HomeMy WebLinkAboutR-104-91 Annexation Agreement between Broward Co. and the City for transfer of Meli Park (formerly Griffin Park)RESOLUTION NO. 104-91
A RESOLUTION OF THE CITY OF DANIA, FLORIDA,
APPROVING THAT CERTAIN AGREEMENT BETWEEN
BROWARD COUNTY AND THE CITY OF DANIA FOR
TRANSFER OF REAL AND PERSONAL PROPERTY
RELATING TO GRIFFIN PARE; AND PROVIDING FOR AN
EFFECTIVE DATE.
HE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA,
FLORIDA:
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Section 1. That that certain Agreement between Broward
County and the City of Dania for Transfer of Real and Personal
Property Relating to Griffin Park, a copy of which is attached
hereto as Exhibit "A", be and the sane is hereby approved, and the
appropriate city officials are hereby directed to execute same.
Section 2. That this resolution shall be in force and take
effect immediately upon its passage and adoption.
PASSED and ADOPTED this 24th day of September , 2991.
ATTESTS
LUWY UDBRK- AUDITOR
MAYOR - COMMISSIONER
APPROVED AS TO FORM AND CORRECTNEM
FRANK C. ADLER, C ty Attorney
Resolution No. 104-91
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ANNEXATION AGREVIENT
Between
BROWARD COUNTY
and
A4MIA
CITY OF DM;6—
for
TRANSFER OF REAL AND PERSONAL
PROPERTY RELATING TO GRIFFIN PARR
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ANNEXATION AGREEMENT
Between
BROWARD COUNTY
and
CITY OF DANIA
for
TRANSFER OF REAL AND PERSONAL
PROPERTY RELATING TO GRIFFIN PARK
This is an Annexation Agreement, made and entered into by and
between: BROWARD COUNTY, a political subdivision of the State of
Florida, hereinafter referred to as "COUNTY",
AND
CITY OF DANIA, a Florida municipal corporation, hereinafter
referred to as "CITY".
W I T N E S S E T H
WHEREAS, pursuant to House Bill 3555, the City of Dania placed a
referendum question on the November 6, 1990 ballot, to determine
whether those citizens residing in the "Dania Annexation Area" desire
to be annexed into the City of Dania as of January 1, 1991; and
WHEREAS, a majority of the citizens voted in favor of the
referendum question for annexation and CITY must now make.;
arrangements to provide for the delivery of certain essential and
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necessary governmental services to the Dania Annexation Area; and
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WHEREAS, CITY is debirous of operating and maintaining Griffin
Park in the same manner as the COUNTY, which operation and
maintenance shall commence at midnight, September 30, 1991,
hereinafter referred to as "the transfer date"; NOW, THEREFORE,
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IN CONSIDERATION of the mutual terms, conditions, promises,
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covenants and payments hereinafter set forth, COUNTY and CITY agree
as followss
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ARTICLE I
TRANSFER DATE
The real and personal property and rights and duties described
within this Agreement shall -be transferred from the COUNTY to the
CITY effective on September 30, 1991 at midnight, with the exception
of any property, rights, or duties specifically reserved by the
COUNTY as described in this Agreement.
ARTICLE 2
REAL PROPERTY DESCRIPTION
That portion of Griffin Park, 2901 S.W. 52nd Street, Fort
Lauderdale, Florida 33312, as referenced in Exhibit "A", attached
hereto and made a part hereof. The referenced Park portion is
distinguished from that portion of the Park controlled by and the
subject of the Master Lease Agreement between he COUNTY and the
School Board of Brcward County, Florida dated ab. 18 ES and
incorporated herein by reference, and attache ersto as Exhibit "B".
