HomeMy WebLinkAboutR-1999-343 Agreement for Temporary Sewage Collection Services by the City of HollywoodI�NNNNNNN�NNNINNNNINN �
RESOLUTION NO. -'7 'I - 3 43
#28
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF HOLLYWOOD, FLORIDA
AUTHORIZING THE APPROPRIATE CITY
OFFICIALS TO EXECUTE THE ATTACHED
AGREEMENT AMONG CITY OF DANIA BEACH,
JOAN LETO, TRUSTEE, LETO BROTHERS FAMILY
PARTNERSHIP, MOTIVA ENTERPRISES, LLC, AND
THE CITY OF HOLLYWOOD FOR TEMPORARY
SEWAGE COLLECTION SERVICES BY THE CITY
OF HOLLYWOOD TO PROPERTIES OWNED BY
JOAN LETO, TRUSTEE, LETO BROTHERS FAMILY
PARTNERSHIP, AND MOTIVA ENTERPRISES, LLC
WITHIN THE CITY OF DANIA BEACH.
INISTR # 99659629
OR BK 29978 PG 15SO
REWRM 10/29/1999 11:16 RII
WMIISSION
BR{NIRO CO NTY
MTM CLERK 1043
WHEREAS, properties (the "Properties") owned by Joan Leto, Trustee,
Leto Brothers Family Partnership, and Motiva Enterprises LLC are located within the City
of Dania Beach adjacent to the City of Hollywood; and
WHEREAS, the City of Dania Beach does not have a sewage collection
system available to the Properties; and
WHEREAS, the City of Hollywood has available sewage collection facilities
close to the Properties; and
WHEREAS, subject to the approval of the Dania Beach and Hollywood City
Commissions, the Cities of Dania Beach and Hollywood have agreed that Hollywood
would provide sewage service to the Properties until such time as sewage collection
service is available from Dania Beach; and
WHEREAS, the Public Utilities Director recommends approval of execution,
by the appropriate City officials, of the proposed attached agreement among the City of
Dania Beach, Joan Leto, Trustee, Leto Brothers Family Partnership, Motiva Enterprises,
LLC and the City of Hollywood.
6k
OR BK 2997a PG 15a1
RESOLUTION NO. 97-99
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA,
AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE
AN AGREEMENT AMONG THE CITY OF DANIA BEACH, CITY OF
HOLLYWOOD, JOAN LETO, TRUSTEE, AND MOTIVA
ENTERPRISES, LLC FOR THE INSTALLATION OF CERTAIN
SANITARY SEWER LINES; PROVIDING THAT ALL RESOLUTIONS
OR PARTS OF RESOLUTIONS IN CONFLICT WITH THIS
RESOLUTION ARE REPEALED TO THE EXTENT OF SUCH
CONFLICT; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH,
FLORIDA:
Section 1. That certain agreement among the City of Dania Beach, City of
Hollywood, Joan Leto, Trustee, and Motiva Enterprises, LLC for installation of certain
sanitary sewer lines, in substantial form as Exhibit "A", attached, is approved and the
appropriate City Officials are authorized to execute it.
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 ADOPTFD this 251^ (1aV MAV 1 qqq
ATTESTyG���C�i%���
SHER LCHA MAN
ACTING CITY CLERK
APPROVED AS TO FORM AND CORRECTNESS:
By:
_ /� �fl/(A, (\ - JA
T OMAS J. NS R
CITY ATTORNEY
ROLL CALL:
MAYOR BERTINO - YES
VICE -MAYOR McELYEA -YES
COMMISSIONER ETLING -YES
COMMISSIONER MIKES —YES
RESOLUTIONS 97-99
OR BK 29978 PG,1582� ,i
AGREEMENT
THIS AGREEMENT made this4!Z-day of 1991, among the CITY OF
HOLLYWOOD (hereinafter referred to as HOLLa municipal corporation of the State of
Florida, the CITY OF DANIA BEACH (hereinafter referred to as "DANIA BEACH"), a municipal
corporation of the State of Florida, JOAN LETO, TRUSTEE (hereinafter referred to as "TRUSTEE"),
whose post -office address is 5121 Jackson St., Hollywood, FL 33021, LETO BROTHERS FAMILY
PARTNERSHIP (hereinafter referred to as "LETO"), whose post -office address is 3100 Stirling Rd.,
Hollywood, FL 33021, and MOTIVA ENTERPRISES, LLC. (hereinafter referred to as "MOTIVA"),
whose post -office address is 12700 Northborough, NOB 100, Houston, TX 77067.
