HomeMy WebLinkAboutCity of Tamarac Resolution R-86-116Introduced by rltl Temp. Reso. #4021
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-86- 1,Y
A RESOLUTION AUTHORIZING THE PROPER CITY
OFFICIALS TO EXECUTE A SECOND AMENDMENT
TO THE LARGE USER WASTEWATER AGREEMENT
WITH THE CITY OF FORT LAUDERDALE; AND
PROVIDING_AN EFFECTIVE DATE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
TAMARAC, FLORIDA:
SECTION 1: That the proper City officials are hereby
authorized to execute a Second Amendment to the Large User
Wastewater Agreement with the City of Fort Lauderdale in
order to clarify the "Point of Connection" and to establish
that the City of Tamarac shall own, operate and maintain the
Tamarac Pumping Station.
BECTION 2: This Resolution shall become effective upon
adoption.
PASSED, ADOPTED AND APPROVED this day of ,
1986.
ATTEST:
CITY CLERK
I HERESY CERTIFY that I have
approve he form and correct-
ness aT this Resat ution.
CITY AKTORNEY
MAYOR
RECORD OF COUNCIL VOTE
MAYOR:
HART
DIST. 1:
C/W MASSARO
DIST. 2:
C/M STELZER
DIST. 3:
C/M GOTTES MAN
DIST. 4:
V/M STEIN
g -Y6 - // (12
SECOND AMENDMENT TO LARGE USER WASTEWATER AGREEMENT
13 TT W E _EN
CITY OF FORT LAUDEFD-ALE AND CITY OF TAMARAC
THI� IS AN AMENDMENT TO A LARGE bSER WASTEWATER AGREEMENT,
made and entered into this day of 1985,
by and between:
CITY OF FORT LAUDERDALE, a Municipality of the
State of Florida, hereinafter referred to as
"CITY". which term shall include its
successors and assigns,
and
CITY OF TAMARAC, a Municipality of the State
of Florida, hereinafter referred to as
"CUSTOMER". which term shall include its
successors and assigns.
WITNESSETH:
WHEREAS, CITY.and CUSTOMER entered into a Large User Waste-
water Agreement on April 20, 1982; and
WHEREAS, said Agreement was amended on April 20, 1982, to
provide for a method of allocating available flow capacity to all
large users within the Central Wastewater Region; and
WHEREASI, CITY and CUSTOMER wish to further amend said
Agreement to clarify the point of connection to the wastewater
system of the CITY and establish that the City of Tamarac shall own,
operate and maintain the Tamarac Pumping Station;
NOW, THEREFORE, CITY and CUSTOMER agree as follows:
1. Paragraph 2.4 of said Agreement is deleted and in its place
the following is substituted:
2.4. "CUSTOMER'S SYSTEM"
This term shall mean the CUSTOMER's wastewater
system including gravity sewers, manholes,
laterals, lift stations, pumping stations,,force
mains and appurtenances thereto upstream of the
POINT OF CONNECTION to the CITY system. This term
specifically includes but is not limited to the
Tamarac Pumping Station. CUSTOMER (upon execution
of this Second Amendment), assumes ownership of the
Tamarac Pumping Station as evidenced and described
in the Bill of Sale from the CITY to the CUSTOMER
attached hereto and made a part hereof as Exhibit
No. 1. All costs and expenses of any kind
associated with the operation and maintenance of
the Tamarac Pumping Station shall be borne by the
CUSTOMER.
-10 2. Paragraph 3.1 of said Agreement is amended by deleting the
Appendix 1C11 attached to the Agreement and substituting in its place
a Revised Appendix "C" which is attached to and made a part of this
Second Amendment to Large User Wastewater Agreement.
3. Paragraph 3.1 of said Agreement is further amended to read
as follows:
.* N
tp, � 96,11 - // (1(17
3.1 POINT OF CONNECTION
The POINT OF CONNECTION shall be as depicted in
Revised Appendix C.
4. paragraph 7.3 of said Agreement is deleted and in its place
the following is substituted:
7.3 INDEMNIFICATION AND HOLD HARMLESS CLAUSE
The parties hereto specifically agree and understand
Is that all terms, promises, covenants, conditions and
contractual obligations contained in this Agreement
and the transfer of ownership of the Tamarac Pumping
Station to CUSTOMER are sufficient consideration for
the Indemnification provisions contained herein.
CUSTOMER and CITY agree that, if either is guilty of
violating any of the provisions of this Agreement,
the guilty party shall become liable to the other
party for any expense, loss, or damage occasioned by
reason of such violation, provided, however, any
payment by CITY to CUSTOMER or CUSTOMER to CITY for a
violation of any provision of this Agreement shall be
from such source other than revenues pledged to bond
holders,- as may be legally available to CITY or
CUSTOMER respectively.
CUSTOMER agrees to hold and save harmless CITY from
costs and expenses incurred by CUSTOMER or CITY in
any litigation to which CUSTOMER or CITY may become a
party, as either plaintiff or defendant, resulting
from the effects of the improper introduction of
materials by CUSTOMER or any users of CUSTOMER'S
collection system into the CITY facilities, or any
portion thereof, which may cause damage within or
without the CITY system.
