HomeMy WebLinkAboutR-1994-136RESOLUTION NO. 136-94
A RESOLUTION OF THE CITY OF DANIA, FLORIDA,
APPROVING MUTUAL TERMINATION AGREEMENT
BETWEEN BROWARD COUNTY AND CITY OF DANIA
RELATING TO THE INTERLOCAL AGREEMENT PROVIDING
FOR FIRE PROTECTION IN CERTAIN ANNEXED AREAS OF
THE CITY; AND PROVIDING FOR AN EFFECTIVE DATE.
BE IT RESOLVED BY THE CITY COMMISSION OF THE CIry OF DANIA,
FLORIDA;
Section 1. That that certain Mutual Termination Agreement Between Broward
County and the City of Dania Relating to the lnterlocal Agreement Providing for Fire
Protection in Certain Annexed Areas of the City, a copy of which is attached hereto and
made a part hereof as Exhibit "A", be and the same is hereby approved and the
appropriate city officials are hereby directed to execute same.
Section 2. That this resolution shall be in force and take effect immediately
upon its passage and adoption.
PASSEDandADOpTEDonthis 27th dayof September, 1994.
Mayor - Commi toner
ATTEST
*/4/-4/
ity Clerk - Auditor
APPROVED AS TO FORM & CORRECTNESS
By
Frank C. Adler, City Attorney
Resolution No.136-94
l,{utua1 Terrnination Agreenent
Between
BROWARD COUNTY
and
THE CTTY OF DANIA
Relating to
The Interlocal Agreement Providing for FireProtect i on n Certain Annexed Areas of the Citv
EXHIBIT "A"
MutuaL Termination Aqreement
Between
BROWARD COUN?Y
and
THE CITY OF DANTA
Relating to
Agreement Providing for Fire
e
and are incorporated
The Interlocal
e
This Mutual
subdi-vis i on oftrCoUNTYtr), and tState of Florida
The aboveherein as
recitals areif set forth
e
true and correctin fuLl herein.
Te,rmination Agreement is nade this _ day of, .L994, by and between BRoWARD couNry,----politicalthe state of Florida (hereinafter ca11ed thehe CITY OF DANIA, a nunicipal corporation of the(hereinafter ca11ed the trCITytr) .
- WHEREAS, couNTy and crry entered into an rnterrocal Asreenentdated January 2, rggo, as amended,, providing for fire pr-t"liion tobe provided by the coUNTy in certai-n annexei areas of ihe C:tv; ana
- WHEREAS, the lnterlocal .Agreenent provi.des for an expirationdate-of Decernber 31, 1995, with an autoiratic right of ren'ewaI roran^additional five (5). year period, unless eithef party gives sixty(50) days advance notice of its intent not to reri"w; -arid
IiHEREAS, CITY notified COITNTY of its belief that theInt.er1oca1. Agreenent contains a scrivener,s error in paragraph 6,in that, the parties originally intended for the iniiiat term ofthe .Interlocal Agreement to be for a five (5) year periodEerla].natl_ng on Decernber 3]-, :-994, not December 31, 1995, ascurrently referenced in the Interlocal Agreement; and
. WHEREAS I COUNTY and CITy have nutually agreed to enter intothis Mutual Termination Agreeaent in ordlr io provide for anearlier termination date of December 31, 1994, ;ith no renewalperiod; NOw, THEREFORE,
IN CONSfDSRATION of the mutua] covenants, promises, terms andconditj,ons set forth herein, COUNTY and CITi -do hereby agree asfollows:
1
2 The Interlocal Agireenent between COUNTY and cITy providing forfire protection in certain annexed areas ot CITY willterninate on December 31/ 1994, subject to CITY,s paymentobligations for calendar year 1994 as set forth below-. -
3 The parties agree that CITY,S paynents to COUNTY for fireservices rendered under the Interlocal Agreement have beenmade in arrears. Nothlrithstanding termination of thefnterlocal Agreehent on December 31. 1994, CITY is obligatedto pay coUNTY pursuant to the terms of the Interl,ocalAgreement for fire services performed by CoUNTy duringcaLendar year 1994.
Except as provided for herein, all terrns and conditions of theInterlocaL Agreement shalL remain in fu11 force and effect.
IN WITNESS I"THEREOF, the parties have rnade and executed thislilutual Termination Agreenent on the respective dates under each
s j.gnature: BROWAX,D COUNTy through its BOARD OF COIINTY COWIS-
SIONERS, signing by and through its Chair or Vice Chair, authorj.zedto execute same by Board action on the day of
4
, L9- t and the CITY oF DANIA, signing
, duly authorized to execute same.by and through its Mayor
ATTEST:
County Adninistrator andEx-officio clerk ofthe Board of County
Commissi.oners of Browardcounty, FLorida
COUNTY
BROWARD COUNTY,
BOARD OT COUNTY
through its
COMMISSIONERS
By
Cha ir
dav of 10
Approved as to form byOffice of County Attorney
Broward County, Florida
JOIIN J. COPEI,AN, JR., County Attorney
Governrflental, Center, Suite 423
115 South Andrews AvenueFort Lauderdale, Florida 33301Telephone: (305) 357-7500Telecopier: (305) 357 -7 641
PATRI CE },I . EI CHENAssistant County Attorney
By
CITY
Cr?Y OF DANIA, ELORTDA
By:
MUTUAI, TERMINATION AGREEMENT BETWEEN BROWARD COUN?Y AND THE CITYOF DANIA RET,ATING TO THE IN?ERLOCAI, AGREEUENT PNOVTOTTC TONFTRE PROTECTTON SERVTCES IN CERTATN ANNEXED ASEAS OF THE CITY
l,T!.FFC.F -
Mayor - C omma s s 10ner
city clerk
(coRPoR.e,TE SEAL)
C .tty Manager
By:
Dated this _ day of September,7994.
APPROVED AS 8O FORI.I:
city Attornet
P!{E; ebdania- A01
9 lt/e4,94-59.01