HomeMy WebLinkAboutCity of Tamarac Resolution R-86-114Introduced by A Temp. Reso. #4081
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CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-86-&Z
A RESOLUTION OF THE CITY OF TAMARAC AUTHORIZING
APPROPRIATE CITY OFFICIALS TO EXECUTE LENSES
FOR WASTEWATER CAPACITY WITH THE CITIES OF
POMPANO BEACH AND DEERFIELD BEACH AND WITH
BROWARD COUNTY; APPROVING THE FORM OF SAID LEASE
AGREEMENTS: AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Tamarac is committed to
dispose of the municipal wastewater through the Broward County Wastewater
Facility; and
WHEREAS, capacity in the Broward County Wastewater Facility will not
be available to Tamarac until there is an expansion of the Wastewater Treatment
Facility in 1991; and
WHEREAS, the City of Tamarac desires to lease wastewater capacity from
large users with excess wastewater capacity.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
TAMARAC, FLORIDA:
SECTION 1: The appropriate City Officials are hereby authorized to
execute leases for excess wastewater capacity with the cities of Pompano Beach
and Deerfield Beach and Broward County.
SECTION 2: That the terms and conditions and form of said lease (a
copy of which is hereby attached)are hereby approved.
SECTION 3: That this Resolution shall became effective immediately
upon passage.
PASSED, ADOPTED AND APPROVED this day of 1986.
ATTEST:
CITYACLERK
I HAY CERTIFY that I have
ap th correct-
ess of h s WiTI
CITY A
MA R
RECORD OF COUNCIL VOTE
MAYOR: HART
DIST. l: C/W MASSARO -.-
DIST. 2: C/M STELZER
DIST. 3: C/M GOTTESMAN
DIST. 4: V/M STEIN -.
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LEASE AGREEMENT
WASTEWATER TREATMENT CAPACITY
THIS LEASE AGREEMENT, made this day of April,
1986, by and between the CITY OF POMPANO BEACH, a municipal cor-
poration in the State of Florida, hereinafter referred to as the
LESSOR, and CITY OF TAMARAC, a municipal corporation in the State
of Florida, hereinafter referred to as LESSEE;
WITNESSETH:
WHEREAS, the LESSOR is a designated large user within
the Broward County North Regional Wastewater System; and
WHEREAS, the LESSOR has executed a Large User Agreement
- and has 15 mgd. of capacity in the Broward County North Regional
Wastewater Facility; and
WHEREAS, the LESSOR has determined that for a period of
time it has excess capacity in the said Broward County North
Regional Wastewater Facility which it could lease to LESSEE; and
WHEREAS, the LESSEE is seeking to secure capacity in the
Broward County North Regional Wastewater Facility until such time
as -said Facility is expanded; and
WHEREAS, LESSEE is willing to enter into a Lease
Agreement for any excess capacity which the LESSOR determines it
may have available.
NOW, THEREFORE, BE IT HEREBY AGREED as follows:
SECTION 1: CAPACITY
The LESSOR agrees to lease to the LESSEE
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2.00 mgd. of treatment capacity in the Broward County North
Regional Wastewater Facility.
SECTION 2: TERM
The LESSOR agrees to lease to the LESSEE
this 2.00 mgd. capacity until December 13, 1991 or until the
County is able to provide the LESSEE With capacity in the
Facility through its expansion program, whichever shall first
occur.
SECTION 3: CONSIDERATION
The LESSEE shall pay to the LESSOR the sum
of per month for the 2.00 mgd. of capacity,
which sum equals the cost of the capacity due from the LESSOR to
Broward County under the terms and conditions of the aforemen-
tioned Large User Agreement.
SECTION 4: AGREEMENT WITH BROWARD COUNTY
There is attached hereto and made a part
hereof an Agreement between the LESSEE and Broward County in
which Broward County agrees to provide for treatment of the
LESSEE'S wastewater. The terms and conditions of that Agreement
and all the warranties provided in said Agreement by the LESSEE
shall inure to and benefit the LESSOR herein.
SECTION 5: INDEMNIFICATION
The LESSEE during the term of this Agreement
agrees to indemnify and hold harmless the LESSOR from any of its
obligations to Broward County under its Large User Agreement to
the extent of the amount of capacity leased as set forth in
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Section 1 above.
SECTION 6: CANCELLATION OF LEASE
The parties acknowledge that the LESSEE is
making a substantial investment in the transmission system of the
Broward County North Regional Wastewater System in order to faci-
litate the transfer of untreated wastewater from LESSEE to the
Broward County Wastewater Treatment Facility. The parties also
acknowledge that the LESSOR is making a voluntary commitment of
its excess capacity to the LESSEE in order to provide LESSEE with
a benefit which LESSEE has not contracted for. Neither LESSOR
nor LESSEE will attempt to cancel this Agreement unless or until
Broward County agrees to provide LESSEE with alternate capacity.
SECTION 7: EFFECTIVE DATE
The LESSEE'S obligation to pay consideration
for the 2.00 mgd. capacity leased herein shall begin on the lst
day of the month immediately following the execution of this Lease.
SECTION 8: DELIVER OF CAPACITY
The capacity leased hereby shall be
available to the LESSEE when the transmission system is in place
and the County is ready to accept LESSEE'S untreated wastewater.
SECTION 9: IMPOSSIBILITY OF PERFORMANCE
LESSEE'S obligation to pay consideration
will cease if for no fault of the LESSEE Broward County or any
other regulatory agency refuses to allow or approve LESSEE'S pro-
posed plan for treatment of its wastewater.
SECTION 10: ENTIRE AGREEMENT
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This represents the entire Agreement bet-
ween the parties, and addition will be required to be in writing
and executed in the same manner.
IN WITNESS WHEREOFr LESSOR and LESSEE have hereunto exe-
cuted this Lease and affixed there respective seals this
day of April, 1986.
ATTEST:
CITY CLERK
APPROVED:
CITY ATTORNEY
ATTEST:
CITY CLERK
APPROVED:
CITY, ATTORNEY
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LESSOR:
CITY OF POMPANO BEACH
MAYOR
CITY MANAGER
LESSEE:
CITY OF TAMARAC
MAYOR
CITY MANAGER
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