HomeMy WebLinkAboutCity of Tamarac Ordinance O-2008-001Temp. Ord. #2153
11-28-07
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CITY OF TAMARAC, FLORIDA
ORDINANCE NO.2008- 0/
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA; AUTHORIZING THE
MAYOR TO EXECUTE AND TO OTHERWISE ENTER
INTO THAT CERTAIN FRANCHISE AGREEMENT FOR
CONSTRUCTION, OPERATION AND MAINTENANCE OF
GAS SYSTEM FACILITEIS WITH TAMPA ELECTRIC
COMPANY D/B/A PEOPLE'S GAS SYSTEM; PROVIDING
FOR CONFLICTS; PROVIDING FOR SEVERABILITY;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Commission for the City of Tamarac ("City") recognizes that
the City and its residents need and desire alternative energy sources for their
businesses and residences; and
WHEREAS, the provision of alternative energy sources to businesses and
residences requires substantial investments of capital and other resources in order to
construct, maintain and operate facilities essential to the provision of such service in
addition to costly administrative functions, and the City does not desire to undertake to
provide such services; and
WHEREAS, Tampa Electric Company d/b/a People's Gas ("TECO") is a public
utility which has demonstrated ability to supply such services; and
WHEREAS, TECO desire to enter into a franchise agreement providing for the
payment of fees to the City in exchange for the nonexclusive right and privilege of
supplying natural gas and/or commingled gas and/or manufactured gas which is
distributed in pipes within the City, free of competition from the City, pursuant to the
terms and conditions contained in the franchise agreement; and
Temp. Ord. #2153
11-28-07
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WHEREAS, this Ordinance, upon adoption, shall be deemed to be consistent
with Section 7.19 of the Charter of the City of Tamarac, and shall, by its terms, approve,
and authorize the execution of the franchise agreement between the City of Tamarac
and Tampa Electric Company d/b/a People's Gas System for Construction, Operation,
and Maintenance of Gas System Facilities, and shall validate each of the terms,
conditions, and provisions of the franchise agreement; and
WHEREAS, the City Commission finds that entering into the franchise
agreement with TECO is in the best interest of the health, safety, and welfare of the
citizens and residents of the City of Tamarac.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA THAT:
SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and
confirmed as being true and correct and are hereby made a specific part of this
Ordinance upon adoption hereof.
SECTION 2: The franchise agreement attached hereto as Exhibit "A", which is
incorporated herein by reference, referred to as "Franchise Agreement for Construction,
Operation, and Maintenance of Gas System Facilities," be, and the same is hereby
accepted by the City Commission for the City of Tamarac.
SECTION 3: The Mayor of the City of Tamarac is hereby authorized and
directed, on behalf of the City of Tamarac to execute and to otherwise enter into the
Franchise Agreement for Construction, Operation, and Maintenance of Gas System
Facilities by and between Tampa Electric Company d/b/a People's Gas System.
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Temp. Ord. #2153
11-28-07
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SECTION 4: All Ordinances or parts of Ordinances, Resolutions or parts of
Resolutions in conflict herewith are hereby repealed to the extent of such conflict.
SECTION 5: If any provision of this Ordinance or the application thereof to any
person or circumstances is held invalid, such invalidity shall not affect other provisions
or applications of this Ordinance that can be given affect without the invalid provision or
application, and to this end the provisions of this ordinance are to be severable.
SECTION 6: This Ordinance shall become effective immediately upon adoption.
