HomeMy WebLinkAboutR-1999-176t
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RESOLUTION NO. 176-99
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA,
APPROVING THE AGREEMENT WITH THE CITY OF
HOLLYWOOD, LIBERIA ECONOMIC AND SOCIAL
DEVELOPMENT, INCORPORATED AND THE CITY OF DANIA
BEACH PROVIDING INSTALLATION, HOOK-UP AND
CONNECTION OF CERTAIN POTABLE WATER AND
SANITARY SEWER LINES INTO THE CITY OF DANIA
BEACH'S FACILITIES ON A TEMPORARY BASIS; FURTHER,
PROVIDING FOR AN EFFECTIVE DATE.
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
DANIA BEACH, FLORIDA;
Section 1. That that certain Agreement between the City of Hollywood,
Liberia Economic and Social Development, Incorporated and the City of Dania
Beach providing installation, hook-up and connection of certain potable water
and sanitary sewer lines into the City Of Dania Beach's facilities on a temporary
basis, which agreement is attached and made a part of this resolution as Exhibit
"A", is approved and the appropriate city officials are directed to execute same.
Section 2. That all resolutions or parts of resolutions in conflict with this
resolution are repealed to the extent of such conflict.
Section 3. That this resolution shall be in force and take effect
immediately upon its passage and adoption.
PASSED AND ADOPTED ON THE 241" DAY OF AUGUSTj1 9.
R-COMMISSIONER
ATTESI� �/ .
ACTIN CITY C '
APPROVED FOR FORM AND CORRECTNESS:
BY:
ciTYATTibkNtY
RESOLUTION NO. 176-99
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AGREEMENT'
THIS AGREEMENT made this day of_' 1992, among the
CITY OF HOLLYWOOD, a municipal corporation of the ate of orida, hereinafter ,et t t eu ro
as HOLLYWOOD, the CITY OF DANIA BEACH, a municipal corporation of the State of
Florida, hereinafter referred to as DANIA, and LIBERIA ECONOMIC AND SOCIAL
DEVELOPMENT, INCORPORATED, a Florida corporation, hereinafter referred to as
LIBERIA, whose post-office address is 2207 Raleigh Street, Hollywood, FL 33020.
WITNESSETH :
WHEREAS, LIBERIA is presently engaged in plans for the development and
improvement of certain property within HOLLYWOOD, legally described as:
The NE 113 of the following parcel: The East V2 of the SE '/. of the NE '/4 of the NE '/4,
Less the North 192 feet, the South 25 feet and less the East 35 feet thereof,
Section 4,Township 51, South, Range 42 East, Broward County, Florida; And
The North 192 feet of the East '/:of the SE '/. of the NE '/+ of the NE '/<, less the East
35 feet thereof, Section 4, Township 51 South, Range 42 East, Broward County, Florida.
Said land situate, lying and being in the City of Hollywood, Broward County, Florida,
and containing 106,730 square feet or 2.4502 Acres more or less.
WHEREAS, LIBERIA is providing for the installation of certain potable water and
sanitary sever lines to serve the Property, and such potable water and sanitary sewer lines are
ultimately to be connected with and hooked up to certain facilities of HOLLYWOOD, which is
unable at the present time to provide such hook-ups; and
WHEREAS, LIBERIA has requested permission from HOLLYWOOD to hook up to
DANIA'S facilities on a temporary basis;
NOW, THEREFORE, it is hereby agreed and covenanted as follows:
1. HOLLYWOOD hereby grants LIBERIA permission to hook up and connect its
potable water and sanitary sewer lines to DANIA'S lines and manhole(s) located at a point
approved by the City Engineer of HOLLYWOOD (hereinafter referred to as the Engineer).
2. All of the aforesaid work by LIBERIA is to be done upon approval of the plans
and specifications therefor, including materials and design flow, by the Engineer and
HOLLYWOOD'S Director of Public Utilities.