WITNESSETH:
WHEREAS, TRUSTEE LETO and MOTIVA are presently engaged in plans for the
development and improvement of certain properties within DANIA BEACH, legally described as:
See Exhibit A attached hereto and incorporated herein
(hereinafter referred to as the "Properties");
WHEREAS, TRUSTEE, LETO and MOTIVA are providing for the installation of certain sanitary
sewer lines to serve the Properties, and such sewer lines are ultimately to be connected with and
hooked up to certain facilities in DANIA BEACH, which is unable at the present time to provide such
hook-up, and
WHEREAS, TRUSTEE, LETO and MOTIVA have requested permission from DANIA BEACH
to hook up to HOLLYWOOD'S facilities on a temporary basis;
NOW, THEREFORE, it is hereby agreed and covenanted as follows:
I . DANIA BEACH hereby grants TRUSTEE, LETO and MOTIVA permission to hook up
and connect their sanitary sewer lines to one or more HOLLYWOOD manholes located at a
point approved by HOLLYWOOD.
2. All of the aforesaid work by TRUSTEE, LETO and MOTIVA is to be done upon approval
of plans and specifications therefor, including materials and design flow, by HOLLYWOOD and
DANIA BEACH.
3. All such installations, hook-ups and connections, together with all materials and
accessories thereto, are to be done at the sole cost and expense of TRUSTEE, LETO and
MOTIVA. In addition to all other costs and expenses associated therewith, TRUSTEE, LETO
and MOTIVA shall pay to HOLLYWOOD all sewer reserve capacity charges provided in
HOLLYWOOD'S Code of Ordinances.
4. Such temporary hook-up shall continue only until such time as DANIA BEACH has
provided for the installation of its facilities, at which time TRUSTEE, LETO and MOTIVA shall
disconnect from HOLLYWOOD'S facilities and connect to DANIA BEACH'S facilities within 90
days of notification by DANIA BEACH of the availability of its facilities.
F
OR BK 29978 PG 1583
5. Upon disconnection from HOLLYWOOD'S facilities and connection to DANIA BEACH'S
facilities, TRUSTEE, LETO and MOTIVA shall convey, without further consideration, by
Absolute Bill of Sale, whatever portion of said facilities DANIA BEACH desires to have at that
time, together with necessary easements for repairs and maintenance, and TRUSTEE, LETO
and MOTIVA shall further pay to DANIA BEACH whatever impact or connection fees are
assessed for connection at that time and regular sewer service charges imposed by DANIA
BEACH, as same may be changed or modified from time to time.
6. TRUSTEE, LETO and MOTIVA shall contract only with DANIA BEACH for all portable
water service.
7. TRUSTEE, LETO and MOTIVA shall solely be responsible for repair, maintenance and
upkeep of all sewer facilities and all charges for sanitary sewer service imposed by
HOLLYWOOD while connected to HOLLYWOOD'S facilities and shall properly repair and
maintain the facilities in accordance with standards of HOLLYWOOD or DANIA BEACH,
depending on where the facilities are located.
8. This agreement shall be recorded by TRUSTEE, LETO and MOTIVA, or any
combination thereof, at the cost of TRUSTEE, LETO and MOTIVA, or any combination thereof,
and shall be binding on TRUSTEE, LETO and MOTIVA, their successors, assigns, executors,
heirs, administrators or grantees and all future owners and occupants of the Properties.
9. HOLLYWOOD shall make no attempt to expand its service area by virtue of said
temporary connections, nor make any claim of right adverse to that of DANIA BEACH by virtue
of said temporary hook-up. Notwithstanding the foregoing, HOLLYWOOD shall have the right
to read DANIA BEACH'S water meters for the Properties in order to determine usage charges
as if the Properties were located within HOLLYWOOD.
10. TRUSTEE, LETO and MOTIVA shall save and keep harmless HOLLYWOOD and
DANIA BEACH from all damage to real or personal property occasioned or caused by the
making of the sewer connections herein referred to, and shall also save and keep harmless
HOLLYWOOD and DANIA BEACH from all damages of any kind, nature or description which
may arise as the result of making of this agreement.
11. TRUSTEE, LETO and MOTIVA shall not sell, lease or give any right or privilege to
utilize their sewer facilities to any other person whose property is outside that described herein
nor allow any such connection, without the written agreement of HOLLYWOOD and DANIA
BEACH.
OR BK 29978 PG 1584
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and
year first above written.