PASSED, FIRST READING this [}�4Y OF
PASSED, SECOND READING this J DAY
ATTEST:
MARION SWENSON, CMC
CITY CLERK
I HEREBY CERTIFY that
I have approved this
ORDINANCE as to form:
SAMUEL S." G(
CITY ATTORN
RECORD OF COMMISSION VOTE: 1ST Reading
MAYOR TALABISCO
DIST 1: V/M PORTNER
DIST 2: COMM. ATKINS-GRAD
DIST 3: COMM. SULTANOF
DIST 4: COMM. DRESSLER
61
RECORD OF COMMISSION VOTE: 2ND Reading
MAYOR TALABISCO
DIST 1: V/M PORTNER l._'l
DIST 2: COMM. ATKINS-GRAD
DIST 3: COMM. SULTANOF
DIST 4: COMM. DRESSLER
FRANCHISE AGREEMENT FOR
CONSTRUCTION, OPERATION AND MAINTENANCE
OF GAS SYSTEM FACILITIES
This Agreement to Construct, Operate and�aintain Gas System Facilities in the
City of Tamarac, Florida, is entered into on the :� day of r , 2008,
by and between: If
CITY OF TAMARAC, FLORIDA
a Florida Municipal Corporation
7525 NW 88"' Avenue
Tamarac, FL 33321
(hereinafter "GRANTOR")
and
PEOPLES GAS SYSTEM
A division of TAMPA ELECTRIC COMPANY
16101 West Dixie Highway
North Miami Beach, Florida 33160
(hereinafter "GRANTEE")
WHEREAS, it is in the public interest of the citizens of the City of Tamarac to
ensure that service areas within its corporate limits are adequately provided with high
quality gas service; and
WHEREAS, GRANTOR finds it in the public interest to retain control over the use
of public rights -of -way by providers of gas to ensure against interference with the public
convenience, to promote aesthetic considerations, to promote planned and efficient use of
limited right-of-way space, and to protect the public investment in right-of-way property
and public utility easements; and
WHEREAS, GRANTOR finds it in the public interest to attract bigb-quality
providers of gas and that this can be accomplished through reasonable regulation; and.
WHEREAS, GRANTOR finds that the granting of nonexclusive franchises is the
best means of assuring that the above -described interests of GRANTOR are promoted; and
WHEREAS, GRANTEE has indicated to GRANTOR that it is willing to undertake
the installation and operation of gas facilities pursuant to this franchise from GRANTOR;
and
WHEREAS, after due notice to the public, the City Commission of the City of
Tamarac held a public hearing affording all interested parties an opportunity to address the
City Commission concerning the granting of a non-exclusive franchise in the City of
Tamarac to GRANTEE; and
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WHEREAS, after the close of said public hearing and due deliberation, the City
Commission of the City of Tarnarac voted to award a franchise to GRANTEE; and
WHEREAS, the parties agree to this Franchise Agreement; now, therefore
IN CONSIDERATION of Ten and xx/ 100 Dollars ($10.00) in hand paid to
GRANTOR, together with the mutual covenants and agreements contained herein, the
parties hereto agree as follows:
Section L Acknowled meats.
1.01 The receipt and adequacy of the consideration afforded to and by both parties
is specifically acknowledged.
1.02 The above recitals are acknowledged and incorporated herein.
Section 2. Definitions.
2.01 For the purpose of this Agreement, the following terms, phrases, words,
abbreviations and their derivations shall have the meanings given herein:
(a) Facilities shall mean and include, but not be limited to, pipes, gas mains,
supply pipes, conduits, ducts and other means of conveyance of gas, for the
purpose of supplying gas, located or to be located in, under and/or over the
City of Tamarac, Florida.
(b) Gas shall mean natural gas and/or commingled gas and/or manufactured gas
which is distributed in pipes. It shall not mean bottled gas or any other fuel.
(c) Street shall mean the surface of and the space above and below any public
rights -of -way, road, bridge, highway, freeway, lane, path, public way or
place, alley, court, boulevard, parkway, drive or other casement now or
hereafter held by the City for the purpose of public travel as they now exist,
or as they may be established at anytime during the term of this franchise.
Section 3. Franchise.
3.01 For the term of this Agreement, GRANTOR hereby grants to GRANTEE a
non-exclusive franchise and a concomitant obligation to construct, operate and
maintain gas system facilities within the municipal boundaries subject to the
conditions set forth in this Agreement.