ARTICLE 3
SCHOOL BOARD LEASE
The COUNTY agrees to act as Assignor, and the CITY agrees to act
as Assignee, of that certain Master Lease Agreement by and between
the School Hoard of Broward County, Florida and Broward County,
through its Board of County Commissioners, as described in Exhibit
"B". The referenced assignment is subject to approval by the School 5{
Board of Broward County, Florida and shall be effective on the wi
transfer date, so as to be a simultaneous occurrence with the Qe_.
tranafers described in this Agreement. -:
ARTICLE 4
REAL PROPERTY TRANS
The COUNTY agrees to transfer to the CI
portion of Griffin Park referenced in Exhibit
as "the soccer field".
ARTICLE 5
ASSETS AND LIABILITIES
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by quitclaim deed that O
"A" herein, and known
5.1 Upon execution of the Agreement, and effective September 30,
1991 at midnight, the CITY shall assume all responsibilities and
liabilities for Griffin Park, with the exception of COUNTY
responsibilities listed below. In addition to the real property
described in ARTICLES 2 and 4 herein, COUNTY also shall convey
the improvements thereon, as well as any intangible property
relating thereto, along with the personal property described in
Exhibit "C", attached hereto and made a part hereof.
5.2
The COUNTY warrants that any Griffin Park construction -related
project improvements commenced by the COUNTY or its contractor
and not completed by the transfer date mentioned herein, shall
be completed by the COUNTY or its contractor within a reasonable
time following the Park's transfer to the CITY.
5.3.
The CITY agrees to operate and maintain Griffin Park at the
same level of service as the COUNTY has in the past.
The COUNTY shall provide an annual lump sum payment of Six
Thousand ($6,000) Dollars for three consecutive years to the
CITY for Griffin Park's 1992-1994 Summer Youth Program. Each of
the three (3) payments shall be disbursed by June lst of that
particular program year.
ARTICLE 6
MISCELLANEOUS PROVISIONS
6.1
Succession of Agreement. This Agreement and the 'rights and
o� fl g—a�ona conta ned herein shall inure to the benefit of and
be binding upon the parties hereto and their respective
successors and assigns.
6.2
Execution Date. The date of the execution of this Agreement
s a 1 mean the last day upon which it becomes fully executed by
COUNTY and CITY.
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6.3
Joint Pre aration. The preparation of this Agreement has been a
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a ort of the parties and the resulting document shall
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not, solely as a matter of judicial construction, be construed
more severely against one of the parties than the other.
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6.4
No Waiver. No waiver of any provision of this Agreement shall
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be effective unless it is in writing, signed by the party
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against wham it is asserted and any such written waiver shall
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only be applicable to the specific instance to which it relates
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and shall not be deemed to be as continuing or future waiver.
6.5
Counterparts. This Agreement may be executed in one or more
counterparts, each of which shall be deemed to be an original
but all of which shall constitute one and the same Agreement.
6.6
Sindin Effect. This Agreement* shall inure to the benefit of
an a binding upon the parties and their respective
heirs, personal representatives, successors, and assigns.
6.7 En ire A eeme t and Modification. This Agreement constitutes
e ent re u erstand ng an agreement between the parties and
may not be changed, altered, or modified except by an instrument
in writing, signed by all parties against whom enforcement of
such change would be sought. In the event any term or provision
of this Agreement shall be determined by appropriate judicial
authority to be illegal or otherwise invalid, such provision
shall be given its nearest legal meaning or be construed or
deleted as such authority determines, and the remainder of this
Agreement shall be construed to be in full force and effect.
6.8 =erni awbaw. This Agreement shall be construed an interpreted
according to the laws of the State of Florida and venue with
respect to any litigation shall be eroward County, Florida.
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IN WITNESS WHEREOF, the parties have made and executed this
Annexation Agreement on the respective dates under each
signature: BROWARD COUNTY through its BOARD OF C UNTY
COMMISSIONERS, signing by and through its Chair, utho iced to
execute same by Board action on the day of , 19 ,
and CITY OF DANIA, signing by and through its9 onedul
authorised to execute same. r
ATTEST:
COUNTY
CaUffy AMMfiistra`Eor aTn?[— -
Ex-Officio Clerk of the
Board of County Commissioners
of Broward County, Florida
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BROWARD COUNTY, through its
BOARD OF COUNTY COMMISSIONERS
new, A✓�.