A'
CITY CLERK
APPROVED AS TO FORM & LEGALITY
for the use and reliance of the
Ci f Hollywood, Florida only:
1 7,20 :2 -
DANIEL L. ABBOTT,
CITY ATTORNEY
ATTEST:
SHERYL CHAPMAN CITYCt%6
. CITY CLERK
.,print, type or stamp name
APPROVED
AS TO FORM,. LEGALITY
Iffisig
!isllL JU
by:
CITY OF HOLLYWOOD, a municipal
corporation
gy:
MARA GIULIANTI, MAYOR
CITY q�D EACH
B
JOHN BERTINO , MAYOR
Print, type or stamp name
CITY ATTORNEY
OR BK 29978 PG 1585
by
0� c'
JOkN LETO, TRUSTEE
The foregoing instrument was acknowledged before me this\a day of-dA\.x . 199g(
JOAN LETO, TRUSTEE.
OP rla9 REBECCA ANN SINCUP Notaryy public
� �0.Y o MY Cpom Eap. 9/7l2001
� PUBuc � No. CC 678218
PersmalH 1(nmvn I I °m°' Lo. Print, type or stamp name
Personally Known —4— OR Produced Identification
Type of identification Produced
LETO BROTHERS FAMILY
PARTNERSHIP
By:
Print, type or stamp name
STATE OF
COUNTY OF
The foregoinegn' t-rument was acknowledged before
fome this O day
FAMof ILY
by �Cfl�m �r• �k�Jas
PARTNERSHIP.
,hut �(a REBECCA qNN SINCUP Notary Public
uer o MY Comm
++ PUBUC a ErP 9p/2007
Na. CC 678218
Pa1H, �, I lom. o Print, type or stamp name
Personally Known OR Produced Identification
Type of identification Produced
OR BK 29978 PG 1586
MOTIVA ENTERPRISES,
/LLC. `➢�
By:/�fYDlJ7t4 c7
Print, type or stamp name
STATE OF
COUNTY OF � �In�r.'�7
J`� `� . , 1991
by e(fforegoing instrument was a owled pefore me this��� day of
�� �+✓1 MOTIVA ENTERPRISES, LLC.
Print, type or stamp name
Personally Known OR Produced Identification
Type of Identification Produced
LEC,AL DESCRIPTION= OR BR 29978 PG
A PORTION OF TRACT "A" OF "LETO PARK" ACCORDING TO THE PLAT
THEREOF AS RECORDED IN PLAT BOOK 118 AT PAGE 39 OF THE PUBLIC
RECORDS OF BROWARD COUNTY, FLORIDA: BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGIN AT THE MOST SOUTHERLY SOUTHWEST CORNER OF SAID TRACT "A";
THENCE RUN NORTH 00 DEGREES 40 MINUTES 16 SECONDS EAST ALONG THE
WEST LINE OF SAID TRACT "A" FOR A DISTANCE OF 278.86 FEET TO A
POINT; THENCE RUN NORTH 89 DEGREES 58 MINUTES 59 SECONDS EAST FOR
A DISTANCE OF 230.92 FEET TO A POINT ON THE EAST LINE OF SAID
TRACT "A"; THENCE RUN SOUTH 00 DEGREES 40 MINUTES 16 SECONDS WEST
ALONG THE EAST LINE OF SAID TRACT "A" FOR A DISTANCE OF 254.22
FEET TO A POINT; THENCE RUN SOUTH 45 DEGREES 20 MINUTES 08
SECONDS WEST FOR A DISTANCE OF 16.37 FEET TO A POINT OF
INTERSECTION WITH THE ARC OF A CIRCULAR CURVE CONCAVE TO THE
NORTHWEST, THE CENTER OF WHICH BEARS NORTH O6 DEGREES 11 MINUTES
48 SECONDS WEST FROM SAID POINT; THENCE RUN SOUTHWESTERLY ALONG
THE ARC OF SAID CURVE HAVING A RADIUS OF 2302.26 FEET, THRU A
CENTRAL ANGLE OF 05 DEGREES 21 MINUTES 09 SECONDS FOR AN ARC
DISTANCE OF 215.07 FEET TO A POINT OF NON -TANGENCY; THENCE RUN
NORTH 90 DEGREES 00 MINUTES 00 SECONDS WEST FOR A DISTANCE OF
4.98 FEET TO THE POINT OF BEGINNING.
(CONTAINING; 63,124 SQUARE FEET = 1.4491 ACRES)
NOTES:
1.) AREA OF THIS PROPERTY IS: 63.124 SQUARE FEET (1.4491 ACRES)
2.) ELEVATIONS ARE BASED ON N.G.V. DATUM, BROWARD COUNTY BENCH
MARK NO.: 1129, ELEVATION: 10.250 FEET.
