HomeMy WebLinkAboutR-1994-081RESOLUTTON NO. B1- e4
A RESOLUTION OF THE CITY OF DANIA, FLORIDA,
APPROVING FIRST AMENDMENT TO ADDENDUM TO LARGE
USER RAW WATER AGREEMENT BETWEEN BROWARD
COUNTY AND CITY OF DANIA; AND PROVIDING FOR AN
EFFECTIVE DATE.
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
DANIA, FLORIDA:
Section 1. That the City Commission of the City of Dania, Florida, hereby
approves First Amendment to Addendum to Large User Raw Water Agreement
Between Broward County and City of Dania, copy of which is attached hereto as
Exhibit'4".
Section 2. That this resolution shall be in force and take effect
immediately upon its passage and adoption.
PASSED andADOPTEDthis toth dayof l4a v , 1994.
ATTEST:YOR-C MISSIONER
CITY CLERK - AUDITOR
APPROVED AS TO FORM AND CORRECTNESS:
Frank C. Adler, City Attorney
Resolution No.s7-94
ar&J C.A/a^-'
FIRST AMENDMENT TO
ADDENDUI,I TO
LARGE USER RAW WATER AGREEMENT
Betsreen
BROWARD COI]NTY
and
CITY OF DANIA
EXHIBIT "A"
This is a First Amendnent to Addendum to Large user Raw waterAgreement made and entered into by and bet$/een: BROWARD COUNTY, apolitica] subdivisi.on of the state of Florida, hereinafter referredto as rr COUNTY , rr
AND
CITY OF DANIA, hereinafter referred to as rrCITy.tl
WHEREAS, COUNTY and CITY previously entered into a Large User
Raw l{ater Agreement ("Agreenentr') and an Addendum to Large User RawWater Agreement (rrAddendum'r) ; and
WHEREAS, Section 1.3 of the Addendum included a provisionobligated CITY to reirnburse coUNTy for !/3 (one-third) of theof construction of welLs 5 and 6, payable upon completion ofconstruction, to cover the expense of oversizing the wells toCITY/S needsl and
thatcost
sa id
meet
WHEREAS, the conpl,etion of the pipeline connecting \.ret1s 5 and6 to CITY,S water treatment plant was not completed as originallyscheduled due to factors beyond both parties, control; and
WHEREAS, CITY is now receiving rar^/ water from well-s 5 and 6;and
WHEREAS, CITY did not have access to water from wells 5 and 6for the length of time anticipated when the Agreement and Addendumwere executed;
NOW, THEREFORE,conditions, proni="s',
COIINTY and CITY agree
in consideration of the mutual terms andcovenants and payhents hereinafter set forth,as f oll-ows :
FIRST AIUENDMENT TO
ADDENDT'M TO
LARGE USER RAW WATER AGREEMENT
Between
BROWARD COUNTY
and
CITY OF DANTA
L Section 1.3 of the Addendumentirety, and replaced with the is hereby stricken in itsfollowing language:
1.3
re THOU
HI]NDRED EIGHTY-STX DOLLARS AND TEN CENTS (54 4 . 686. 10)
re one-ec 10
of wells5and6. Cf shal1 make avment within thirtv
2
(30) davs after aDDroval and execution of thi-s endment.
Except as modified herein, the Agreement and the Addendum
shaLl remain in full- force and effect.
IN WITNESS WHEREOF, the parties have made and executed this
First Anendment to Addendum to Larqe User Raw water Agreement on
the respective dates under each sj-gnature: BRoWARD CoIJNTY through
its BoARo oF coUNTY CoMMISSIoNERS, signing by and through its chair
or Vice
-
day
through
ATTEST :
chair, authorized to execute same by Board action on the
of _ , 1g- , and crrY oF DANTA, signing by and
its , duly authorized to execute same.
COTINTY
BROWARD COUNTY,
BOARD OF COUNTY
through its
COMMTSSIONERS
county Administrator and
Ex-officio clerk ofthe Board of county
Commissioners of Browardcounty, Florida
By Chair
_ day of t9
Approved as to form by
office of county Attorney
Broward county, FLorida
JOHN J. COPELAN, JR., County Attorney
Governmental center, suite 423
115 South Andre$rs Avenue
Fort Lauderdale, Florida 33301
Telephone: (305) 357-7600
Telecopi,er: (305) 357 -7 64]-
},IICHAEL J. KERR
Assistant County AttorneY
By
eest-
-2-
FIRST AI.TENDMENT TO ADDENDUM TO LARGE USER RAW WATER AGREEMENT
BETWEEN BROWARD COUNTY AND CITY OF DANIA
CITY
WITNESSES:CITY OF DANIA
By Mayor-commissioner
_ day of
ATTEST :
city Manager
c ity cl,erk
_ day of
19_.
19_.
( CORPORATE SEAL)
APPROVED AS TO FORM:
city Attorney
MJK/ eb
DANTA . AO 104/08/e4
#90-L7 0 . 03
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By
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