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Home My WebLink AboutR-1992-037 0 RESOLUTION NO. 37-92 k A RESOLUTION OF THE CITY OF DANIA, FLORIDA APPROVING THE TRANSFER STATION WAIVER AGREEMENT BETWEEN THE CITIES OF DANIA, HALLANDALE, PEMBROKE PINES AND POMPANO BEACH, , AND REUTER RECYCLING OF FLORIDA, INC. ; AND ' PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA, j FLORIDA: Section 1 . That that certain Transfer Station Waiver Agreement between the Cities of Dania, Hallandale, Pembroke Pines s and Pompano Beach and Reuter Recycling of Florida, Inc. , 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 directed to execute same. Section 2 . That this resolution shall be in force and take effect immediately upon its passage and adoption. PASSED and ADOPTED on this 10th day of March , 1992. YOR-CO SSIONER ATTEST: f . CITY CLERK-AUDITOR APPROVED AS TO FORM AND CORRECTNESS FRANK C. ADLER, City Attorney (i r Resolution No. 37-92 (` 4. 4 }: n r TRANSFER STATION WAIVER AGREEMENT THIS TRANSFER STATIOti WAIVER AGREEMENT ( "Agreement") 'is executed as of this ith day of Fdhriilr - 1992 , by the municipalities of DANIA, HALLANDALE, PEMBROKE PINES and POMPANO BEACH, each of which is an existing municipal corporation organized under the laws of the state of Florida (collectively the "Cities" or individually a "City") , in favor of REUTER RECYCLING OF FLORIDA, I INC. , a Florida corporation ("RRF") . RECITALS A. RRF and the Cities have entered into a Solid Waste Disposal Agreement dated August 19 , 1938 , as amended (the "Disposal Agreement") , providing for the disposal of the Cities' municipal solid waste at a non-burn resource recovery and composting facility that has been constructed by RRF in Pembroke Pines, Florida (the "Facility") . B. Section 3 .4 of the Disposal Agreement provides that C RRF shall , as part of its resource recovery system, operate one. � transfer station within the City of Pompano Beach ( "Transfer Station") which will accept waste for transfer to the Facility. As of the date hereof RRF has not constructed or leased a Transfer ' Station and, proposes that the Cities consent to an alternative method of providing for the transfer and hauling of municipal solid waste ( 11MSW11 ) . The Cities are willing to grant such consent, subject to the terms and conditions hereof. ^" 1 NOW, THEREFORE, the parties hereto agree as follows: SECTION 1 . CONSENT TO ALTERNATIVE HAULING AND ! DISPOSAL METHOD. RRF has advised the Cities that it has negotiated an agreement with Central Sanitary Landfill and Recycling Center, a � .:. . division of Waste Management, Inc. of Florida ("WMI") for the transfer and hauling to the Facility of MSW generated within Pompano Beach. The proposed agreement would eliminate the need for RRF to itself operate a Transfer Station within Pompano Beach as part of its resource recovery system. The Cities hereby consent to RRF ' s execution of said agreement with WMI and waive the requirement in the Disposal Agreement that RRF operate a Transfer Station within the City of Pompano Beach. EXHIBIT "A„ L r77 SF.CTI017 2_ ;•?ISCFL'ANFOUS - (a) 6areement Remains in Force. Except as modified herein , tha Disposal Agreement shall remain in full force and effect. Ix(b) Counterparts. �. � ? • This Agreement may, be executed in any number of Y counterparts, each of which when so executed and delivered shall be deemed to be an original, bl-t all such counterparts together shall constitute but one and the same instrument. x � (c) Governing Law• Successors and Assigns. s This Agreement shall be governed by and construed in accordance with the laws of the state of Florida and i shall be binding on and inure to the benefit of RRF, the Cities, US West Financial Services , Inc. (as assignee of the Disposal I•• Agreement) and their respective successors and assigns. (d) RRF hereby agrees to pay to the City of Pompano Beach on an annual basis no later than April lst of each year, a sum of money which is equivalent to the tax revenues which the City of Pompano Beach would have received had the