1998-031 First Union Bank Driveway Agreement
RESOLUTION NO. ~1-98
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, AUTHORIZING THE MAYOR AND
VILLAGE CLERK TO ENTER INTO AN AGREEMENT WITH FIRST
UNION NATIONAL BANK OF FLORIDA ATTACHED AS EXHIBIT "A",
WHICH AGREEMENT PROVIDES FOR TERMINATION OF RIGHT OF
USE OF A DRIVEWAY EASEMENT, CONSTRUCTION OF TWO (2)
DRIVEWAYS AND FOR OTHER PURPOSES; AND, PROVIDING FOR
AN EFFECTIVE DATE.
BE IT RESOLVED BY THE VILLAGE COUNCIL OF NORTH PALM BEACH,
FLORIDA:
Section I. The Village Council of the Village of North Palm Beach,
Florida, does hereby approve the Agreement with First Union National Bank of
Florida attached as Exhibit "A", which agreement provides for termination of
• right of use of a driveway easement, construction of two (2) driveways and for
other purposes.
Section 2. The Mayor and Village Clerk are hereby authorized and
directed to execute the Agreement with First Union National Bank of Florida set
forth in Exhibit "A" for and on behalf of the Village of North Palm Beach.
Section 3. This Resolution shall take effect immediately upon Its
adoption.
PASSED AND ADOPTED THIS 9th ^•" ^^
(Village Seal)
ATTEST:
• V/// ~,
i
Village Clerk
THIS AGREEMENT is made and entered into this 9th day of Jul v , 1998,
by and between VILLAGE OF NORTH PALM BEACH, a municipal corporation,
hereinafter referred to as "VILLAGE" and FIRST UNION NATIONAL BANK OF
FLORIDA, a banking association, hereinafter referred to as "FIRST UNION".
WHEREAS, Village has received dedication to a twenty-five (25) foot driveway
easement across lots B and C in Plat No. 2, Palm Beach Lake Worth Estates, Plat Book
-25-, Page 169 ,Public Records of Palm Beach County, Florida, which easement
extends easterly from the East right of way line of U. S. Highway One; and
WHEREAS, Village has heretofore allowed and authorized First Union to utilize
the driveway easement for the purpose of ingress and egress from U. S. Highway One to
and from its banking facility located at the intersection of U. S. Highway One and
Anchorage Drive; and
WHEREAS, First Union agrees to the cancellation and permanent termination of
• its use and right of use to the said driveway easement and entry to its land from U. S.
Highway One at such location in return for the considerations provided by the Village and
more particularly set forth in this Agreement.
NOW, THEREFORE, in consideration of the promises mutually exchanged in this
Agreement and other good and valuable consideration, the receipt and sufficiency of
which acknowledged, the parties agree as follows:
1. Upon full execution of this Agreement, Village shall at its cost obtain
all necessary governmental approvals and construct aright-in, right-out, driveway from
the east right of way line of U. S. Highway One adjacent to First Union's existing
banking facility, and otherwise harmonize the existing parking lot with the new driveway.
The exact location of the driveway and construction plans are to be mutually agreed to
by the parties prior to construction. Upon completion, the driveway shall be maintained
by First Union and not by the Village.
2. First Union agrees that any and all right of use granted by Village in
its site plan or otherwise to First Union in the existing driveway easement across said lots
B and C shall be canceled and permanently ternvnated upon completion by Village of the
C~
driveway specified in paragraph one above. At request of Village, First Union shall
• execute and deliver to Village a Quit Claim Deed of any interest in the existing driveway
easement.
3. Village also agrees at its cost to obtain all necessary governmental
approvals and construct a driveway for ingress and egress to and from U. S. Highway One
to lot B of Plat 2, Pahn Beach Lake Worth Estates, Plat Book 25 ,Page 169 ,
Public Records of Palm Beach County, Florida, which lot B is now unimproved and under
the ownership of First Union. The exact location of the driveway shall be determined by
the parties and shall be constructed in accordance with the plans for the driveway
referenced in paragraph one. This driveway shall be constructed at such time as a
building permit is issued by the Village for lot B.
4. Village agrees at its expense to erect a six (6) foot high concrete wall
along the alleyway behind First Union's banking facility and install landscaping in the
buffer area. Site-line concerns are to be reviewed and approved by First Union's
consultants.
5. Village agrees at its expense to remove the north-south roadway that
extends from the dedicated driveway easement to the south line of said lot B. Village
• agrees at its expense to install sod over the removed roadway and otherwise harmonize
the former roadway with the vacant parcel, lot B.
6. Village agrees to pay the reasonable fees of First Union's attorneys
not to exceed the sum of $6,000.00. The hourly rate for First Union's attorney shall be
$225.00. Village also agrees to pay the fees of First Union's engineers in an amount not
to exceed $ 6.000.00 Village shall make payment to First Union's attorney and
engineers upon receipt of increment billings not later than fifteen (15) days from receipt
of said billings.
7. This Agreement constitutes the entire Agreement of the parties and
may not be amended or modified except in a writing signed by both parties. All prior
understandings and Agreements between the parties are merged in this Agreement, which
alone fully and completely expresses their understanding.
8. This Agreement shall be binding on and inure to the benefit of the
parties and their respective successors and assigns.
2
9. This Agreement shall be governed in its enforcement, construction
• and interpretation by the laws of the State of Florida.
10. This Agreement shall not be construed against either party regardless
who is responsible for its drafting.
11. This Agreement may be executed in counterparts, each of which shall
be deemed an original, but all of which together shall constitute one and the same
instrument.
12. Upon request of Village, First Union will execute all documents
reasonably necessary to effectuate the intent and purpose of this agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement on the day
and year first above written.
VIL.
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ATTEST:
By:
,L~~
ILLAGE CLERK
FIRST UNION NATIONAL BANK
OF FLORIDA
By: ' ~ ~ C y~