3.) COMMUNITY If 120034 0308F
4.) FLOOD ZONE: AE
5.) BASE FLOOD ELEVATION: 7.0 FEET
6.) MAP DATE: 08/18/92
7.) THIS SITE LIES IN SECTION 33, TOWNSHIP 50 SOUTH, RANGE 42 EAST,
BROWARD COUNTY, FLORIDA,
8.) LATITUDE OF THIS SITE IS: 26' 02' 53" NORTH
9.) LONGITUDE OF THIS SITE IS: 80' 09' 52" WEST
10.) BEARINGS ARE BASED ON THE WEST LINE OF TRACT "A" BEING
N.00'40'16"E.
11.) THIS SURVEY WAS DRAFTED UTIUZING AUTOCAD RELEASE 12 SOFTWARE ON
AN IBM COMPATIBLE COMPUTER. SHOULD A 3 1/2" OR 5 1/4" FLOPPY
DISK WITH THIS SURVEY DATA BE DESIRED, CONTACT PULICE LAND
SURVEYORS, INC.
12.) REASONABLE EFFORTS WERE MADE REGARDING THE EXISTENCE AND THE
LOCATION OF UNDERGROUND UTILITIES. THIS FIRM, HOWEVER, DOES NOT
ACCEPT RESPONSIBILITY FOR THIS INFORMATION. BEFORE EXCAVATION OR
CONSTRUCTION, CONTACT THE APPROPRIATE UTILITY COMPANIES FOR FIELD
VERIFICATION.
13•) DENOTES: TREE
14•) DENOTES: PALM TREE
L E 70 /3 R kkS
tAlFrr A
EXHIBIT
Page 1 ,
State eC Delaware
Office of the Secretary of State PAGE 1
I, EDWARD J. FREEL, SECRETARY OF STATE OF THE STATE OF
DELAWARE, DO HEREBY CERTIFY THE ATTACHED IS A TRUE AND CORRECT
COPY OF THE CERTIFICATE OF LIMITED LIABILITY COMPANY OF "MOTIVA
ENTERPRISES LLC", FILED IN THIS OFFICE ON THE FIRST DAY OF JULY,
A.D. 1998, AT 9:10 O'CLOCK A.M.
N
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I0
V
Q CD
Edward 1. Freel, Secretary of State
4p.!
2872754 8100 AUTHENTICATION; 9173160
981256074 DATE: 07-01-98
EXHIBIT
Page 2 c
STATE OF DELANARE
SECRETARY OF STATE
DIVISION OF CORPORATIONS
FILED 09:10 AN 0710112998
981256074 - 2872754
CERTIFICATE OF FORMATION
OF
MOTIVA ENTERPRISES LLC
This Certificate of Formation of Motiva Enterprises LLC (the "LLC"), dated as of
July I, 1998, is being duly executed and filed by Paul M. Altman, as an authorized person, to
form a limited liability company under the Delaware Limited Liability Company Act (6 Del. C. §
18-101, gl.).
FIRST. The name of the limited liability company formed hereby is Motiva Enterprises
LLC.
SECOND. The address of the registered office of the LLC in the State of Delaware is c/o
The Corporation Trust Company, Corporation Trust Center, 1209 Orange Street, Wilmington,
New Castle County, Delaware, 19801.
THIRD. The name and address of the registered agent for service of process on the LLC
in the State of Delaware are The Corporation Trust Company, Corporation Trust Center, 1209
Orange Street, Wilmington, New Castle County, Delaware, 19801.
IN WITNESS WHEREOF, the undersigned has executed this Certificate of Formation as
of the date first above written.
By: "'ey
Name: Paul M. Altman
Title: Authorized Person
ro
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r
a�1-�olu�rrt
W.W61138-11M.
RESOLVED, That the Chief Executive Officer of the
Company is hereby authorized to the extent he deems
advisable or appropriate in the normal and ordinary conduct
of the Company's business and affairs:
(1) in the Company's name and on its behalf (i) to
execute, deliver, accept, assign, amend, extend, terminate
or release any instruments or documents including, but not
limited to (a) conveyances of properties (real or
personal); (b) agreements of any nature, including
transportation agreements, throughput agreements and
agreements related to intellectual properties; (c) security
interests (to the extent such interests do not violate any
of the outstanding indentures or other agreements of the
Company or, as applicable, those of Shell Oil Company or
Texaco Inc. or their respective worldwide affiliates); and
(d) surety bonds, performance guarantees and similar
obligations of the Company; and (ii) to execute and deliver
(a) certificates; (b) returns; and (c) reports of any
nature;
(2) to appoint employees or agents of the Company and
prescribe in writing the authorities and duties of any
officers, employees or agents of the Company, which he may
deem advisable or appropriate; and
(3) to authorize any officer or any employee of the
Company to further delegate in writing, with such
limitations as such delegating officer or employee may deem
advisable or appropriate, the authorities delegated to such
officer or employee.