Transfer Station been located within the city limits of Pompano Beach. The initial payment as provided for above shall be made to the City of Pompano Beach no later than April 1, 1992, and shall be based on the tax revenues that would have been due for the year 1991 had the plant been located within the city limits and shall continue in this manner from year to year while this Agreement is in effect. i n the event the value of the Transfer Station is not available from annual Brow taxable County Revenue Collector or other appropriate governmental agency, then the parties agree that an independent appraiser, agreeable to both parties, shall be utilized to determine the taxable value of the property. The cost of such appraiser shall be borne by RRF in its entirety. • WITNESSES: REUTER RECYCLING OF FLORIDA, INC. By 2A.w_.r A.) � L -2_ ru .. . '•-'i.Cs31. ."I2i:a'f W.'�-?L.a�.M_�,•�.'•.+.�T�.--_.___r---_r_._�._.� �.. C=TO!I ?_ •dTGCFT.'._11F.0US " 1 • ` (a) Agr event Remains in Force . ' Except as modified herein , thQ Disposal Agreement shall remain in full force and effect. ( ' (b) Counterparts. This Agreement may. be executed in any number of counterparts, each of which when so executed and delivered shall be deemed to be an original , but all such counterparts together shall constitute but one and the same instrument. A j (c) Governing Law: Successor and Assigns. This Agreement shall be governed by and construed in accordance with the laws of the state of Florida and 3 shall be binding on and inure to the benefit of RRF, the Cities, US West Financial Services , Inc . ( as assignee of the Disposal Agreement) and their respective successors and assigns. (d) RRF hereby agrees to pay to the City of Pompano Beach on an annual basis no later than April 1st of each year, a sum of money which is equivalent to the tax revenues which the City of Pompano Beach would have received had the Transfer Station been located within the city limits of Pompano Beach. The initial payment as provided for above shall jbe made to the City of Pompano Beach no later than April 1, 1992, and shall be based on the tax revenues that would have been due for the year 1991 had the plant been located within the city limits and shall continue in this manner from year to year while this Agreement is in effect. In the event the annual taxable value of the f Transfer Station is not available from the Broward County Revenue o Collector or other appropriate governmental agency , then the parties agree that an independent appraiser, agreeable to both f parties, shall be utilized to determine the taxable value of the L property. The cost of such appraiser shall be borne by RRF in its entirety. WITNESSES : REUTER RECYCLING OF FLORIDA, INC. By -2- `4 } STATF. OF FLORIDA ' COUNTY OF L'RO'HARD: i I I The foregoing instrument was acknowledged before me this I8 day of FEBRUFIRU -UTER RECYCLING OF FLORIDA, INC. , a Florida corporation, on behalf of the corporation. He is personally known to me, or has produced (type of identification) as identification, and he did/did not take an oath. `rntte 4 i NOTA PUBLIC,--STATE OF FLORIDA s;,� •,- j (Signature of the Notary ; Taking Acknowledgment) c j NOTARY 'S SEAL: �, 3 MRRQIE L. RpsenkkoJ (Name of Acknowledger Typed, Printed or Stamped) 4 (Commission Number) CITY OF DANIA I")LIc S^.A:S CC' FTITUDA •: ::X'i'. i.C:. 9 ,39:5 A:::CLD SdriU CLCF�2L'. 5:.5. U:ID. By MAYOR ATTEST: Bv_ CITY MANAGER CITY CLERK R APPROVED AS TO FORM AND CORRECTNESS: I ' CITY ATTORNEY -3- STATE OF FLORIDA COUNTY OF BROWARD The foregoing instrument was acknowledged before me on this day of 1992 , by f` , and Mayor, City Manager, and City Clerk, respectively, of the CITY OF DANIA, a Florida municipal corporation, on behalf of the , municipal corporation . They are personally known to me , or have produced (type of identification) as identification, and they did/did not take an oath. 4. NOTARY PUBLIC, STATE OF FLORIDA (Signature of the Notary j Taking Acknowledgment) NOTARY'S SEAL: E' (Name of Acknowledger Typed, !p, Printed or Stamped) (Commission