HomeMy Public PortalAboutRES 09/03RESOLUTION No. 009 -3
A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF
GULF STREAM, PALM BEACH COUNTY, FLORIDA, APPROVING
THE FIRST AMENDMENT TO THE INTERLOCAL AGREEMENT TO
PROMOTE UNDERGROUNDING OF UTILITY FACILITIES AND
RELATED IMPLEMENTATION ACTIVITIES BETWEEN THE TOWN
AND FLORIDA MUNICIPALITIES, AND AUTHORIZING THE
MAYOR TO EXECUTE THE SAME ON BEHALF OF THE TOWN.
BE IT RESOLVED BY THE TOWN COMMISSION OF THE TOWN OF
GULF STREAM, FLORIDA, AS FOLLOWS:
The First Amendment to the Interlocal Agreement between
the Town and Florida municipalities to promote
undergrounding of utility facilities and related
implementation activities, attached hereto as Exhibit A and
incorporated by reference as a part of this resolution, is
hereby approved and the Mayor is authorized to execute the
same on behalf of the Town.
PASSED AND ADOPTED THIS 9th
KIZI0S,
�.
MAYOR
(SEAL)
ATTEST:
TOWN C ERK
day of January ,
TOWN OF GU F STREAM
CO ISSI NER
COMMISSIONER
CO SSIONER
COMMISSIONER
EXHIBIT "A"
FIRST AMENDMENT TO INTERLOCAL AGREEMENT TO PROMOTE
UNDERGROUNDING OF UTILITY FACILITIES AND RELATED IMPLEMENTATION
ACTIVITIES
This First Amendment to Interlocal Agreement ( "First Amendment ") is made and
entered into to be effective as of the First day of January, 2009, by and between the
TOWN OF GULF STREAM, FLORIDA, an incorporated Florida municipality, ( "Town "),
having a mailing address of 100 Sea Road, Gulf Stream , FL 33483, and certain other
incorporated cities and towns of Florida that, together with the Town, formed the
Municipal Underground Utilities Consortium ( "MUUC "), a municipal cooperative effort as
contemplated in Chapter 163, Florida Statutes, by the INTERLOCAL AGREEMENT TO
PROMOTE UNDERGROUNDING OF UTILITY FACILITIES AND RELATED
IMPLEMENTATION ACTIVITIES ( "Interlocal Agreement ") that is the subject of this First
Amendment.
WITNESSETH:
WHEREAS, the Town and the other cities and towns formed the MUUC through
that certain INTERLOCAL AGREEMENT TO PROMOTE UNDERGROUNDING OF
UTILITY FACILITIES AND RELATED IMPLEMENTATION ACTIVITIES, dated June 13,
2006;
WHEREAS, the Town and certain other cities and towns that are parties to the
Interlocal Agreement now desire to modify and amend the Interlocal Agreement;
NOW, THEREFORE, pursuant to Section 17.3 of the Interlocal Agreement, which
applies to amendments to the Agreement, and in consideration of the mutual covenants
herein contained and for other good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, the parties agree as follows:
1. Section 3.1 of the Interlocal Agreement shall be deleted in its entirety and
replaced with the following:
"3.1 This Agreement shall be effective as between all of the Parties as of
the 13th day of June, 2006, and shall continue in effect until the earlier of (a)
December 31, 2010 or (b) the date upon which there remains at most only one
(1) Local Government that has not submitted a Notice of Termination of
Participation in this Agreement as provided in Section 3.2."
2. Section 17.4 of the Interlocal Agreement shall be deleted in its entirety and
replaced with the following:
"17.4 Execution. The Parties understand and agree that each is
executing this version of the Agreement, titled "EXECUTION VERSION 1.0, MAY
18, 2006" ( "Execution Version ") and that each Party has a copy of this Execution
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Version and has had an adequate opportunity to review same. The Parties also
understand and agree that the Interlocal Agreement may be extended by
execution of an appropriate amendment, which may be executed via counterpart
signature pages by all Parties who wish to participate in the extension of the
Agreement. For convenience and efficiency, the Parties agree that execution of
this Agreement and any future amendments shall be accomplished as follows:
each Party shall execute a signature page bearing appropriate identifying
information for the person authorized to sign on behalf of the Party, and each
Party's execution of that signature page shall be recognized as full and complete
execution of this Agreement, and of any amendment, as though the Parties had
all signed the same signature page. Each Party shall submit an original signed
signature page of the Interlocal Agreement, and of any future amendments
thereto, to Mr. Thomas G. Bradford, Deputy Town Manager for the Town of Palm
Beach, who, by agreement of the Parties, will hold all signed original signature
pages."
3. The final paragraph of the Interlocal Agreement shall be deleted in its
entirety and replaced with the following:
"IN WITNESS WHEREOF, the Parties, pursuant to the Execution
provisions set forth in Section 17.4 above, have executed and delivered this
Agreement to be effective as of June 13, 2006, and the First Amendment thereto
to be effective as of January 1, 2009. The signature pages to the Interlocal
Agreement are set forth beginning on page S -1 of the Interlocal Agreement, and
the signature pages for the First Amendment are set forth beginning on page
FAS -1 of the Interlocal Agreement."
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INTERLOCAL AGREEMENT TO PROMOTE UNDERGROUNDING OF UTILITY
FACILITIES AND RELATED IMPLEMENTATION ACTIVITIES
Dated the 13th day of June, 2006, and as amended to be effective
the First day of January, 2009.
SIGNATURE PAGE FOR THE TOWN OF GULF STREAM, FLORIDA
In accordance with Section 17.4 of that certain Interlocal Agreement to Promote
Undergrounding of Utility Facilities and Related Implementation Activities, Dated the
13th day of June 2006, and also in accordance with Section 17.4 of the above -
referenced Interlocal Agreement, as amended by the foregoing First Amendment, to
which the Local Government identified above is a Party, the person whose signature
appears below confirms the Party's acknowledgment that the Party has received and
had an adequate opportunity to review the Execution Version of the Agreement and of
the First Amendment thereto, that he or she has due authority to sign on behalf of the
Party and to bind the Party to its agreements, obligations, and covenants under the
Agreement, that it is the intention of the municipality identified above to execute the First
Amendment to the Interlocal Agreement, and that all representations and warranties set
forth in the Agreement relative to the Party are true and correct to the best of his or her
knowledge, information, and belief, as of the date that this signature page is executed.
SIGNATURE
F—k�7L4=-
PRINTED/TYPED NAME
Wi 11 Jam
F _ Kn( -h , jr
TITLE
Mayor
DATE
January 9, 2009
WITNESS
SIGNATU E
R T t-a T Taylor, Town Clerk
TYPED OR PRINTED NAME
s-2