in con-
flict herewith be and the same are hereby repealed to the extent of
such conflict .
Section 3 . That this resolution shall be in force and take
effect immediately upon its passage and adoption.
PASSED and ADOPTED on this 23rd day ofaugL;st , 1983 .
1 ATTEST : MAYOR-COMMISSIONER` --
CITY CLERK-AUDITOR ,
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I APPROVED FOR FORM AND CORRECTNESS :
i By:� G
rRtINK C . ADLER, City Attorney
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ESCROW AGREEMENT
Agreement made this 23 day of August 1953
by and between the CITY OF DANIA, a Florida municipal corporation,
hereinafter referred to as "CITY" , and MARVIN I . DANTO and BEiY J.
DANTO, hereinafter referred to as "DEVELOPER" , and the law offices
Of GUSTAFSON, STEPHENS , PERRIS , FORNAN & HALL, P.i:. , hereinafter
referred to as "AGENT" .
W I T N E S S E T I1
WHEREAS, CITY and DEVELOPER have entered into a Plater and
Sewer Agreement, a copy of which is attached hereto as E::hibit "A"
and incorporated herein by reference; and
WHEREAS , the Water and Sewer Agreerlenc ;;rovicies that
DEVELOPER shall, in lieu of payment to the CITY of the acreage
charges set forth in the Agreement, place in escrow, .pith the AGENT,
the sum of one Hundred Ninety One Thousand Two Dollars and r•i_tV-
Six Cents ($191, 002. 56) , from which funds may be .rithdra:an for. list
construction of permanent off-site water and sewer facilities and
the oversizing of certain on-site water and secrer facilities, u:
approval of said facilities by CITY;
NOW, THEREFORE , in consideration of the fcrego'_ng , ilia
mutual covenants contained herein and other good c:nd valuabl,! con-
sideration, the adequacy and receipt of which arc., her.eby ac::no.aledged
the parties hereto agree as follows:
TERMS
1. AGENT shall place the monies depcsitc:�, b,; D VE OLcf: `nto
an account designated by the DEVELOPER. All interest: carnoi in said
account shall be payable to DEVELOPER under any and all c` rc ::stancas.
2. Upon DEVELOPER incurring any 0r:pen::e wh:ici; e
said Water and Sewer Agreement provides shall be rcc.iicu Charges described in Exhibit "B" thereof, and upon the ;:ritten
approval of such expense by engineers for the iilri' ;LOPE : and on.
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for CITY, then in that event Agent shall disbur:;c ti:e t:.• ,:,ios ::elci
in escrow as follows, to-wit: I
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A. Upon receiving such a written approval, AGENT
shall disburse funds from escrow equal to the amount of the expense
so approved directly to DEVELOPER. In the event the total of such
approved expenses equal or exceed the sum of $191,002. 56 , then and
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in that event the entire funds held in escrow shall be disbursed
to DEVELOPER.
B. In the event the total of such approved expenses
are less than the sum of $191,002. 56, then in that event the difference
between such total and $191, 002. 56 shall be disbursed to CITY. The
engineers for the DEVELOPER and engineers for CITY shall notify AGENT
in writing when all expenses to be paid from the escrow fund have
been paid.
3. In the event that the aforesaid Water and Sewer Agree-
ment is cancelled or becomes null and void pursuant to Paragraph 12
thereof , AGENT shall disburse the then remaining balance of the
funds in escrow to DEVELOPER.
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4. CITY and DEVELOPER agree that AGENT assumes no liability
for and is expressly released from any claim or claims in connection
with its reception, retention, and delivery of any papers or docu-
ments delivered to it hereunder except to account for payments made
thereon, from which it is authorized to deduct its customary collec-
tion charges and expenses together with any amount which may be
required to pay for legal expenses due to any litigation or controversy
that may arise in connection herewith.
IN WITNESS WHEREOF, the parties have executed this Agreement
on the dates set forth below.
Signed, sealed and delivered
in the presence of:
' MARVIN I . DANTO
ZZ, .<< , /ti
Dated;
BETTY J. DANTO
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/ Dated: I
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CITY OF DANIA, a FloridL,
municipal corporation
By: -
CHESTER A. 3YRD
Mayo -Conunissic)ne:-
{ ATTEST: W�
1 By:
/�,C{ �� �2 RICHARD MAIPT N'Tll/ City Manager
WANDA MULLIKIN
CityClerk/Auditor
Dated: ---_--
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cosTAr� N, srLPe,.ra R!lIs,
C, FORD N & HALL P 1 . /
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i; iq ct F;i, �
54 Nortieast rch St_oet
F rt Lauder,—) Ilorida 3 3 301
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(305) 763-93
Dated:
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