HomeMy WebLinkAboutResolution No. 1989-39RESOLUTION NO. 89 -39
A RESOLUTION AUTHORIZING THE MAYOR
AND CITY CLERK TO ENTER INTO AN AGREE-
MENT WITH CEVESCO, INC., AND EMIDDIO
MARIANI (ANGEL'S ISLE) FOR PAVING THE
INTERSECTION OF WEST CENTRAL AND
TOWER BOULEVARD; PROVIDING AN EFFEC-
TIVE DATE.
BE IT RESOLVED, by the City Council of
the City of Cape
Canaveral, Florida, as follows:
SECTION 1. The Mayor and the City
Clerk
are hereby author-
ized to execute an agreement with Cevesco,
Inc. and Emiddio
Mariana (Angel's Isle) for paving the
intersection of West
Central and Tower Boulevard.
SECTION 2. This Resolution shall
take
effect immediately
upon its adoption.
ADOPTED BY the City Council of the
City
of Cape Canaveral,
Florida, this 1st day of August
1989.
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Attest:
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NAME
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AGREEMENT
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THIS AGREEMENT is entered into this AQ da,y of 3alp;
1989, by and between CEVESCO, INC. ( "Cevesco "), EMIDDIO W.
MARIANI and LILIAN MARIANI ( "Mariani), and the CITY OF CAPE
CANAVERAL, a municipal corporation ( "Cape Canaveral ").
W_I T N E S S E T H:
WHEREAS, Cevesco and Mariani own property in the City of
Cape Canaveral at the end of Central Boulevard to the west; and
WHEREAS, Cevesco and M,ariani wish to extend Central
Boulevard to the Bains Landing property line in conjunction with
the development of their property. and
WHEREAS, they desire that Cape Canaveral provide, said
extention with the cost to be borne by Ceve sco and Mariani.
NOW, THEREFORE, in consideration of the foregoing, the
parties hereby agree to the :following:
R E C I T A L S:
1. Extention of Central Boulevard. Cape Canaveral hereby
°agrees to provide paving . services to extend Central Boulevard to
the - Bains Landing property line. Cevesco and Mariani hereby
agree to. pay for the costs of the extention, said costs to be
determined by a competitive bid by Cape Canaveral., Cevesc.o and
Mariani further agree to deposit 'with Cape Canaveral, in an
interest bearing escrow account, sufficient funds as, determined
by the competitive bid to pay, for the extention of Central
Boulevard prior to the start of construction.
2. Indemnity and Hold Harmless. Ceve.sco and Mariani
'hereby covenant -and agree to.indemnif.y and hold harmless Cape
Canaveral against. any and all claims, losses; or damages in any
way arising from the construction of the extention upon,their
property including but not limited to reasonable attorney's
fees..
3. Attorney's Fees. - Should any party institute legal
proceedings to enforce the., terms and conditions of this
Agreement, the prevailing party shall be entitled to recover, all
Attachment to
Resolution No. 89 -39
Page 1 of 2
of its reasonable expenses including attorney's fees, costs, and
other expenses reasonably and necessarily incurred, including
any appeal which may be taken.
4. Severability. If a
t.hi-s Agreement is deemed. tor
unenforceable,, that covenant
severable from the remaining
Agreement and will not affect
covenantor agreement provided in
be contrary to law or otherwise
or agreement. will be deemed
covenants and.Agreements in this
the validity, interpretation, or
affect the other provisions of this 'Agreement or the application
of- that covenant or agreement to other - circumstances not
.contrary to law or unenforceable.
5. Benefit. This Agreement shall bind the parties hereto
and each of their legal representatives, successors, heirs,,-and
assigns.
IN WITNESS WHEREOF, the parties have executed this
Agreement on the date first above written:
WITNESSES: CEVE CO, INC.
By:
I I Q
( S E A L)
6 -B •
EMIDDIO W. MARIANI
.,Qi �CQO
ty :01 ef,,k yr
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n,
LILIAN MARIANI
CITY OF CAPE CANAVERAL
By:
M#yoiJ-
Attachment to
Resolution No. 89 -39
Page 1 of 2