HomeMy WebLinkAboutO-2012-007 BC FLL Expansion Settlement Agreement Amendment ORDINANCE NO. 2012-007
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO
EXECUTE AN AMENDMENT TO THE SETTLEMENT AGREEMENT (IN
COMPLIANCE WITH CITY CHARTER REQUIREMENTS), WITH
BROWARD COUNTY, FLORIDA, RELATED TO LITIGATION EXISTING
BETWEEN THE PARTIES IN CONNECTION WITH CONSTRUCTION OF A
NEW SOUTH RUNWAY AT FORT LAUDERDALE-HOLLYWOOD
INTERNATIONAL AIRPORT, SUCH AMENDMENT TO CHANGE THE
VOIDABILITY OPTION PERIOD OF PARAGRAPH 6 OF THE AGREEMENT
FROM THIRTY (30) DAYS TO SIXTY (60) DAYS; PROVIDING FOR
SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING
FOR AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA
BEACH,FLORIDA:
Section 1. That the proper City officials are authorized to execute an amendment to
the Settlement Agreement in compliance with City Charter requirements, with Broward County,
Florida, related to litigation existing between the parties in connection with the construction of a
new south runway at Fort Lauderdale-Hollywood International Airport, such amendment to
change the Voidability Option Period of Paragraph 6 of the October 25, 2011 Interlocal
Agreement from thirty (30) days to sixty (60) days. Specifically, the sentence in paragraph 6(a)
that currently reads, "The Voidability Option Period shall be for a period of thirty (30) days
following the date of each of the trigger events listed in (1)-(4) above" shall be changed to read
as follows: "The Voidability Option Period shall be for a period of sixty (60) days following the
date of each of the trigger events listed in(1)-(4) above."
Section 2. That if any section, clause, sentence or phrase of this ordinance is for any
reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not
affect the validity of the remaining portions of this Ordinance.
Section 3. That all ordinances or parts of ordinances in conflict with the provisions of
this Ordinance are repealed.
Section 4. That this Ordinance shall take full force and effect immediately at the time
of its passage and adoption.
PASSED on first reading on March 15, 2012.
PASSED AND ADOPTED on second reading on March 27, 2012.
ATTEST:
A -
LOUISE STILSON, CMC PATRICIA A. FLURY
CITY CLERK MAYOR
'S FIrC
APPROVED AS TO FO AND CORRECTNESS:
THOMAS . AN B O
CITY ATTO Y
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AMENDMENT TO INTERLOCAL AGREEMENT
THIS IS AN AMENDMENT TO AN INTERLOCAL AGREEMENT (the
"Amendment") dated as of , 2012, and it is entered into between the CITY
OF DANIA BEACH, FLORIDA, a municipal corporation of the State of Florida, having an
address at 100 West Dania Beach Boulevard, Dania Beach, Florida 33004 (the "City"), and
BROWARD COUNTY, a political Subdivision for the State of Florida (the "County"), with an
address of 115 South Andrews Avenue, Fort Lauderdale,Florida 33301.
RECITALS
1. The City and County entered into an Interlocal Agreement dated October 25,
2011 (the "Agreement").
2. The City and County wish to modify certain provisions of the Interlocal
Agreement.
NOW, THEREFORE,in consideration of the mutual covenants described above and the
agreements contained below, and for other good and valuable consideration, the receipt and
sufficiency of which are acknowledged,the parties agree as follows:
1. The above recitals are true and correct and they are incorporated into this
Amendment as if set forth in full.
2. All defined terms in this Amendment shall have the same meaning as those
appearing in the Agreement.
3. The parties acknowledge that the City Commission of the City of Dania Beach,
Florida approved the extension of the terms in Paragraph 6, "Voidability Option Period —
FAA/FDOT Approval Date/Grant Approval Date" in the Agreement pursuant to City Ordinance
Number 2012-007 adopted on , 2012.
4. The parties acknowledge tha
t the Board of Commissioners of Broward Count Y
approved the extension identified in Paragraph 3 above, at a meeting held on ,
2012.
5. Paragraph 6, "Voidability Option Period — FAA/FDOT Approval Date/Grant
Approval Date of the Agreement is amended to extend the VoidabilityOption Period provision
pp �' p
to read as follows:
3 ORDINANCE#2012-007
. . . The Voidability Option Period shall be for a period of sixty (60) days following the
date of each of the trigger events listed in(1)-(4) above."
6. Except as amended and modified by this Amendment, all of the terms, covenants,
conditions, and agreements of the Agreement shall remain in full force and effect. In the event
of any conflict between the provisions of the Agreement and the provisions of this Amendment,
this Amendment shall control.
IN WITNESS OF THE FOREGOING, this Amendment is effective upon its complete
execution by both parties:
CITY OF DANIA BEACH,FLORIDA,
a municipal corporation of the State of
Witnesses: Florida
Signature Patricia A. Flury,Mayor
PRINT Name Dated: , 2012
Signature ATTEST:
PRINT Name
Louise Stilson, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
Thomas J. Ansbro, City Attorney
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BROWARD COUNTY, a Political Subdivision
of the State of Florida, by and through its
Board of County Commissioners
Title:
Dated: , 2012
Broward County Administrator, as
Ex-officio Clerk of the Broward Approved as to form by Office of the County
County Board of County Attorney for Broward County, Florida
Commissioners Joni Armstrong Coffey, County Attorney
Governmental Center, Suite 423
115 South Andrews Avenue
Fort Lauderdale, Florida 33301
Telephone: (954) 357-7600
Telecopier: (954) 357-7641
Christine C. Lee, Senior Assistant
County Attorney
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