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HomeMy WebLinkAboutSouth Seminole and North Orange Wastewater Transmission Authority Reassignment Agreement 1981REASSIGNMENT OF INTERGOVERNMENTAL AGREEMENT /_,~./This Intergovernmental Agreement made and entered as of the ~~ day o ~~ ~, 1981, by and between the South Seminole and North Orange County Wastewater Transmission Authority, a • political subdivision of the State of Florida, hereinafter referred to as the "Authority", and Winter Springs, Florida, a municipal corporation created and existing under the laws of Florida, hereinafter referred to as the "Customer". W I T N E S S E T H WHEREAS, Orlando and the Cities of Casselberry, Winter Park, Winter Springs and Maitland, the County of Seminole and General Waterworks Corporation, a private corporation, hereinafter referred to as "Customers" have, for several years, cooperated with each other and with state and federal agencies in the planning and development of a regional wastewater treatment and disposal facility; and WHEREAS, in order to evidence their respective understandings they have, from time to time, executed intergovernmental agree- ments and addenda thereto (hereinafter referred to as "Inter- governmental Agreements") outlining (but necessarily often in general language) their respective rights, covenants and obliga- tions with respect thereto; and WHEREAS, the Authority was created by Chapter 78-617, Laws of Florida, Special Acts of 1978, to function as the agency through which the wastewater generated in areas served by the Customers will be transmitted to the regional treatment facility; and WHEREAS, the Intergovernmental Agreements between Orlando and the Customers have been .assigned by the Customers except for Winter Park and General Waterworks Corporation to the Authority with the written consent of Orlando with the exception of the Intergovernmental Agreement between Orlando•and Seminole County dated June 8, 1977 and amended December F, 1977; and WHEREAS, such assignments, if given full effect would vest in the Authority certain powers- and rights which should properly be retained by the Customers; and • WHEREAS, a new Intergovernmental Agreement has been or, before this Agreement becomes effective, will be executed between the Authority and Orlando and uniform agreements shall be entered • into between the Authority and each of the present Customers. • NOW, THEREFORE, in consideration of the benefits to flow i;om each to the other, the parties hereto do mutually .agree as follows: SECTION 1. The Intergovernmental Agreements assigned to the Authority by the Customer by assignment dated the 16th day of November, 1978, and all rights and obligations arising therefrom are hereby reassigned to and accepted by the Customer. SECTION 2. All obligations•of the Customer and the Authority to each other arising from the assignment to the Authority of the Intergovernmental Agreements heretofore made between Orlando and Customer and the acceptance and approval of such assignment are, by operation of this Agreement, forever released, satisfied and discharged, but this release shall not discharge any obligations between Orlando and any Customer, arising from such Agreements, and nothing herein shall impair the obligations and Agreements between the City of Orlando and Seminole County. SECTION 3. Nothing herein shall be construed so as to impair the full performance of the covenants of the Customer contained in its contracts with the Holders of Outstanding Bonds of the Customer. SECTION 4. This assignment and release shall be effective only if, and when, consented to in writing by the City of Orlando. 2 IN WITNESS WHEREOF, the/~~Jparti~~~~es hereto have made and executed this Agreement as of L{!L.lif..Zl ; 19~~, but actually executed by the parties hereto on ~.uLC .k~ % ~ 198. SOUTH 5EMINOLE & NORT ORANGE COUNTY WASTEWATER TRANSMISSI AUTHORITY (SEAL) - _ - "" By ~. - __ Chaff n ATTEST: Exe..utl~~Director CITY OF kINTER SPRINGS, FLORIDA (SEAS) _ - / - _ yor -_ ATTE:SY _ - City Clerk Approved as to form and legality: ~~ ~~~~ ~~ `, City Attorney The City of Orlando, Florida, hereby consents to the fore- going assignment and release, this ~~ day of , 1981. CITY OF ORLANDO, FLORIDA (SEAL) - ayor ro eM A3TEST: ''-~/1) /J ~ - Ci`tp/!C~-le~ Approved asf~to f,~o~rm~and legality: /j.S~/;C1ty Attorney, City of Orlando ,TAN~ARr /~;'/9dZ