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HomeMy WebLinkAboutCity of Tamarac Resolution R-2018-105Temp. Reso # 13161 August 3, 2018 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2018-�� A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, APPROVING A GROUND LEASE AND JOINT USE AGREEMENT WITH BROWARD COUNTY AND AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE THE SAID DOCUMENTS FOR THE CONSTRUCTION OF A 300 FOOT PUBLIC SAFETY RADIO TOWER AND GROUND EQUIPMENT FACILITY IN THE CITY HALL PROPERTY LOCATED AT 7525 NW 88T" AVENUE, TAMARAC, FLORIDA 33321 AT AN ANNUAL RENT OF $10 FOR A MAXIMUM TERM OF FIFTY (50) YEARS, PROVIDING FOR CONFLICTS, PROVIDING FOR SEVERABILITY, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on March 26, 1997 the City of Tamarac approved an Interlocal Agreement with Broward County to install public safety radio antennas on an existing monopole at the City Hall property, and WHEREAS, Broward County is currently implementing a major public safety radio system upgrade and the system design is calling for a 300 foot tower at this site; and WHEREAS, Broward County is proposing a Ground Lease and Joint Use Agreement to develop a new 300 foot tower and ground facilities to locate the new public safety radio system components at the same location; and WHEREAS, Broward County will pay the City's expenses to relocate the City's radio equipment currently residing on the existing 180 foot cellular tower and in the ground equipment shelter to the new 300 foot public safety radio tower and the new ground equipment shelter; and WHEREAS, the existing 180 foot public safety tower and the equipment shed shall be removed by Broward County and the site will be restored to its original condition; and WHEREAS, initial term of the proposed Lease Agreement is for ten (10) years with Temp. Reso # 13161 August 3, 2018 Page 2 four (4) automatic additional terms of ten (10) years each for a maximum of fifty (50) years at an annual rent of $10, and WHEREAS, the Director of IT and the City Manager recommend approval of the Ground Lease and Joint Use Agreement; and WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in the best interests of the citizens and residents of the City of Tamarac to approve the Ground Lease and Joint Use Agreement (attached hereto as Exhibit 1) with Broward County and authorize the appropriate City Officials to execute such documents to construct a 300 foot public safety radio tower and ground facilities in the City Hall Property at an annual rent of $10 for an initial term of ten (10) years with four (4) automatic ten (10) year extensions. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: That the foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution. All exhibits referenced herein are incorporated and made a specific part of this resolution. SECTION 2: The City Commission approves the Ground Lease and Joint Use Agreement with Broward County and authorize the appropriate City Officials to execute such documents to construct a 300 foot public safety radio tower and ground facilities in the City Hall Property at an annual rent of $10 for an initial term of ten (10) years with four (4) automatic ten (10) year extensions. SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. I- J Temp. Reso # 13161 August 3, 2018 Page 3 SECTION 5: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this 2o-day of , 2018. ATTEST: r' PATRICIA TEUFE CMC CITY CLERK I HEREBY CERTIFY THAT I HAVE APPROVED THIS RESOLUTION AS TO FORM A UEL S. GOREN CITY ATTORNEY A RY 6RESSLER MAYOR RECORD OF COMMISSION VOTE: MAYOR DRESSLER Y�1 DIST 1: COMM. BOLTON DIST 2: V/M GOMEZ DIST 3: COMM. FISHMAN YLe DIST 4: COMM. PLACKO zi GROUND LEASE AND JOINT USE AGREEMENT BETWEEN CITY OF TAMARAC AND BROWARD COUNTY This GROUND LEASE AND JOINT USE AGREEMENT ("Agreement") between the City of Tamarac, a municipal corporation of the Statof Florida, whose address is 7525 NW 88 Avenue, Tamarac, Florida 33321 ("City" ' Broward County, a political subdivision of the State of Florida, whose address.' ` South Andrews Avenue, Fort Lauderdale, Florida 33301 ("County")"' is entere�TJj e effective as of the date this 'ham Agreement is executed by County ("Effective County are hereinafter referred to collectively as the "Parties," and ually refer R:.. to as a "Party." A. City is the owner of e Property, below in Seen 2.1, located at 7525 NW 88 Avenue, Tamara" ida 33321. y B. City and County ent lease ' ement on March 26, 1997, whereby City agreed to Lease tc Co an ty ag to lease from City, a radio tower and equipme on a ion ropei`�rm ("Existing Monopole") to house telecom tionsing -quipm ess for County's emergency .k� ,ti communications n k ("Exi*Lease F. Comm C. Existi ` " ` no er sufficient for Count 's emergency rk. The Pa '' esi terminate the Existing Lease, and replace the Existing opole wit ne , dio tower to improve public safety radio �A . communica for City an'ounty -b` E. City es to se to County a portion of the Property in exchange for County to remove x;_ Monopole, and to develop, construct, and operate the Tower, as specifically' ' in Section 6.1 below, in accordance with the terms of this Agreement. AGREEMENT NOW, THEREFORE, in consideration of the mutual terms, conditions, and promises hereinafter set forth, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby agree as follows: 1. Recitals. The recitals set forth above are true, accurate, and fully 1 incorporated by reference herein. 