3.02 There is hereby granted to GRANTEE a non-exclusive right to erect, install,
extend, maintain, and operate a system of works, pipes, pipelines, and all necessary
apparatus, machinery, structures, and appurtenances in, on, and under the streets,
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alleys, avenues, easements, and other public ways and places within the limits of
the franchise for the purpose of transporting, distributing, and selling gas to
GRANTOR, its inhabitants and the public generally for domestic, commercial, and
industrial uses, and for any and all other purposes for which gas, during the period
of this grant, may be used, together with the right at times approved by GRANTOR
to enter upon the streets of said GRANTOR for the purpose of removing and
repairing said facilities or equipment.
3.03 This grant of authority is limited to GRANTEE and to the provision of gas
service. In the event GRANTEE desires to use its existing facilities, or construct
new facilities, in order to provide other services to existing or potential consumers
or resellers, GRANTEE must obtain additional and separate permission from
GRANTOR for such activities.
Section 4. Use and Maintenance of Public Rights-of-Wav and Public Utility
Easements.
4.01 GRANTEE's gas system facilities shall be located or relocated and so
constructed as to interfere as little as possible with existing sewers, water pipes,
electrical conduits, communications cables or other public utility service facilities.
The location or relation of all facilities shall be made after GRANTEE shall have
received and paid for all applicable permits and approvals and permissions from
GRANTOR and such other governmental entities as may be necessary, and shall be
subject to the supervision and approval of the City Engineer or such other
representative of the GRANTOR as may be designated by the City Manager,
provided that the GRANTOR shall not unreasonably interfere with the proper
location or operation of GRANTEE's facilities and services. In the event that
GRANTEE is acting in its proprietary function as a retail provider of gas
equipment, appliances, etc., GRANTEE shall obtain the appropriate building
permits from the GRANTOR's Building Division. GRANTEE shall cooperate with
the GRANTOR at all times by making available for review timely and complete
information regarding the location of its facilities and structures, along with such
maps including GIS, plats, construction documents and drawings as may exist or be
created from time to time.
4.02 GRANTEE shall, at its own expense, replace, repair and restore without delay
any sidewalk, street, alley, pavement, water, sewer or other utility line or
appurtenance, soil or dirt that may be damaged or displaced by GRANTEE in the
conduct of its operations, and shall restore the same to a condition equivalent to the
condition thereof immediately prior to the work and/or changes made by the
GRANTEE. GRANTEE shall notify the City .Engineer or other designated
representative of the GRANTOR, when repair, replacement or other work is being
conducted and is completed. GRANTEE shall take safety precautions to alert the
public of such work which may include, but is not limited to, barricades and signs.
Upon failure of the GRANTEE or GRANTEE's sub -contractors to: (a) place
barricades or signs around the work area within twenty four (24) hours; (b) take
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safety precautions to alert the public of such work within twenty four (24) hours;
and (c) fail to repair, place and restore any sidewalk, street, alley, pavement, water,
sewer or other utility line or appurtenance, soil or dirt, etc., after twenty (20) days
notice in writing shall have been given to the GRANTEE by the GRANTOR, or
alter twenty four (24) hours notice if the lack of repair or replacement, damage or
displacement by GRANTEE results in a dangerous or hazardous condition as
determined by the City Engineer or other representative of the GRANTOR, the
GRANTOR may do either of the following at its discretion:
(A) Withhold the issuance of further permits to the GRANTEE or GRANTEE's
sub -contractors until the affected rights -of -way aid/or public utility
easements are repaired or restored in accordance with the GRANTOR's
standards; or
(B) The GRANTOR may repair such portion of the sidewalk, street, or other
rights -of -way that may have been disturbed or damaged by the GRANTEE
or replace any excavation, and the cost to the GRANTOR of same plus a
sum equal to ten percent (10%) of said cost, to defray administrative and
engineering costs, shall be reimbursed to the GRANTOR by the
GRANTEE. The facilities of the GRANTEE shall not be set so as to
obstruct or interfere with the public uses of said streets, rights -of -way or
easements.
GRANTOR has the right to conduct emergency repairs to any facilities (other than
facilities of GRANTEE) damaged due to the fault or negligence of GRANTEE if
such damage harms or inconveniences the public at 100% of GRANTOR'S
reasonable cost.
