Fort Walton Beach Council agenda — 06-09-09 regular — reading text

Supervisor dovennoe@co. okaloosa. fl.us 850 -651 -7141  Appendix G Uver Charge Tahlevfor Okraloosii O)tinij, Water & Setiver Liver Chtirge 0- rdinance inter-Utility Emergency Water Rates Rates for Utilities that have Inter-Local agreements with Okaloosa County Water and Sewer for Emergency Water Service: 1. Water Consumption will be billed at the rate of $ 1. 00 per 1, 000 gallons. A-7  CITY COUNCIL MEETING June 9, 2009 Discussion - Direction - Action Resolution 2009 -20 - adopting Wastewater Treatment Interlocal Agreement Backup Forthcoming) Information received after agenda went to print - these pages are not numbered sequentially Agenda Item Number: 8.4. 1 I RESOLUTION 2009 -20 2 3 4 A RESOLUTION OF THE CITY OF FORT WALTON BEACH, 5 FLORIDA, ACCEPTING THE WASTEWATER SERVICE 6 INTERLOCAL THE CITY OF FORT AGREEMENT BETWEEN 7 WALTON BEACH AND OKALOOSA COUNTY; AND SETTING 8 AN EFFECTIVE DATE. 9 10 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT 11 WALTON BEACH, FLORIDA AS FOLLOWS: 12 13 1. Intent 14 The City has a responsibility to provide wastewater services to its citizens as 15 efficiently as possible. The City Council has determined that it is in the best 16 interests of the City's citizens for Okaloosa County to provide wastewater 17 treatment and disposal services and reclaimed water within the City Service 18 Area. The City has negotiated a Wastewater Service Interlocal Agreement with 19 Okaloosa County, a copy of which is attached to this resolution, by which 20 Okaloosa County will provide wastewater treatment and disposal services and 21 reclaimed water to existing and future customers within the City service areas. 22 The Wastewater Service Interlocal Agreement shall remain in effect for a period 23 of thirty ( 30) years and shall be automatically extended for up to two additional 24 terms for a period of ten ( 10) years for each extension term. 25 26 2. Acceptance & Authorization 27 Therefore, the City Council hereby accepts the Wastewater Service Interlocal 28 Agreement and authorizes the Mayor to execute the Wastewater Service 29 Interlocal Agreement on behalf of the City. 30 31 3. Effective Date 32 This resolution shall take effect immediately upon approval by the City Council. 33 34 35 36 Adopted: 37 Mike Anderson, Mayor 38 39 40 41 Attest: Approved for form and legal sufficiency: 42 43 44 45 Helen Spencer, City Clerk Toni L. Craig, City Attorney Message Page 1 of 1 Brandy Wunker From: Toni Craig [ tonicraig @cox.net] Sent: Friday, June 05, 2009 10: 09 AM To: Brandy Wunker Subject: RE: Resolution 2009 -20 The attached revised resolution is legally sufficient. Thank you. Toni L. Craig Attorney at Law Fla Bar No 115444 850) 243 -6969 www.tonicraig.info From: Brandy Wunker [ mailto: bwunker@fwb.org] Sent: Friday, June 05, 2009 9: 08 AM To: Toni Craig Subject: Resolution 2009 -20 Importance: High Please review as soon as possible.... Thanks. Please Note: Florida has a very broad public records law. Most written communications to or from City of Fort Walton Beach officials are public records available to the public and media upon request. Your e -mail address and communications may therefore be subject to public disclosure. Think Green - Please consider the environment before printing this e -mail. No virus found in this incoming message. Checked by AVG - www.avg. com Version: 8. 5. 339 / Virus Database: 270. 12. 53/ 2155 - Release Date: 06/ 05/ 09 06:24: 00 6/ 5/ 2009  CITY COUNCIL MEETING June 9, 2009 Discussion - Direction - Action Approve Master Loan Lease with Agricredit Synopsis: Execution of this Master Lease will provide funding for the City Council approved golf cart provider, Club Car Information received after agenda went to print - these pages are not numbered sequentially 8.5 Agenda Item Number:  Page 1 of 2 Carole Jones From: Brandy Wunker Sent: Thursday, June 04, 2009 4:21 PM To: Carole Jones Subject: FW: FYI — for Golf Carts agenda item. Thank you, Brandy L. Wunker Finance Director City of Fort Walton Beach 850) 833 -9512 850) 685 -5495 Cell 850) 833 -9640 Fax Original Message---- - From: Toni Craig [ mailto: tonicraig@cox. net] Sent: Thursday, June 04, 2009 4: 07 PM To: Brandy Wunker Subject: RE: We got approval to negotiate at bid award, so, just approval of the leasing document. However, we still need another agreement with Club Car that binds them to pay off the CitiCapital lease. I have to review the document and draft a contract. Toni L. Craig Attorney at Law Fla Bar No 115444 850) 243 -6969 www.tonicraig. info From: Brandy Wunker [ mailto: bwunker@fwb. org] Sent: Thursday, June 04, 2009 3: 53 PM To: Toni Craig Subject: RE: Importance: High To go on the agenda, does this need to be a Resolution or just approval of