2. Premises. 2.1 City is the owner of that certain real property, as more particularly described in Exhibit A, attached hereto and made a part hereof ("Property"). 2.2 City hereby leases to County, and County hereby leases from City, a portion of the Property, together wi,,x ,,anon -exclusive easements on property adjacent thereto and i ements thereon, as more particularly described in Exhi . attached hereto and made a part hereof ("Premises"). 3. Termination of Existing Lea.., zR 3.1 The Parties agree t e Existing Lease terminate on the Effective Date of this A .z ent a.;tia � �{ 3.2 City hereby County ? ove, at County's sole cost and expense, the �MonopV more particularly described in Exhibit C, whic�:jk d herein 3.3 a remo Hof th M pole, City shall relocate Is ' �.ng pu %c ications system from the fisting pole s Existin System") to the Premises in a Banc ith the Equipment Plans (as defined in Section 7 3) � rei se City for the reasonable costs and M + en 3 r suc hat ' no later than thirty (30) calendar days rec a certi r voice from City. 4. Term. The` of I � greement shall be effective for fifty (50) years commencin" the Effe . .e Da "' ("Initial Term"). Thereafter, the term shall automatically w every : (10) years upon the same terms and conditions ("Extended Term efore a Extended Term commences, either Party may deliver written notice to th a electing to end the term of the Agreement upon the expiration of the then" term ("Notice of Expiration"). The Notice of Expiration shall be delivered at lea 'ninety (90) calendar days before the expiration of the then - current Term. The Initial Term, and any Extended Term, are collectively referred to herein as the "Term." 5. Rent. County shall pay the total rent of Ten Dollars ($10.00) per year for this Agreement ("Rent"). The first payment of Rent shall be due within thirty (30) calendar days after the Effective Date. Rent for the subsequent years during the Term shall be due on each yearly anniversary of the Effective Date. 6. County's Use of Premises. 6.1 County and its employees, agents, and contractors ("County Representative(s)") shall use, access, and occupy the Premises for the purposes of constructing, maintaining, inspecting, repairing, removing, and operating a three -hundred (300) foot telecommunications tower, including antennas, radio equipment, an equipment building, a free-standing generator, a fuel tank, and other facilities necessary or useful to improve public safety radio communication services in the areas serviced by County ("Tower"). County's use of the Premises sh`'strictly limited to house the proposed County public s communications equipment, including the Tower ("Couna ent"), as described in the 5; County Equipment Plans (ems mined Wtection 6.2). 6.2 The County Equipm `-Fall be construe at County's sole cost and expense, and ire cordance with the plan depicted in Exhibit D, attached ho andaade a p �� hereof ("County Equipment fans"). I� "equipment Iled on the Premises s' ,# consiste the City's Code{ of Ordinances and Land De _ t Regula Any alterations or additions to the County Elans s require City's prior written approval, whichall r� (i) u14"sonably withheld, or (ii) r more (10 s dam"after City receives notice to ' proprati501 r additions. When such rations additior�I approve'i`by City, they shall become a w p2� f theunty Equi nt Plans. untji�11 con the �wer in such a manner so as to permit nsta n of the 's Existing System, as depicted in City Eq ent s (as defined in Section 7.3). County agrees to witFY y to provide certain conditions, as specified in the City Eq `' ent 06hs, for the City's Existing System. 6 4 K�-ounty " II be responsible for obtaining all necessary approvals, K� i d licenses required by any governmental authority for the Val of the Existing Monopole, construction and operation of thesunty Equipment, and related activities on the Premises. City agrees to cooperate with County's efforts to obtain such approvals, permits and licenses. City agrees to execute, within seven (7) calendar days of County's request, any consents required by any governmental authority as part of County's application for such approvals, permits, and licenses. As part of the approval process for the site plan and installation of the Tower, County agrees to assist City with outreach to community organizations, homeowner associations, and individuals to provide information and data 3 7 related to the proposed Tower. 6.5 County shall not use or occupy the Premises in violation of any law, ordinance, order, rule, regulation, or other governmental requirement, during the Term of this Agreement. City's Use of Premises. 