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Home My WebLink AboutR-2011-094 - Authorized the First Amendment to the Agreement between BC & DB Providing for Funding for the Dredging of Dania Cut-Off Canal RESOLUTION NO. 2011-094 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE FIRST AMENDMENT TO THE AGREEMENT BETWEEN BROWARD COUNTY AND THE CITY OF DANIA BEACH PROVIDING FOR FUNDING FOR THE DREDGING OF THE DANIA CUT- OFF CANAL; AUTHORIZING THE CITY MANAGER TO EXECUTE THE FIRST AMENDMENT; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on March 23, 2010 the City Commission of the City of Dania Beach, Florida (the "City Commission") approved Resolution No. 2010-044 authorizing an Agreement between the City and Broward County (the "County") to provide for shared funding of the match cost for the dredging of the Dania Cut-off Canal (the "Project") through a Florida Inland Navigation District("FIND") project and in conjunction with a FIND grant; and WHEREAS, the City and the County entered such Agreement on May 18, 2010 which Agreement is due to expire on September 30, 2011; and WHEREAS, FIND is not scheduled to complete the Project within the original term of the Agreement; and WHEREAS, the City and the County desire to extend the term of the Agreement an additional year to accommodate the completion of the Project, at no additional cost to the City. NOW,THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH,FLORIDA: Section 1. That the above recitals are true and correct and are incorporated by reference. Section 2. That the City Commission of the City of Dania Beach expresses its intent to enter into the First Amendment to the Agreement between the City of Dania Beach and Broward County providing for the funding for the dredging of the Dania Cut-off Canal (the "First Amendment"), a copy of which is attached as Exhibit "A," together with such non- material changes as may be acceptable to the City Manager and approved as to form and legality by the City Attorney. Section 3. That the City Manager is authorized to execute the First Amendment on behalf of the City, to execute any required agreements and/or documents to implement the terms and conditions of the First Amendment and to execute any extensions and/or amendments to the Agreement, subject to the approval as to form and legality by the City Attorney. Section 4. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 5. That this Resolution shall take effect immediately upon adoption. PASSED AND ADOPTED on August 23, 2011. ATTEST: ,�A n�' -�d4a� 64.1— LOUISE STILSON, CMC PATRICIA A. V1 UR CITY CLERK MAYOR P�,S FiRsr c,Tr APPROVED AS T FO AND CORRECTNESS: i THOMAS J. OS13RIO CITY ATTORNEY 2 RESOLUTION#2011-094 FIRST AMENDMENT TO AGREEMENT Between BROWARD COUNTY and CITY OF DANIA BEACH for JOINT FUNDING OF THE LOCAL SHARE OF FLORIDA INLAND NAVIGATION DISTRICT PROJECT TO DEEPEN THE DANIA CUTOFF CANAL This is a First Amendment to the May 25, 2010, Agreement (the "Agreement") made and entered into by and between BROWARD COUNTY, hereinafter referred to as "COUNTY," through its Board of County Commissioners, its successors and assigns, and CITY OF DANIA BEACH, a municipal corporation located in Broward County, Florida, and organized and existing under the laws of the State of Florida, hereinafter referred to as "CITY," collectively referred to as the "Parties." WHEREAS, the Parties entered into the Agreement to jointly fund the local cost share of the Florida Inland Navigation District (FIND) Project to deepen the Dania Cutoff Canal, with the CITY agreeing to maintain the Dania Cutoff Canal after completion of the project and provide the local cost share in any future canal dredging project; and WHEREAS, FIND is not scheduled to complete the project within the original term of the Agreement; and WHEREAS, the Parties desire to extend the term of the Agreement an additional year in order to accommodate the completion of the Project; NOW THEREFORE, IN CONSIDERATION of the mutual terms, conditions, promises, covenants, and payment hereinafter set forth, the COUNTY and CITY agree as follows: 1. The truth and accuracy of each "Whereas" clause set forth above is acknowledged by the parties and the recitals contained in the WHEREAS clauses are incorporated herein. 2. Article 5, Term and Termination, Section 5.1 of the Agreement is hereby amended to read as follows: 5.1 The term of this Agreement shall begin on the date it is full executed b 9 9 Y Y both parties and shall end on September 30, 2044-2012; provided, however, that the provisions of Articles 4 and 8 shall survive such termination. 3. Preparation of this First Amendment has been a joint effort of COUNTY and CITY, and the resulting document shall not, solely as a matter of judicial construction, be construed more severely against one of the parties than any other. 4. Except as otherwise specifically amended herein, the terms and conditions of the Agreement shall remain unchanged and in full force and effect. In the event of a conflict between the terms and conditions of this First Amendment and the terms and conditions set forth in the Agreement, the parties hereto hereby agree that this document shall control. 5. This First Amendment to the Agreement shall be effective upon execution by the Parties, and may be fully executed by the Parties in multiple copies, each of which, bearing original signatures, shall have the force and effect of an original document. (Remainder of Page Intentionally Left Blank) Coding: Words in strike *„ti- "ems" type are deletions from existing text. Words in underline type are additions to existing text. First Amendment to Dania Beach Agreement -2- IN WITNESS WHEREOF, the parties have made and executed this First Amendment to the Agreement on the respective dates under each signature: BROWARD COUNTY, through its Board of County Commissioners, signing by and through its Mayor or Vice-Mayor, authorized to execute same by Board action on the day of 20_, and CITY OF DANIA BEACH, signing by and through its , duly authorized to execute same. COUNTY ATTEST: BROWARD COUNTY, by and through its Board of County Commissioners By Broward County Administrator, as Mayor Ex-officio Clerk of the Broward County Board of County Commissioners day of , 20 Approved as to form by Office of the County Attorney for Broward County, Florida JONI ARMSTRONG COFFEY, County Attorney Governmental Center, Suite 423 115 South Andrews Avenue Insurance requirements Fort Lauderdale, Florida 33301 approved by Broward County Telephone: (954) 357-7600 Risk Management Division Telecopier: (954) 357-7641 By By (Date) Al A. DiCalvo (Date) Assistant County Attorney AAD:hb 8/16/11 DaniaBeachJPA(DaniaCutoffDredging).am1.doc #11-077.02 First Amendment to Dania Beach Agreement -3- FIRST AMENDMENT TO AGREEMENT BETWEEN BROWARD COUNTY AND CITY OF DANIA BEACH FOR JOINT FUNDING OF THE LOCAL SHARE OF FLORIDA INLAND NAVIGATION DISTRICT PROJECT TO DEEPEN THE DANIA CUTOFF CANAL CITY ATTEST: CITY OF DANIA BEACH By City Clerk City Manager LOUISE STILSON ROBERT BALDWIN Print/Type Name Print/Type Name day of August 2011 (Seal) APPROVED AS TO FORM: By City Attorney THOMAS ANSBRO First Amendment to Dania Beach Agreement -4-