LOR7(NANCE PARRISH, Chair
L day of , 19 i1.
Approved as to form by
Office of County Attorney
Broward County, Florida
JOHN J. COPELAN, JR.,
County Attorney
Governmental Center, Suite 423
115 South Andrews Avenue
Fort Lauderdale, Florida 33301
Telephone: (305) 357-7600
Telecopier: (305) 357-7641
By
Ahft;ICHEN
Assistant County Attorney
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N AGREEMENT BETWEEN BROWARD COUNTY AND CITY OF DANIA
FOR TRANSFER OF REAL AND PERSONAL PROPERTY
RELATING TO GRIFFIN PARK
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CITY
CITY OF DANIA
By Af
Mayor -Comm ss oner
aLdday of J 4e_, 19 9Y.
APPROVED AS TO FORM:
By -A" C.
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City Attorney
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(Striped area)
LM ILBIT "A"
LEGAL DESCRIPTION FOR
2.6 ACRE COUNTY OWNED ADDITION TO
GRIFFIN PARK 1403
Beginning at the NW corner of Lot 11, Blk. 2, Section
32-50-42 according to the Plat of Sections 26, 29, 31 a 32
(PB 2 Pg. 32 Dade); thence N. 890 38' 58` W. a distance
of 809.93'; thence S. 10 27' 14" a distance of 421.13' to
the P00; continue S. 10 27' 14" a distance of 217.050;
thence East 439.294, thence North 141.0514 thence N. .
450 00' 31" E. a distance of 35.35'; thence S. 890 S8' SB"
E. a distance of 326.091; thence N. 300 Do' 46" E. a die-
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vj tance of 57.73.1 thonce N. 090 S8' S8" N. a distance of
1, 813.75' to the Point of Beginning, said lands lying and
being in Broward County, Fla, and containing 2.6 acres
more or lose.
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RESOLUTION 91-1707
. A RESOLUTION OF THE HOARD OF COUNTY CONNISSIONERS
OF BROWAAD COUNTY, FLORIDA, AUTHORIZING THE
. CONVEYANCE OF CERTAIN PROPERTY AS PART OF GRIFFIN
PARK TO THE CITY OF DANIA FOR TRANSFER OF A PARR
TO THE CITY,$ PROVIDING FOR SBVERABILITY1 AND
PROVIDING FOR AN EFFECTIVE DATE,
. WHEREAS, on November 6, 1990, a majority of Citizens residing
in the "Dania Annexation Area" voted in favor of the Area, including
Griffin Park, being annexed into the City of Dania, as more fully
described in the Annexation Agreement, attached hereto and make a
part hereof; and
WHEREAS, simultaneous with the adoption of this Resolution, the
Board of County Commissioners will enter into an Annexation
Agreement with the City of Dania which provides for the County to
convey the subject property to the City by Quitclaim Deed with a
reverter clause limiting the City to operation and maintenance of the
property as a public park site in perpetuity; and
WHEREAS, Section 125.38, Florida statutes, pertaining to the
sale of -County property, provides for a requirement that the Board
of County Commissioners adopt a resolution setting forth the nature
and terms of a conveyance, the purpose for which such property is to
be used, and the price thereof; NOW, THEREFORE,
BE IT RESOLVED BY THE BOARD OF COUNTY
COUNTY, FLORIDAs
OF BROWARD
Section 1. That the above recitals are true and correct and
incorporated herein as if set forth in full herein.
Section 2. That the Board of County Commissioners for Broward.
County, Florida, for and in consideration of the sum of Ten Dollars
($10.00), desires to convey to the City of Dania, by the attached
Quitclaim Deed, all of its right, title and interest to the subject
property to be operated and maintained by the City.of Dania, in
accordance with the terms and conditions of the Annexation
Agreement, as a public park in perpetuity.
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Section 3. BSVSRABILITY.
