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RESOLUTION NO. 11 -92
A RESOLUTION OF THE CITY OF DANIA, FLORIDA,
APPROVING THE SETTLEMENT AGREEMENT BETWEEN THE
CITY OF DANIA AND STATE OF FLORIDA DEPARTMENT
OF TRANSPORTATION RELATING TO DAMAGE TO CITY
PROPERTY; AND AUTHORIZING THE APPROPRIATE CITY
OFFICIALS TO EXECUTE SAID AGREEMENT; AND
PROVIDING FOR AN EFFECTIVE DATE.
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA,
FLORIDA:
I Section 1 . That the certain Settlement Agreement between the
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City of Dania and the State of Florida Department of Transports-
tion, a copy of which is attached hereto and made a part hereof as '';"
Exhibit "A" , be and the same is hereby approved and the
appropriate city officials are directed to execute same.
Section 2. That this resolution shall be in force and take LL�lt
effect immediately upon its passage and adoption. -+=
PASSED and ADOPTED this 28th day of January 1992, r,
OR - COMMI SIONER
i
� ATTEST:
CITY CLERK' - AUDITOR
APPROVED AS TO FORM AND CORRECTNESS
FRANK C. ADLER, City Attorney
Resolution No. 11 -92
i
SP.TTLZMENT AGREEMENT
This Agreement made this day of 199_,
by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION i
( "DEPARTMENT" ) and the CITY OF DANIA ( "CITY") .
WHEREAS, the DEPARTMENT entered into a contract with the
i
Florida Roads Company on May .2, 1989 for the purpose of doing work f
for the DEPARTMENT within the city limits of the City of Dania
I (FDOT Project Nos. 86095-3468 and 86095-3496) ; and,
l WHEREAS, the City of Dania authorized the Florida Roads
Company to utilize a portion of the. CITY' s right-of-way on the
Taylor Road Extension in order to perform its work; and,
WHEREAS, during the period of Florida Roads Company' s
- construction activity, some damage occurred to the CITY' s utilitiesH,.
in the area; and,
WHEREAS, the City of Dania has made a claim against the ,
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Florida Roads Company and the DEPARTMENT for payment of these
damages ; and,
WHEREAS, the City of Dania, The Florida Roads Company and the
Department of Transportation have agreed to settle the City' s claim
for the total amount of $10, 246 . 00 , whereby the Florida Roads fix"
i
Company pays $6, 583 . 00 and the Department pays $3,663 .00; and,
WHEREAS, the Florida Roads Company has paid its agreed upon
amount of $6, 583 . 00 ;
NOW, THEREFORE, in consideration of the mutual covenants
contained herein, the parties agree as follows:
1 1. To satisfy the remaining portion of the claims settlement
the DEPARTMENT has agreed to pay the sum of $3, 663 . 00 .
EXHIBIT "A„ � ,,
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2. In exchange for the payment of said amount by the
DEPARTMENT, the CITY agrees to fully, finally and forever release
and discharge the State of Florida Department of Transportation
from any and all claims, actions or demands arising out of or
related to the activities or alleged activities of the Florida
Roads Company or the Department of Transportation during its
performance under FDOT Project Nos . 86095-3468 and 86095-3496.
3. The parties agree that by entering into this Agreement
the Department admits no liability for the damages complained of by
F •
fY
j the City but that settlement is based upon CITY' s assertion of a
colorable legal claim in support of its demand for payment.
4. The parties to this Agreement further agree and covenant
that this Agreement is binding on the parties, their heirs at law
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and their assigns and successors in interest . i` a
IN WITNESS WHEREOF, the parties hereto pursuant to due
statutory authority, have caused this instrument to be executed as
of the date first above written.
THE CITY OF DANIA, Florida THE STATE OF FLORIDA DEPARTMENT
a Florida municipal corporation OF TRANSPORTATION
(An agency of the State of Florida) '
BY:
Robert A . Mikes , Mayor
TITLE:
-Poert a ey , i y anager
Approved for form and correctness :
ATTEST:
Frank C . Adler , City Attorney
Attest :
DATE:
Wanda Mullikin , City Clerk-
Auditor
Dated : _^
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