Cent auth chain to POA 8
EXHIBIT C
As Vice President of Sales, you are hereby authorized to the extent you deem advisable
or appropriate in the normal conduct of the Sales business and affairs of the Company:
(1) in the Company's name and on its behalf, (i) to execute, deliver,
accept, assign, amend, extend, terminate or release any instruments
or documents including, but not limited to (a) conveyances of
properties (real or personal); (b) agreements of any nature,
including transportation agreements, throughput agreements and
agreements related to intellectual properties; (c) security interests
(to the extent such interests do not violate any of the outstanding
indentures or other agreements of the Company or, as applicable,
those of Shell Oil Company, Texaco Inc., Saudi Refining, Inc., or
their respective worldwide affiliates); and (d) surety bonds,
performance guarantees and similar obligations of the Company;
and (ii) to execute and deliver (a) certificates; (b) returns; and (c)
reports of any nature;
(2) to appoint employees or agents of the Company with respect to the
Sales business of the Company and prescribe in writing the
authorities and duties of employees or agents of the Company
with respect to Sales, which you may deem advisable or
appropriate. ,
Cent auth chain to POA
EXHIBIT
POWER OF ATTORNEY
MOTIVA ENTERPRISES LLC
MOTIVA ENTERPRISES LLC, a Delaware limited liability
company (the "Company"), hereby nominates, appoints and
authorizes the Administrative Supervisor, Asset Management,
of Equiva Services LLC, currently M. J. Picheloup, and his
successors in said position, as its true and lawful
Attorney -in -Fact ("Attorney"), to execute, deliver, accept,
assign, amend, extend, ratify, verify, terminate, release
or surrender, in the name of the Company and on its behalf,
the following:
all instruments or documents, including (without
limitation) conveyances of properties (real or
personal), agreements of any nature, including
non -recourse promissory notes and deeds of trust
and mortgages related to such non -recourse notes,
but excluding grants of security interests other
than releases and quitclaim deeds for the purpose
of clearing public records of satisfied security
interests; and certificates, returns and reports
of any nature, which may be deemed advisable or
appropriate in the course of business.
This Power of Attorney is effective July 1, 1998, and
shall continue in full force and effect until specifically
revoked in writing.
IN WITNESS WHEREOF, the Company has caused this Power
of Attorney to be signed by its Vice President and sealed
with its company seal and attested by its Assistant
Secretary.
ATTEST:
T. J. Howard
Assistant Secretary
Motiva Enterprises
L. L.
Vice
Sales
MOTIVA ENTERPRISES LLC
THE UNDERSIGNED, an Assistant Secretary of Motiva Enterprises LLC, a
Delaware limited liability company ("Company"), hereby certifies as follows.
1. The undersigned is a duly elected and serving Assistant Secretary of the
Company.
2. The Company was formed by a Certificate of Formation filed with the Secretary
of State of Delaware on July 1, 1998, a true copy of which is attached hereto as
Exhibit A.
3. The members of the Company, pursuant to applicable provisions of the Delaware
Limited Liability Company Act, entered into and executed a Limited Liability
Company Agreement dated July 1, 1998 ("LLC Agreement').
4. The LLC Agreement provides that the operations of the Company shall be
conducted by the Chief Executive Officer.
5. The LLC Agreement further provides that the Chief Executive Officer may
delegate authority to the officers of the Company to carry out the business and
affairs of the Company.
6. The Board of Directors of the Company by resolution approved on July 1, 1998
delegated authorities to the Chief Executive Officer, a true and correct copy of
which is attached hereto as Exhibit B.
7. By delegation dated July 1, 1998, the Chief Executive Officer granted authorities
to the Vice President -Sales, a true and correct copy of which is attached hereto as
Exhibit C.
8. The delegation from the Board of Directors to the Chief Executive Officer, and
from the Chief Executive Officer to the Vice President -Sales are each still in full
force and effect.
9. Larry L. Burch is the Vice President -Sales of the Company.
10. The Vice President -Sales of the Company, pursuant to the delegation of authority,
appointed a power of attorney, a true and correct copy of which is attached hereto
as Exhibit D.
IN WITNESS WHEREOF, the undersigned has executed this certificate
on October 20, 1998.
K. P. Harrison
Assistant Secretary
Cert auth chain to POA
7tij