3. All such installation, hook-up and connection, together with all materials and
accessories thereto, are to be done at the sole cost and expense of LIBERIA.
4• Such temporary hook-up shall continue only until such time as HOLLYWOOD has
provided for the installation of its facilities, at which time LIBERIA shall disconnect from
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DANIA'S facilities and connect to HOLLYWOOD'S facilities within 90 days of notification by
HOLLYWOOD of the availability of its facilities.
5. Upon disconnection from DANIA'S facilities and connection to HOLLYWOOD'S
facilities, LIBERIA shall convey, without further consideration, by Absolute Bill of Sale,
whatever portion of said facilities HOLLYWOOD desires to have at that time, together with
necessary easements for repair and maintenance, and LIBERIA shall further pay to
HOLLYWOOD whatever impact or connection fees are assessed for connection at that time and
the regular potable water and sanitary sewer service charges imposed by HOLLYWOOD, as same
may be changed or modified from time to time.
6. LIBERIA shall contract only with HOLLYWOOD for all potable water and
sanitary sewer service.
7• LIBERIA shall solely be responsible for repair, maintenance and upkeep of said
facilities while connected to DANIA'S facilities and shall properly repair and maintain same in
accordance with the standards of HOLLYWOOD'S Public Utilities Department.
8. This agreement shall be recorded by HOLLYWOOD, at the cost of LIBERIA, and
shall be binding on LIBERIA, its successors, assigns, or grantees, and all future owners and
occupants of the Property.
9. DANIA shall make no attempt to expand its service area(s) by virtue of said
temporary connection, nor make any claim of right adverse to that of HOLLYWOOD by virtue of
said temporary hook-up.
10. LIBERIA shall hold harmless HOLLYWOOD from all damage to real or personal
property occasioned or caused by the making of the water and sewer connections herein referred
to, and shall also hold harmless HOLLYWOOD from all damages of any kind, nature or
description which may arise as the result of the making of this agreement.
IL LIBERIA shall not sell, lease or give any right or privilege to utilize its potable
water and sanitary sewer facilities to any other person whose property is outside that described
herein nor allow any such connection, without the written agreement of HOLLYWOOD.
12. HOLLYWOOD reserves to the Engineer the right to decide all questions arising as
to the proper performance of this agreement by HOLLYWOOD and LIBERIA.
13. No officer, employee or agent of HOLLYWOOD has the power to amend, modify
or alter this agreement, waive any of its conditions, or bind HOLLYWOOD by making any
promise or representation not contained herein.
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IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and
year first above written.
ATTEST CITY OF HOLLYWOOD, a municipal corporation
By:
MARA GIULIANTI, MAYOR
PATRICIA A. CERNY, CMC/
CITY CLERK
APPROVED AS TO FORM • LEGALITY
for the use and reliance of the
Citye(Hpflywood, Florida o I :
DANIEL L. ABBOTT, CITY ATTORNEY
C[T F DANIA H
ATTEST:
By: .
—� M - Jo Bertino
7iNr, C Y CLERK
By:
APPROVED AS nTOO FORM&LEGALITY City M e c ael Smith
V `THOMASIJ. 'ATTORNEY
CITY ATTORNEY
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WITNESSES: LIBERIA ECONOMIC AND SOCIAL
DEVELOPMENT, INCORPORATED
l` r L By:PRINT: By:
�JLtS I I,,
PRINT:
e foregoing inst ment wa acknowledged bef�99re me this /Dv day of
199 by L' GR,4lt4 �T��cQ of
ALIBA ECONOMIC AND SOCIAL DEVELOPMENT, INCORPORATED, a Florida
corporation, on behalf of the corporation.
c ,�
Notary Pubrlic�
Print: C{ AS L� � �7N
Commission No.
Personally Known OR Produced Identification NCCHARLENEKAyEdONNSON
Type of Identification Produced MYeomm.e11o,6t90efffaft
comm.N C842169
My commission expires:
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