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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 - /�.' 9� - / / (a I* 10 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 0 I* # CTIO N 146- 1. op POINT c 0 mil 2"G.S.P Servi Tp; r t By I c7om 10 WASTE V E�� FLO -METER i TEE, PLUG VkYE 1 101 "c1p FOR PL. A.— pwp SEE SH "-900BEIN A. X, OBEW r�,- 45 /50, w . It AA 6&?45* BE cr ,;r- FCO DETAILS `SE��.SHFEET BP -I J. 1! Tk A, 10D .1 , . 4� J� ". .0 W u LL w L > ix CONNECT TO rt T- xlj� AIR RELIEF "HOLE c/) w a VALVE In e,FO=E MAIN C 'TEE Lu R. � ".1 F 0 :777: 6"PLUG VA W I( At', J.0 41-� 1 10 z 4 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"