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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 1 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." 2 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