CUSTOMER agrees to indemnify and hold harmless the
CITY for all costs, losses and expenses, including
but not limited to, damages to persons or property,
including but not limited to judgments and attorneys'
fees, arising out of and in connection with the
transfer of ownership of the Tamarac Pumping Station
from CITY TO CUSTOMER; if called upon by CITY,
CUSTOMER shall assume and defend not only itself but
also CITY in connection with any suit or cause of
action arising from said transfer, and such defense
shall be at no cost or expense whatsoever to CITY.
The covenants and representations relating to this
indemnification provision shall survive the term of
this Agreement and continue in full force and effect
as to CUSTOMER's responsibility to indemnify CITY.
S. That except as modified herein and in the First Amendment
to Agreement, said Agreement entered into by and between CITY and
CUSTOMER shall remain in full force and effect.
6. This Second Amendment is made a part of said Agreement.
7. The effective date of the Second Amendment shall be the
date when it has been executed by both parties hereto.
1369E - 2 -
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IN WITNESS WHEREOF, the parties hereto have made and exe-
cuted this Agreement on the respective d - ates under each signature.
CITY OF FORT LAUDERDALE through its CITY COMMlSSION, signing by and
through its Mayor, authorized to execute same by Commission action
on the day of 2 19 . and CITY OF TAMARAC
signing by and through its Mayor of the City Council duly authorized
to execute same.
WITNESSES:
(CORPORATE SEAL)
WITNESSES:
(CORPORATE SEAL)
1369E
CITY OF FORT LAUDERDALE
By
Mayor
By_
City Manager
ATTEST:
City Clerk
Approved as to form:
City Attorney
CITY OF TAMARAC
By
By
A-�TES .
City Clerk
Appr as t rm:
Ty A�ornCy
- 3 -
E211"HIBIT I - Page 1 of 2
BILL OF SALE ABSOLUTE
KNOW ALL MEN BTTHESE PRESENTS, That the CITY OF FORT LAUDERDALE, a
municipal corporation of the State of Florida, 100 North Andrews
Avenue, Fort Lauderdale, Florida, in the County of Broward and State
of Florida, party of the first part, for and in consideration of the
sum of Ten Dollars ($10.00), lawful money of the United States, paid
to it by the CITY OF TAMARAC, a municipal corporation of the State
of Florida, S811 Northwest 88th Avenue, Tamarac, Florida, party of
is the second part, the receipt whereof is hereby acknowledged, has
granted, bargained, sold, transferred and delivered and by these
presents does grant, bargain, sell, transfer and deliver unto the
said party of the second part, its successors and assigns, the
following goods and chattels:
All of the sewage collection system improvements
known as the Tamarac City Pumping -Station, together
with all the appurtenances attached thereto, located
located on the land described in the documents
titled "Description of Tamarac City Pumping Station",
and "Pumping Systems Location Plan Tamarac City
Pumping Station" prepared by Williams, Hatfield and
Stoner, Inc., Job 1431-2, Sheet TC-L 1/3, dated
3/14/77, both documents being attached hereto and
made a part hereof as Composite Exhibit "A".
TO HAVE AND TO HOLD the same unto the said party of the second part,
itc mirrensors and assians forever.
IN WITNESS WHEREOF9 We have hereunto set our hands and seals this
day of one thousand nine hundred and
eighty-five.
Signed, sealed and delivered
in the presence of us:
(CORPORATE SEAL)
CITY OF FORT LAUDERDALE, a
municipal corporation of the
State of Florida
Mayor
City Manager
ATTEST:
City Clerk
Approved as to form:
City Attorney
STATE OF FLORIDA:
COUNTY OF BROWARD:
BEFORE ME, an officer duly authorized by law to administer
oaths and take acknowledgments, personally appeared ROBERT A.
DRESSLER, CONSTANCE W. HOFFMANN and KRIS L. ANDERSON, Mayor, City
Manager and City Clerk, respectively, of the City of Fort Lauder-
dale, Florida, a municipal corporation of Florida, and acknowledged
they executed the foregoing Bill of Sale Absolute as the proper
officials of the City of Fort Lauderdale, and the same is the act
and deed of the City of Fort Lauderdale.
IN WITNESS OF THE FOREGOING, I have set my band and offi-
cial seal at Fort Lauderdale, in the State and County aforesaid
on 19
(SEAL) Notary Vublic
My Commission Expires:
137 OE
jC-j6-H&7
T_
EXHIRIT "I" - Page 2 of 2
DESCRIPTI N OF TAMARAC '."ry POP TNG STATION
The east 50' of the north 75' of Parcel "A" as
described in Tamarac Industrial Park, a sub-
division in the northeast h of Section 17,
Township 49 south, Range 42E, C:ity of Tamarac,
Broward County, Florida, as recorded in
Broward County, Plat Book 63, page 26.
Tamarac City
pumping Station
go
lop
rAMARAC
LOCATION SKETCH
Page 1 of 2
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PUMPING SYSTEMS
LOCATION PLAN
TION
TAMARAC CITY PUMPING STA
WILLIAMS, HATFIELD & STONER# INC.
CIVIL INGINIIIIIS . LAND SURVIEVORI
4v. * 2312 WILTot4 DRIVE FT. LAUDERDALE, FLA.
G STATIONS
NORTHERN' INTERCEPTOR Ek PUMPIN
Fer
CITY OF FORT LAUDERDALE, FLORIDA
Design A.L.H. SCALE: I" - 20' joB 14 31- 2
Drawn bv C.CT
C1,ecked A.A.A. DATE 3-14-77 TC—LI
-SIONS
REVISED APPENDIX "C"