7.1 City and its employees, agents, and contractors ("City Representative(s)") shall have use access of the Premises, as described in Section 9.3, to insta ntain, inspect, remove, and operate, at City's expense, a �'ent necessary for the City's Public Safety Network / Co 4 ons Systems, including the City's Existing System is ated to the Premises in accordance with Sectio "City Equi` t"). 7.2 City Equipment sh plong to City an all be installed, maintained, and opera n the mises of 's sole risk and obligation. ounty shal le for any age to City Equipment,''? theft, mis, riation, or loss th 'reof, except in the event of Y egligeni willful misconduct of County or County Repres" atian4 , 7.3 reby ap vest" "ngs; ns, and/or specifications chef eto as ; w tails the location and size of Equip�'�.>< t („City` ment Pla s"). Cit)r* 1 ` cos , expense, make necessary alterations ad to th` q` ment Plans with County's prior written val; Bch sha R t be (i) unreasonably withheld, or (ii) de for a than "(10) business days after County receives notic Cit roposed alterations or additions. When such alterati" ;h" or ad ns are approved by County, they shall become a part of': City Equipment Plans. City shall insure that any alterations or additions do n re with County's communication equipment. County may requites City to submit any documentation necessary for County to determine if its approval of the requested alterations or additions will interfere with County Equipment. 7.4.1 If the alterations or additions require more space than that designated in Exhibit E, City shall, at its sole cost and expense, (i) conduct a structural loading analysis and intermodulation study of the Tower with the altered or additional equipment; (ii) build necessary reinforcements for the altered or 4 additional load; and (iii) expand the structure that houses the City Equipment. 7.5 City and City Representatives shall only access the area on the Premises as specified in Exhibit E. 7.6 City shall comply with County's Change Management Request process, as set forth in Exhibit F, for any work, repair, installation or maintenance performed by City on the Tower. 7.7 City shall not use or access the ?"ses in violation of any law, ordinance, order, rule, re n, or other governmental requirement, during the Termed, ement. 8. Utilities. Each Party shall bedl,. tensible forftng its own share of the electricity cost for its equipment on the Pr s. The utilities a County Equipment and the City Equipment will be metered s' tely. �a- 9.1 Upon comple structiolWAhe Tower, County shall place a fence around es an I be solely responsible for x:- sec itv on the ises 9.2 my install "sys t its own cost and expense, k" onitor Tower'' g and wif' a responsible for notifying all t �` oper encies (i ACC and the FAA) on any failure of the w obs p. 9.3 Ac �f 1 .and City Representatives shall have access to City E ment mated on the Premises, excluding the Tower, TWo , twenty f {' (24) hours per day, seven (7) days per week, through ccess (s) controlled by County. xv, .2 City and City Representatives shall have supervised acce f m to the Tower during working hours (Monday to Friday 8:30am to 4:OOpm) by providing written notice to County at least forty-eight (48) hours before such access. Notwithstanding the foregoing, in the event of an Emergency, County shall provide supervised access to the Tower no later than two (2) hours after City submits the request for access; provided, however, that City and the City Representatives shall have immediate access to the Tower. The term "Emergency" shall mean any situation in which (a) there is a disruption or outage in the City Equipment on the 5 10 Tower; or (b) the City Equipment on the Tower poses an immediate threat to the Premises, or to the health and safety of any person. 9.3.3 County shall provide, at its sole cost and expense, all necessary personnel to provide the supervision associated with City's access to the Tower. 9.4 The Parties shall only allow access to the Tower by County Representatives and City Representatives that have (i) successfully passed a "Level 2" FDLE backgro check, and (ii) obtained all certifications and licenses requir appropriate governmental authorities in the applicable are 9.5 Subject to City's prior 4 n a al, which shall not be unreasonably withheldk delayed, compliance with all applicable laws, Co ' ay place, erktgdisplay, maintain, and operate any interior `01 erior signs at the ises in connection with the operation of they , er.A& Alterations. Im 10.1 County may ke' Premises with ty's bly it ' d or my structil cribedxhibit t Cou Equipm pro sp a.... re Baskoun �aues ���'-ke 0.2 ;tural 61Wtions or additions to the p co t, which shall not be exert that City preapproves al f the County Equipment as d subse4dbnt reconstruction of or repair n accordance with Exhibit D. City shall within ten (10) business days of uctural alterations or additions to the 10. Except for City Equipment, all structural alterations d ad ns to the Premises during the Term, including the nt� uipment and all other structures, facilities, fixtures, p ts, and other improvements ("Improvements"), shall immediately, upon being added to or incorporated in the Premises, remain the exclusive property of County. 