4.03 GRANTOR shall not be liable to the GRANTEE for any cost or expense in
connection with such location or relocation of GRANTEE's facilities made
necessary by the GRANTOR's improvcmcnt of any of the present and future public
rights -of -way used or occupied by the GRANTEE hereunder except, however, the
GRANTEE shall be entitled to reimbursement of its costs as may be provided by
law.
Section 5. Term of Franchise.
5.01 Subject to the termination rights of the GRANTOR, this franchise shall remain
in full force and effect for a period of ten (10) years commencing on
-Ja. y�..._L,��- _ 2008 and extending to
2018; provided furthermore, that this franchise may
thereafter be 4newed at the option of the GRANTOR for an additional five (5) year
period upon the same terms, conditions and limitations imposed hereby. The
GRANTOR shall give notice to the GRANTEE of its intent to extend this Franchise
Agreement at the end of the first option period, which notice shall be delivered to
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the GRANTEE by certified mail, return receipt requested, not later than ninety (90)
calendar days prior to termination.
Section 6. Franchise Fee.
6.01 The GRANTEE, its successors and assigns shall pay monthly to the
GRANTOR, or its successors and assigns, for the privilege of operating a gas
system under this franchise a fee equal to six percent (6%) of GRANTEE's Gross
Receipts received by the GRANTEE, less any adjustments for uncollected accounts,
for the delivery of gas to customers within the GRANTOR's corporate limits.
Except for uncollected accounts, no deductions from or offsets to Gross Receipts
shall be permitted. The GRANTEE shall remit to the GRANTOR's Financial
Services Department the franchise fee payment monthly, along with remittance
forni to be prescribed and provided by the Director of Financial. Services and to be
sworn to by an official of the GRANTEE. The remittance form shall list monthly
and cumulative year-to-date Gross Receipts (based on the City's fiscal year,
including any equivalent value received) and compute the franchise fee by
multiplying the percentage rate times the Gross Receipts. The remittance farm shall
be signed and dated by the GRANTEE. The GRANTEE, its successors and
assigns, shall pay to the GRANTOR and its successors, an amount which, without
deductions (except for uncollected accounts), is equal to six percent (6%) of the
GRANTEE' s Gross Receipts for sale and transportation of natural gas to
residential, commercial and industrial customers within the corporate limits of the
GRANTOR. Payment for each month shall become due thirty (30) days after the
end of that month. The last monthly payment for each fiscal year shall be adjusted
to reflect any underpayment or overpayment by the GRANTEE of the sum required
to be paid to the GRANTOR.
6.02 In the event any monies due and owning under section 6.01 above are not
timely paid as specified therein, the GRANTOR may impose and the GRANTEE
agrees to pay, a late charge equal to one and one-half percent (1.5%) per month on
the unpaid balance. Should a dispute arise regarding the monies owed under
section 6.01, no late charge will apply to the amount in dispute unless ultimately
resolved against the GRANTEE.
6.03 Should any of GRANTEE's payments as required under this section be
delinquent for thirty (30) days, the GRANTOR may proceed under section 15
herein.
6.04 As a further consideration of this franchise, the GRANTOR agrees not to
engage in the business of distributing and/or selling natural, manufactured or other
gas during the life of this franchise or any extensions thereof in competition with
the GRANTEE, its successors and assigns.
6.05 If, during the term of this franchise, the GRANTOR, by Franchise Agreement
or Ordinance, allows other gas providers, gas consumers or gas transporters
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("Alternate Gas Providers") the right, privilege or franchise to construct, maintain,
operate or use gas facilities in, under, upon, over or across the present or future
streets, alleys, bridges, easements or other public places of the GRANTOR, for the
purpose of supplying or delivering natural, manufactured or other gas to consumers
located within the corporate limits of the GRANTOR or receiving such gas from a
person other than GRANTEE within such corporate limits, and imposes a franchise
compensation obligation or an equivalent on such Alternate Gas Provider for any
customer or class of customers that is less than that imposed with respect to the
same customer or class of customers under this Franchise Agreement, the franchise
compensation rate and/or base to which such rate is applied with respect to the same
class of customers shall be reduced under this Agreement so that the franchise
compensation paid hereunder for such customer class is not greater than the
franchise compensation payable by such Alternate Gas Provider under the
Franchise Agreement or Ordinance applicable to it, when compared on a
dollars -per -dollar basis. In the event that the GRANTOR determines not to impose
any franchise compensation by agreement, ordinance or otherwise on any such
Alternate Gas Provider, GRANTEE's obligation to pay a franchise lee with respect
to revenues derived from the provision of service to the involved class of customers
under this Agreement thereafter shall be extinguished.
