RESOLUTION NO. J?C2t2/J?-21// A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF HOLLYWOOD, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE THE ATTACHED FIRST ADDENDUM TO THE LARGE USER AGREEMENT BETWEEN THE CITY OF HOLLYWOOD AND THE CITY OF HALLANDALE BEACH FOR THE TRANSFER OF WASTEWATER CAPACITY TO THE CITY OF HALLANDALE BEACH, AND THE ATTACHED SETTLEMENT AGREEMENT AUTHORIZING DISBURSEMENT TO THE CITY OF HALLANDALE BEACH CONCERNING THE TREATMENT OF WASTEWATER AT THE HOLLYWOOD FACILITY AND REIMBURSEMENT TO THE CITY OF HOLLYWOOD BY THE CITY OF HALLANDALE BEACH FOR UNMETERED WASTEWATER FLOWS. the City of Hollywood is the owner and operator of a wastewater treatment plant located within the City; and the City of Hollywood has Agreements known as "Large User Agreements" with other local governments for treatment of the wastewater, and these local governments are referred to as "Large Users"; and the City of Hallandale Beach is one of the Large Users; and the City of Hollywood and the City of Hallandale Beach mutually agree to enter into the attached First Addendum to the Large User Agreement to provide for a just and fair distribution of wastewater capacity to the City of Hallandale Beach, acquired by the City of Hollywood from the City of Miramar; and the City of Hollywood has agreed to pay, and the City of Hallandale Beach has agreed to accept, certain amounts representing (i) compensation for the alleged under-recording by the effluent meter at the Hollywood Regional Wastewater Treatment Plant and (ii) Hallandale Beach's share of the eliminated $9 million debt service reserve for the Hollywood Regional Wastewater Plant, totally $1,940,000.00, which is fair and equitable; and the City of Hallandale Beach has agreed to pay, and the City of Hollywood has agreed to accept, an amount representing Hallandale Beach's flow that were erroneously diverted and unmetered from the Fletcher Street large user meter prior to May 25,2004, this amount equality $435,100.00, which is fair and equitable; and
""--- the City Managers of the City of Hollywood and the City of HallandaleBeach and their staffs have met and mutually agree to the disbursementsin the SettlementAgreementbetweenthe two cities;and the City of Hallandale Beach City Commission approved the First Amendment to the Hallandale Beach Large User Agreement and the Settlement Agreement at their June 20, 2007 Commission Meeting; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF HOLLYWOOD, FLORIDA: Section 1: That it hereby approves and authorizes the execution, by the appropriate City Officials, of the attached First Addendum to the Large User Agreement, and the attached Settlement Agreement between City of Hollywood and the City of Hallandale Beach, together with such nonmaterial changes as may be subsequently agreed to by the City Manager and approved as to form and legality by the Interim City Attorney. Section 2: That this resolution shall be in full force and effect immediately upon its passage and adoption. PASSED AND ADOPTED this Ii day of ~, 2007. ~~~.. MA GIULIANTI, MAYOR APPROVED AS TO FORM AND LEGALITY For the use and reliance of the City of Hollywood, Florida, only. r1f~ LAN FALLlK, INTERIM CITY ATTORNEY
- CD H - R -dcd~- 2-L\\ FIRST ADDENDUM TO large USER AGREEMENT BETWEEN THE CITY OF HOllYWOOD AND THE CITY OF HAllANDAlE BEACH This First Addendum to the Large User Agreement dated September 28, 1990 is made and entered into this ;2.(p day of S.epf, 2007, by and between the City of Hallandale Beach, a municipal corporation of the State of Florida with its principal place of business at 400 South Federal Highway, Hallandale Beach Florida 33009 (hereinafter "Hallandale Beach") and the City of Hollywood, a municipal corporation of the State of Florida, with its principal place of business at 2600 Hollywood Boulevard, Hollywood, Florida 33020 (hereinafter "Hollywood'). RECITALS Hollywood is the owner and operator of a 48.75 MGD wastewater treatment plant located at the intersection of Taft Street and 14th Avenue within Hollywood; and Hollywood and Hallandale Beach have entered into a Large User Agreement dated September 28, 1990, for Hollywood to treat up to 6.65 MGD in Annual Average Daily Flows (AADF) from Hallandale Beach; and Hallandale Beach currently discharges its wastewater into the Hollywood wastewater treatment system; and In order to satisfy their current and future growth developments, Hallandale Beach is in need of additional capacity; and 1