the agreement? Thank you, Brandy L. Wunker Finance Director City of Fort Walton Beach 850) 833 -9512 850) 685 -5495 Cell 850) 833 -9640 Fax Original Message---- - From: Toni Craig [ mailto: tonicraig @cox. net] Sent: Thursday, June 04, 2009 3: 50 PM To: c. m. braun @delagelanden. com Cc: Brandy Wunker; Robert Mearns; Jeff Peters Subject: Mr. Braun 6/ 4/ 2009  Page 2 of 2 I appreciate your telephone call this afternoon; it seems easier when attorneys can speak jargon among themselves. This is my original redacted version of the Master Lease. Pursuant to our conversation, you will attempt to have to us, by Monday June 8, a finalized document that incorporates the revisions upon which we tentatively agreed. Thank you. Toni L. Craig Attorney at Law Fla Bar No 115444 Board Certified, City, County, Local Government Law PO Box 2917 Fort Walton Beach FL 32549 850) 243 -6969 Fax: ( 850) 244 -8929 www.tonicraig. info_ Marital & Family Law Local Government Law CONFIDENTIALITY NOTICE: This email is intended only for the use of the addressee. If you received this email in error, please notify me immediately, delete the email from your computer and do not copy or disclose it to anyone else. if you are not an existing client of Toni L. Craig, Attorney at Law, do not construe anything in this email as legal advice or to make you a client. Do not disclose anything to me in any reply that you expect to be kept confidential. if you are a client, you should keep the contents of this email confidential to preserve the attorney -client or work product privilege. Please Note: Florida has a very broad public records law. Most written communications to or from City of Fort Walton Beach officials are public records available to the public and media upon request. Your e -mail address and communications may therefore be subject to public disclosure. Think Green - Please consider the environment before printing this e- mail. No virus found in this incoming message. Checked by AVG - www. avg. com Version: 8. 5. 339 / Virus Database: 270. 12. 52/2153 - Release Date: 06/ 04/09 05: 53:00 6/ 4/ 2009  de lage landen LA-9-rcredit delsgebinden% MASTER LEASE i LOAN AGREEMENT ( Golf Equipment) Date of Master Lease / Loan Agreement: Master Lease/ Loan Agreement Number: TO OUR VALUED CUSTOMER: This Master Lease / Loan Agreement ( "Agreement') has been written in "Plain English." The words You and Your are used in this Agreement to mean the Borrower identified below. The words We, Us and Our are used in this Agreement to mean the Lender who is Agricredit Acceptance LLC, 8001 Birchwood Court, P.O. Box 2000, inhnnton IA 50131 and arm of ni v affiliatPS subsidiaries, successors and assigns. Full Legal Name: Citv of Fort Walton Beach, a Florida Municipality _ Deleted: BORROWER Mailing Address: Post Office Box 4009 Fort Walton Beach. FL 32549 -4009 PAYMENTS You agree to make all Payments ( as defined below) due under each Lease and /or Loan to Us at P. O. Box 9263, Des Moines, IA 50306 -9263 or at such other address as We may designate from time to time. INSURANCE 8 TAXES You are required to provide and maintain insurance related to the equipment and other items described in the Lease or Loan ( the "Equipment'), and to pay any property, use, sales, excise, and other taxes related to this Agreement, any Schedule ( as defined below) or any Equipment and to pay all license and registration fees assessed against this Agreement, any Loan, Lease or any Equipment. ( See Section 2 and 4 of this Agreement). If You are tax- exempt, You agree to furnish Us with satisfactory evidence of Your exemption. DELINQUENT PAYMENTS AND RETURNED CHECK CHARGE Each payment past due more than 10 days shall be subject to a late charge accrued at a rate equal to 1. 75% per month from the due date until paid or $1, whichever is greater, but in no event shall any late charge exceed the maximum amount allowed by law. If any check or payment is returned or rejected for insufficient funds or any other reason, You shall pay to Us a fee of $25.00 or such other amount established by Us from time to time not to exceed the maximum amount permitted under applicable law. Such amount shall be paid on demand. TERMS AND CONDITIONS Page 1 of 4 AAC 4833 —golf (04109)  1. Master Agreement. This Agreement allows You and Us to enter into both Lease 5. Risk of Use, Damage and Destruction. You assume all risk, from the time of Schedules on the form identified in Exhibit A ( each a " Lease ") and Loan Schedules on acceptance of the equipment , prising_ from_ fhe possession and --operation_ of_ the _ -__ Deleted: the form identified in Exhibit B ( each a " Loan ") (collectively, all Leases and Loans may be Equipments _!Fl the event of the theft, destruction or other total loss with respect to an referred to herein as