6.06 GRANTEE has been informed that the electric franchise agreement that the
GRANTOR will be negotiated and renewed. GRANTOR. agrees that if the
renegotiated electric franchise agreement allows the franchise fee to be deducted for
taxes, licenses, permits and/or other impositions levied or assessed by GRANTOR
then GRANTEE shall be immediately allowed to deduct the same costs from its
monthly payment.
Section 7. Insurance.
The following insurance coverages shall be maintained:
7.01 Worker's Compensation ' p Insurance for statutory obligations imposed by
Worker's Compensation or Occupational Disease Laws, including, where
applicable, the United States Longshoremen's and Harbor Worker's Act, the Federal
Employers' Liability Act and the Jones Act. Employer's Liability Insurance shall be
provided with a minimum of one hundred thousand and xx/100 dollars
($100,000.00) per accident. GRANTEE agrees to be responsible for the
employment, conduct and control of its employees and for any injury sustained by
such employees in the course of their employment.
7.02 Commercial Automobile Liability Insurance for all owned, non -owned and
hired automobiles and other vehicles used by GRANTEE in the performance of the
obligations of this Agreement with the following minimum limits of liability with
no restrictive endorsements:
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$1,000,000.00 Combined Single Limit, per occurrence, Bodily Injury &
Property Damage
7.03 Comprehensive General Liabilit (occurrence form) with the following
minimum limits of liability with no restrictive endorsements:
$2,000,000.00 Combined Single Limit, per occurrence, Bodily Injury &
Property Damage
Coverage shall specifically include the following with minimum limits not
less than those required for Bodily Injury Liability and Property Damage
Liability:
(a) Premises and Operations.
(b) Independent Contractors.
(c) Product and Completed Operations Liability.
(d) Broad Form Properly Damage.
(e) Broad Form Contractual Coverage applicable to the Agreement and
specifically insuring the indemnification and hold harmless
agreement contained in the Agreement.
7.04 GRANTEE shall furnish requisite certificates of insurance and additional
named insured endorsement to GRANTOR's Risk Management Coordinator before
the effective date of this Agreement. Said certificates shall specifically call for no
cancellation without thirty (30) days prior written notice to the GRANTOR and the
GRANTOR's Risk Management Coordinator.
Neither GRANTEE nor any subcontractor of the GRANTEE shall commence work under
this agreement until GRANTEE has obtained all insurance required under this section and
has supplied the City with evidence of such coverage in the form of an insurance
certificate. The GRANTEE may meet any of the coverage requirements outlined above by
this Section 7 in whole or in part with self-insurance.
Section 8. Indemnification.
8.01 GRANTEE shall indemnify, defend, save and hold harmless, the GRANTOR
and all of its officers, agents or employees from all suits, actions, claims, demands,
liabilities, of any nature whatsoever, to the extent arising out of., because of or due
to breach of this Agreement by GRANTEE, its subcontractors, agents or employees
or due to any negligent or wrongful act or occurrence of omission or commission of
GRANTEE, its subcontractors, agents or employees, while engaged in any work
relating directly or indirectly to performance of this Agreement. Neither
GRANTEE nor any of its Subcontractors will be liable under this section for
damages arising out of injury or damage to persons or property directly caused or
resulting from the sole negligence of the GRANTOR or any of its officers, agents or
employees.
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8.02 Nothing in this Agreement waives or alters or is intended to waive or alter any
of the rights, privileges or immunities afforded to GRANTOR under Florida Statute
768.28 or the common law.
Section 9. Books and Records.
9.01 The GRANTEE shall keep, at the local office, records ot` gross receipts and
charges therefore, and the GRANTOR shall have the right to review those records.