the City of Miramar has entered into a Fourth Addendum to Large User Agreement with Hollywood to begin diverting flow west to their wastewater treatment facility; and as provided in said fourth addendum, Miramar's additional flow capacity has been allocated to the City of Hollywood; and provided in said fourth addendum Hollywood has obtained all the rights to Miramar's flow capacity and reservation for plant capacity; and Hollywood and Hallandale Beach mutually agree to enter into this First Addendum to Large User Agreement so as to provide for Hollywood to distribute Miramar's flow capacity in a just and fair manner to address Hollywood's and Hallandale Beach's flow capacity needs; and Hallandale Beach agrees to bear a fair proportion of costs associated with Miramar's flow diversion to avoid an increase in the cost share of expenses by the other Large Users; and WITNESSETH NOW, THEREFORE, in consideration of the Covenants hereinafter contained, the parties agree as follows: 1. The above recitals are true and correct and are incorporated herein. 2. Miramar has transferred 4.0 MGD of current available and reserved capacity to Hollywood in two phases and reduced its flow to the regional system to 1.5 MGD, via the above described Fourth Addendum to Large User Agreement. Phase I included the transfer of 2.0 MGD west of University Drive. Phase II included the transfer of an additional 2.0 MGD. 2
'- 3. 2.53 MGD of Miramar's total flow transfer will be identified as debt service on all past projects. 1.47 MGD of Miramar's total flow transfer will be identified as debt service on the current wastewater treatment plant expansion. 4. Hollywood will receive 70% of Miramar's transferred flow and will be responsible for all of the associate costs, including past and future debt service. 5. Hallandale Beach will receive 30% of Miramar's transferred flow and will be responsible for all of the associate costs, including past and future debt service. 6. Hollywood and Hallandale Beach agree to share the costs resulting from the diversion of flow to Miramar' s wastewater plant, so that additional financial burden is not placed on the other Large Users as a result of the decrease in flow to the Southern Regional Wastewater Treatment Plant. Hollywood will be responsible for 70% and Hallandale Beach will be responsible for 30% of those costs. - 7. The parties have entered into this Addendum in good faith to cooperate with each other in order to fairly distribute Miramar's additional capacity to satisfy both Hollywood's and Hallandale Beach's needs. 8. Except as modified herein by this First Addendum, all terms in the Large User Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused these instruments to be executed the date and year first written above. 3
CITY OF HALLANDALE BEACH, FLORIDA \ CITY CLERK 85Jc ~ APPROVED AS TO FORM AND LEGALITY For the use of the City of Hallandale Beach, :::it:y6 ~ *...~***********************************************************... CITY OF HOLLYWOOD, FLORIDA ~~. MARA GIULIANTI, MAYOR APPROVED AS TO FORM AND LEGALITY For the use of the City of Hollywood, Florida only. (JL1rJi ALAN FALLlK, INTERIM CITY ATTORNEY 4
.. EXHIBIT B RELEASE OF ALL CLAIMS IN CONSIDERATION of payment in the amount of $1,940,000.00 and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the CITY of HALLANDALE ("Releasor"), its successors, assigns, officers, agents, employees, and attorneys, do hereby remise, release, acquit, satisfy, and forever discharge the CITY OF HOLL YWOOD ("Releasee"), its successors, assigns, officers, agents, employees, and attorneys, of and from (i) any claim of under-recording by the effluent meter at the Hollywood Regional Wastewater Treatment Plant prior to January 26,2003; and (ii) any claim that Releasor is entitled to funds, either directly or indirectly, from the Regional Wastewater System Debt Service Reserve.. 2007. IN WITNESSWHEREOF,we have hereunto set our hands and seal this Sth';nkrl9, CITY OF FLORIDA HALLANDALE BEACH, ~ tt ~5~ CITY ATTEST~ CLERK. ~. g~k 7~ Approved as to form & legality For the use and reliance of the.!j' ofh~h, Florida, only 5