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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. r~ U ATTEST: By: ,L~~ ILLAGE CLERK FIRST UNION NATIONAL BANK OF FLORIDA By: ' ~ ~ C y~