Section 10. Point of Contact.
10.01 All dealings, contacts, notices, etc., between the GRANTEE and the
GRANTOR shall be directed by the GRANTEE to the Director of Public Works,
City of Tamarac, Florida, and by the GRANTOR to the designated representatives
of the GRANTEE.
Section 11. Independent Contractor Status.
11.01 GRANTEE is and shall at all times remain as to the GRANTOR a wholly
independent contractor. Neither the GRANTOR nor any of its officers, agents or
employees shall have control over the conduct of GRANTEE nor any of
GRANTEE's employees except as expressly set forth herein. GRANTEE shall not
at any time nor in any manner represent that it or any of its agents or employees are
in any way agents or employees of the GRANTOR.
Section 12. Compliance With „Applicable Laws.
12.01 GRANTEE shall comply with all federal, state and local laws and ordinances
applicable to the work or payment for work thereof, and shall not discriminate on
the grounds of race, color, religion, sex, disability, or national origin in the
performance of work under this Agreement.
12.02 GRANTEE specifically warrants that it has not employed or retained any
company or person, other than a bona fide employee working solely for
GRANTEE, to solicit or secure this Agreement, and that he has not paid or agreed
to pay any person, company, corporation, individual or firm any fee, commission,
percentage, gift or any other consideration, contingent upon or resulting from the
award or making of this Agreement. It is understood and agreed that the term "fee"
shall also include brokerage fee, however denoted.
12.03 For the breach or violation of this Section, the City Commission shall have
the right to terminate this Agreement without liability, and, at its discretion, to
deduct from the contract price, or otherwise recover, the full amount of such fee,
commission, percentage, gift or consideration.
Section 13. Assignment Limitation.
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13.01 The franchise hereby granted shall not be leased, assigned or otherwise
alienated or disposed of except with prior, express, written consent of the
GRANTOR which shall not be unreasonably withheld or delayed. Notwithstanding
the foregoing, the GRANTEE may, without consent of the GRANTOR, lease,
assign or otherwise alienate and transfer this franchise in connection with the lease
or sale of its gas facilities or upon its merger or consolidation with any other
corporation, or pledge or mortgage such franchise in connection with the physical
property owned and used by it in the operation of its gas facilities for the purpose of
securing payment of funds borrowed by the GRANTEE. GRANTEE shall provide
GRANTOR with notice of the aforementioned relating to the lease or sale of its gas
facilities.
Section 14. Revocation of Franchise.
14.01 Failure on the part of the GRANTEE to comply in any material respect with
any of the provisions of this Franchise Agreement, shall be grounds for termination
and forfeiture of this franchise, but no such termination shall take effect if the
reasonableness or propriety thereof is protested by GRANTEE until a court of
competent jurisdiction (with right of appeal in either party) shall have found that
GRANTEE has failed to comply in a material respect with any of the provisions of
this franchise, and the GRANTEE shall have three (3) months after the final
determination of the question, to make good the default before a termination shall
result with the right in City at its discretion to grant such additional time to
GRANTEE for compliance as necessities in the case require. In the event such a
protest is filed, GRANTEE shall continue to pay to City the franchise fee required
by this franchise.
The foregoing requirement shall apply even in the event that the franchise fee is the
subject matter of the protest.
14.02 Notwithstanding the foregoing, and at the sole option of the City the
adjudication of GRANTEE as bankrupt and in default on the payment of the
franchise fee shall be cause for immediate revocation of this franchise without the
benefit of public hearing.
14.03 in the event that either party shall become insolvent, make a general
assignment for the benefit of creditors, suffer or permit the appointment of a
receiver for its business or its assets or shall avail itself of, or become subject to,
any proceeding under the Federal Bankruptcy Act or any other statute of any state
relating to insolvency or the protection of rights of creditors, or become subject to
rehabilitation, then, at the option of the other party and immediately upon written
notice, this Agreement shall terminate and be of no further force and effect.
Section 15. Venue.