10.2.2 The Improvements shall be installed, maintained, and operated on the Premises at County's sole risk and obligation. City shall not be liable for any damage to the Improvements, or any theft, misappropriation, or loss thereof, except in the event of any damage, theft, misappropriation or loss caused by City or City Representatives. 1.1 10.3 Personalty. 10.3.1 County may make nonstructural alterations or additions to the Premises without seeking consent from City. 10.3.2 Except for City Equipment, all nonstructural alterations or additions to the Premises during the Term ("Personalty"), shall be and remain the exclusive property of County.y; 10.3.3 Personalty shall on the Premises at County's be liable for any dame misappropriation, or Imo'}> damage, theft, mis ... ` ria, Representatives. R gibed, maintained, and operated nd obligation. City shall not o the Versonalty, or any theft, reof, a in the event of any )n or loss` sed by City or City 10.4 No later than four (4) years r zpiration or r termination of this Agre`"Removaf' d"), County shall, at its sole cost r and expense, its Impr►ents and Personalty from the Premises, and airy°image cbopd by such removal. 11. Repaira4> tl i W D IaceMOO Tj*40put the Term of this Agreement, County, at its sole Wand nse, shhe" vements, Personalty, and the Premises in good rand edition, Make all necessary repairs thereto. The term "repairs" shall de a replace renewals, alterations, additions, and betterments ed n 1junty, d shall include capital expenses. All repairs �# J' ty sFr t e at to"' bs ially similar in quality and class to the orig mrk, ordin "" <, ar tear ex City shall be responsible for the costs and ex " es associaf ith tair and replacement of the City Equipment. t� 12 urance. p' :a 12 P3���Uo the nt permitted by law, and without either Party waiving its , immunity or waiving any limits established by Section 7lorida Statutes, each Party is responsible for all personal injury°and property damage caused, either by commission or omission, by that Party or the officers, employees, or agents thereof. 12.2 Each Party acknowledges without waiving its right of sovereign immunity as provided by Section 768.28, Florida Statutes that each Party is self -insured for general liability under state law with coverage limits of $200,000 per person and $300,000 per occurrence, or such monetary waiver limits that may change and be 7 12.3 set forth by the Florida Legislature. Self-insurance and/or insurance requirements shall not relieve or limit the liability of either Party, except to the extent provided by Section 768.28, Florida Statutes. Both Parties reserve the right to require other insurance coverage that both Parties deem mutually necessary depending upon the risk of loss and exposure to liability. County and City shall require their contractors, while performing services on the Premises, to maintain commercial general liability insurance, automobile liability insurance, and workers' compensation insurance as req x Mt £ `and approved by County's Risk Department. All contract`all name City and County as additional insureds on th `Oh rcial general liability and automobile liability policies f The following shall co r and the Ily b es any of the other M. corions that this Agreement ,.- inc fareach continues for a period y recedes written notice from City, or be reasonably required if the cure in thirty (30) days but is timely )rosecuted. irrhall constitute a "City Default": City breaches any mars ;a r condition that this Agreement requires City to nd thW, reach continues for a period of thirty (30) days ceives written notice from County, or such additional day be reasonably required if the cure cannot be within thirty (30) days but is timely commenced and is rosecuted. 14. Remedies. 14.1 If a County Default occurs, as set forth in Section 13.1, then City may elect one of the following remedies: 14.1.1 Termination of this Agreement and County's right to possession of the Premises by giving written notice thereof, which termination will be effective upon the date specified in such notice; I or 14.1.2 Re-enter and take possession of the Premises, or any part of the Premises; expel County and those claiming a right to possession of the Premises through or under County from the Premises; and remove the Personalty on the Premises; or 14.1.3 Pay the amount or perform the obligation, which County has failed to do, without waiving any of its rights under this Agreement. 14.2 If a City Default occurs, as may immediately terminate thereof, which terminationj, in such notice.' 