If any section, sentence, clause or phrase of this Resolution is
held to be invalid or unconstitutional by any court of competent
Jurisdiction, then said holding shall in no way affect the validity
of the remaining portion of this Resolution.
Section 4. EFFECTIVE DATE.
This Resolution shall became.effective uponlit4 adoption.
ADOPTED this day of , '19• /1 .
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ODIC CLAIM DEED
(Pursuant to F.S. 125.411)
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TRIS DEED, made this dey of 6""r."mbar 30, 1091, by BROWARD°
Comm, a political subdivision of the state of Florida, hereinaf M
referred to as "GRANTOR," whose post office address is Froward CouWy
Governmental center, 115 South Andrews Avenue, Fort Lauderdale,
Florida 33301, and CI7f of DANIA, a municipal corporation of the
state of Florida, hereinafter referred to as "GRANTEE," whose post
office address is City of Dania, P.O. Box 1708, Dania, Florida 33004.
W I T N 8 S S 8 T N:
That BROWARD COUNTY for and in consideration of the sum of TEN
DOLLARS (;30..00) to it in hand paid by CITY OF DANIA, the receipt
whereof is hereby acknowledged; has granted, bargained and sold to
CITY OF DANIA, its successors and assigns, the following described
lands, lying and being in Broward County, Florida, to wit:
A am of the legal description is attached hereto as Exhibit
"A"and made a part hereof. W.
SUBJECT TO: sa:
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This conveyance is made subject to and upon the express _o
condition that should the GRANTEE cease to use the subject
property in accordance with that certain Agreement dated
1991 recorded in O.B. Hook , Page o! the p .
Public Records of Broward County, Florid; or if the property is W
ever used for any other purpose •otber than public recreation, CA -
park purposes, and uses accessory and incidental thereto, or if rn
any attempted conveyance of said property shall be made, then
and in that event, without further act on the part of the
GRANTOR, its successors, or assigns, the estate of the GRANTEE
shall automatically' terminate upon recording of the affidavit as
provided for below and the fee title shall revert to and vest in
the GRANTOR, its successors or assigns, without the necessity of
re-entry. GRANTOR shall further prepare and record an affidavit
among the Public Records of Broward county giving notice of the
occnrrence of the reverter. it is the GRANTOR'S intent hereby
to convey the said property but to retain a possibility of
reverter as described above and not an estate upon the
occurrence of a condition subsequent.
Approved BCC r
Submitted By
OgTURN TO DOEUMENT OONTROC
FEE ITEM
RETURN TO
FRONT RECORDING
IN WITNESS WHEREOF, BRgWARD COUNTY has caused these presents to
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be executed in its name by its Board of County Commissioners acting
by the Chair or Vice -chair of said Board, the day and year aforesaid.
BRCWARD COMM, FLORIDA
ATTEST: By Its Board of county Commissioners
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By 4 4.ri° o a
e rotor and LORI PANCB ARRISB, Chair
Ex-Officio Clerk of the
Board of County Commissioners ! of Broward County, Florida Z day of , 1 .
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EXHIBIT "A" p
LEGAL DE¢CRIPTION FOR
2,6 ACRE COUNTY OWNED ADDITION TO
GRIFFIN PARK #403
Beginning at the NW corner of Lot 11F 81k. 2, Section
32-50-42 according to the Plat of Sections 280 29, 31 4 32
(PB 2 Pg. 32 Dade); thence N. 890 58' 58" W. a distance
of 809.931; thence S. 10 27' 14" a distance of 421.13' to
the POB; continue S. 10 27' 14" a distance of 217.030;
thence East 439.291; thence North 141.8511 thence N.
450 00' 31" E. a distance of 35.351; thence S. 890 58' So-
E. a distance of 326.09'; thence N. 300 00' 46" E. a dis-
tance of 57.731) thence N. 090 58' 58" W. a distance of
813.751 to the Point of Beginning; said lands lying and
being in broward County, Fla. and containing 2.6 acres
more or less.
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