Number) CITY OF HALLENDALE i By MAYOR ATTEST: By. CITY MANAGER CITY CLERK APPROVED AS TO FORM G " AND CORRECTNESS: I I> i ,- CITY ATTORNEY _4- Imo' STATE OF FLORIDA f COUNTY OF BROWARD : The foregoing instrument was acknowledged before me on day of 1992 , by this ,and Mayor, City Manager, and City Clerk, respectively, of the CITY OF HALLENDALE , a Florida municipal corporation, on behalf of the municipal corporation. They are personally known to me, or have produced (type of identification) as identification, and they did/did not take an oath. NOTARY PUBLIC, STATE OF FLORIDA (Signature of the Notary i Taking Acknowledgment) NOTARY 'S SEAL: (Name of Acknowledger Typed, Printed or Stamped) w." is I'. (Commission Number) CITY OF PEMBROKE PINES By MAYOR By 1CITY MANAGER ATTEST: By FINANCE DIRECTOR J is CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: CITY ATTORNEY -5- , �as .. .. _. ..__ _...._._..�..._..,-^---, .....w •-:-...-,.7�' T....�.;",'�' sir ram..., y va .:3 , '+.;; �i�, !.,(.,`']K'� r�:.;y",Y�. STATE OF FLORIDA COUNTY OF BROWARD i The foregoing instrument was acknowledged before me on this day of 1992 , by and Mayor, City Manager, Finance Director and City Clerk, respectively, of the CITY OF PEMBROKE PINES, a Florida municipal corporation , on behalf of the municipal corporation . They are personally known to me , or have prorlucnd (type of identification) as identification, and they did/did not take an oath. NOTARY PUBLIC, STATE OF FLORIDA (Signature of the Notary Taking Acknowledgment) NOTARY'S SEAL: : f (Name of Acknowledger Typed, Printed or Stamped) r , (Commission Number) CITY OF POMPANO BEACH By NATHAN N. BRAVERMAN, MAYOR I a ATTEST: BYROY P\ STYPE, C dANAGER MAI CH IBERS ACTING CITY CLERK t - APPROVED AS TO FORM SR CORRECTNESS: ON V. ELEG L CITY ATTORNEY -6- STATE OF FLORIDA COUNI"Y OF BROWARD he foregoing instrument was acknowledged before me on this �}=� day of -CL T�QUAtt\( , 199C, by NATHAN N. BRAVERMAN , as Mayor of the City of Pompano Beach, a Florida y municipal corporation, on behalf of the municipal corporation. He is personally known to me, (-ty{aa-0f—idertt-r ea�ivn}—as�derthitiration, and he did not take an oath . NOTARY PUBLI STATE OF FLORIDA (Signature of the Notary Takin ]Acknowledgment) JQ NOTARY ' S SEAL: (Name of Acknowledger Typed, Printed or Stamped) . U• r � e C 0438 (Commission Number) NOTARY PUBLIC STATE OF FTAmDA •}^v' STATE OF FLORIDA MY CO.LMMON FXP.DF"C.21.1 DVS COUNTY OF BROWARD : BowFn ntxu cF1aFxAL[.tis.L•ND. ''•:x.. . :. ;,:r,qs, T foregoing instrument was acknowledged before me on this " �T day of -f-t:6tWr44Z4 , 1992 , by ROY P. STYPE, as City Manager of the City of Pompano Beach, a Florida municipal corporation , on behalf of the municipal corporation . He is personally known to me, or�p duped- — ( enti-f-ica�oFa, and he did not take an oath. NOTkRY PUBL , 9TATE OF FDOFQDA (Signature of the Notary Taking Acknowledgment) NOTARY'S SEAL: i (Name of Acknowledger Typed, Printed or Stamped) (Commission Number) —7 t NOTARY PUBLIC STATE OF FLORMA Ml'Co\L•ASSION FXP.DFC.21.1 W5 BONDED T119U CENF1tAL L`:5. UND .-. n !e �+"4 �'a".w^�-;w�-c .�'r_ � o�'•'t� . j g t -,j STATE OF FLORIDA COUNTY OF BROWARD The foregoing inztrument was acknowledged before ne on this " day ' f tt3��L'r}rZ`i 1992 , by• MARY CHAMBERS, as Acting City Clerk of the City of Pompano Beach, a Florida municipal corporation, on behalf of the municipal corporation. She is personally known to me, (Ly+FQ-,Q,"-dentA44—Gat4-&n)-az-i4ent-1442at4orr, and she did not take an ; oath. � i NOTAR PUBLIC S AT OF FLORID" (Signature of the Notary Taking Acknowledgment) NOTARY 'S SEAL: CY (Name of Acknowledger Typed, Printed or Stamped) . ,a 1 (Commission Number) Y NorARY PUBLIC STATE of FLORIDA ntt CouwSMON PxP DEC 21,1995 BOwan'nmU CENFxnL INS.L D. C/AGREE 92-754 "7 4 ' In t1 �I gn -g- viT.. -�njA'r4T•i.T�e�L "�.xTl�i`�Z.��j SiF.^�•^'Pf:t?.i�:'r �� I i yr• l 1 I i-� a i 1 4'. �VR.'� J t. ..., .:1 ..: 'i -�JI'i .r ci-._.Mccl' Frn'a.�A'r�'...w. , •�Y"V'r^�i.y T '�!�.4:v��r�-f1�bi�l t^R\I.'s.F:.. 1p4� t