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15.01 Any claim, objection or dispute arising out of the terns of this Agreement
shall be litigated in the Seventeenth Judicial Circuit in and for Broward County,
Florida and the prevailing party to any resultant judgment shall be entitled to an
award of all reason -able attorney's fees, interest and court costs incurred by such
prevailing party against the losing party including reasonable appellate attorney's
fees, interest and taxable costs.
Section 16. Governing .Law.
16.01 The validity, construction and effect of this Agreement shall be governed by
the laws of the State of Florida.
Section 17. Entire Agreement.
17.01 This Agreement contains the entire understanding of the parties relating to the
subject matter hereof superseding all prior communications between the parties
whether oral or written, and this Agreement may not be altered, amended, modified
or otherwise changed nor may any of the terms hereof be waived, except by a
written instrument executed by both parties. The failure of a party to seek redress
for violation of or to insist on strict perfonnance of any of the covenants of this
Agreement shall not be construed as a waiver or relinquislunent for the future of
any covenant, term, condition or election but the same shall continue and remain in
full force and effect.
Section 1.8. Construction.
18.01 All words used herein in the singular form shall extend to and include the
plural. All words used in the plural form shall extend to and include the singular.
All words used in any gender shall extend to and include all genders.
Section 19. Severability.
19.01 Should any part, term or provision of this Agreement be by the courts
decided to be illegal or in conflict with any law of the State, the validity of the
remaining portions or provisions shall not be affected thereby.
Section 20. Notices.
20.01 All notices or other communications required by this Agreement shall be in
writing and deemed delivered upon mailing by certified mail, return receipt
requested, to the following persons and addresses, unless otherwise specified.
herein:
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GRANTOR: Jeffrey L. Miller, City Manager
City of Tamarac
7525 NW 88"' Avenue
Tamarac, Florida 33321
COPY TO: Samuel S. Goren, City Attorney
Goren, Chcrof, Doody & Ezrol, P.A.
3099 E. Commercial Boulevard
Suite 200
Fort Lauderdale, FL 33308
GRANTEE: Rick Wall, General Manager
South Florida Region
Peoples Gas System
A Division of Tampa Electric Co.
16101 West Dixie Highway
North Miami Beach, Florida 33160
COPY TO: Lance Horton, Director
Peoples Gas System
A Division of Tampa Electric Co.
Post Office Box 111
Tampa, Florida 33501-011 1
[REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK]
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IN WITNESS WHEREOF, the CITY OF TAMARAC and TAMPA ELECTRIC
COMPANY have caused these presents to be executed in their respective names, by the
proper officials, the day and year first above written.
ATTEST:
MARION SWENSON, City Clerk
State of Florida
County of Broward
CITY OF TAMARAC, a municipal
corporation organized and existing under the
laws of the State of Florida
BETH •
Mayor
Approved as to form:
By: l AI/tve
SA : EL S.'G11r,
N, City Attorney
The foregoing instrument was acknowledged before me, the undersigned Notary
Public in and for the State of Florida, on this, the o234day of ,
2008, by Marion Swenson and Beth Flansbaum-Talabisco, C11K Clerk and Mayor,
respectively.
/ Q-.: -, *
NOTARY PUBLIC -STATE OF FLORIDA
Patricia A. Teufel Notary Public, State of Florida
i Commission #DD684007 Printed, typed or stamped name of Notary
Expires: AUG. 25 2011
BONDED MRUATLANTIC BONDING CO, INC. Public exactly as commissioned
Individual who signed is personally known:
no identification produced; oath was taken
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PEOPLES GAS SYSTEM
William N. Cantrell, President
State of
County of
On this, the day of , 200� before me, the undersigned Notary
Public of t e `�on the fore oing instrument was acknowledged by
fate of F
(name and title), on behalf of the
corporation.
WITNESS my hand
and official seal
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Expires 0212U2010
SSG:mP
H:\2005\050164'1'AMARAC\AC'�MTS\1'LCO Agreement 8-24-07.doc
WNC Page 13
tary Public
Printed, typed or stamped name of
Notary Public exactly as
commissioned
ersonall known to me or
ced idcnti In
ion:
Did take an oath, or
Did not take an oath