15. Liens. The Parties or their no power or authority to place any liens or upon the right, title, or interest,of City responsible for the satisfaction ym claiming by, through, or under e own actions, and shall be respone expenses, except as provided for in sPC enforce any provisi T Agreer��n Premises, which i subt f this A Party within ten (�`� usinessfys afte thereof, by bonding, p ent, atherwis tie�er ct to agre t it will ab1i�g frender expiraf f this Agree " t 17 anae in O °"""" rshi in Section 14.2, then County anent by giving written notice ON e upon the date specified loyees, agents, or ractors shall have o �encu � ances of find or character in to Premises. ies shall be 17 f , City the Premises during the Term of this Agreement, it I �ediately, together with the new owner(s), give County w r "W6tice regarding to whom and where future Rent shall be paid'"If either City or the new owner(s) fails to notify County, County shall withhold payment of Rent until such notice is received from both City and the new owner(s). The withholding of such Rent shall not be construed as a default under the Agreement. 17.2 The new owner(s) shall not have the right to use or access the Tower without County's prior written approval. 18. Environmental Contamination. E 18.1 City represents and warrants to County that as of the date of execution of this Agreement, neither City, nor to the best of City's knowledge, any third party, has used, produced, manufactured, stored, disposed of, or discharged any hazardous wastes or toxic substances in, under, or about the Premises during the time in which City owned the Premises. City covenants that it will not use, produce, manufacture, store, dispose of, or discharge any hazardous wastes or toxic substances in, under, or about the Premises (other than the normal and,", stomary petroleum products used in the operation of motor v or the back-up generator) during the Term of this Agre City shall be liable for any contamination that it causes'... or that predates the Effective Date of this Armor' ent. 18.2 County shall not pe a presence, h , ing, use, storage or transportation of ha us or toxic mate in or about the Premises, except in stri pliancy ith all la' dinances, rules, ::. regulations, orders and g i all govern .al authorities having juri and t plicable Board —of Insurance Underwriters +fly the Waste Regulations"). In no y a`^tiX event shall ha o xic ma s be disposed of in or about the Premises b� hall �e di s d of by means of a duly �zardou"waste{� se : County shall obtain and intairf'ughout u, ses and permits required in . nection Stith Coun ` ctivities vlfich may involve hazardous or t mated*. Coun;` .hall comply with all requirements of the Tox tions . luding, without limitation, the applicable „ quir s of 4 Florida Statutes, and any other federal, or ` statute, rdinance, code, rule, regulation, order, or de reg ' g, relating to, or imposing liability or standards of cond' ;once hazardous materials, waste, or substances now or at a e he " er in effect. 19. For "a'eur a fire, casualty, or other causes beyond the reasonable control of the Parti``' all or part of the Tower, Improvements, or Premises, then County shall re b fr .:>� damaged property. If County must rebuild the damaged property in accordance ' this Section, County shall not be responsible for repairing, replacing, or rebuilding any City Equipment. 20. Radon Gas. Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risk to persons who are exposed to it over time. Levels of radon that exceed Federal and State Guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from the County Public Health Unit. IM 21. Severability. In the event any part of this Agreement is found to be unenforceable by any court of competent jurisdiction, that part shall be deemed severed from this Agreement and the balance of this Agreement shall remain in full force and effect. 22. Law, Jurisdiction, Venue, Waiver of Jury Trial. This Agreement shall be interpreted and construed in accordance with and governed by the laws of the State of Florida. The Parties agree and accept that jurisdiction of any controversies or legal problems arising out of this Agreement, and any action involving the enforcement or interpretation of any rights hereunder, shall be exclusively in the state courts of the Seventeenth Judicial Circuit in Broward County, Floritid venue for litigation arising out of this Agreement shall be exclusively in suc = e courts, forsaking any other jurisdiction which either Party may claim by virtum`rc' y idency or other jurisdictional device. BY ENTERING INTO THIS AGRE -,,AND COUNTY HEREBY EXPRESSLY WAIVE ANY RIGHTS EITH < u ARTY M AVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RE L '-TO THIS AG'h ENT. IF A PARTY FAILS TO WITHDRAW A REQUEST F JURY TRIAL IN ' 't . WSUIT ARISING OUT OF THIS AGREEMENT AFTER WRI NOT z tBY THE' ER PARTY OF VIOLATION OF THIS SECTIO . THE PAR THE REQ FOR JURY TRIAL SHALL BE LIABLE F E REAS LE ATTORNEY FEES AND COSTS OF THE OTHER PAR ONTES THE REQUEST FOR JURY TRIAL, AND SUCH AMOUNTS �H ,., ` E AVi ,' ED BY THE COURT IN ADJUDICATING THE MOTION. 23. Noti For tice to e ctive under this Agreement, notice must be se _ U.S ti `plass m .h a conte poraneous copy via e-mail to the addresses listed r w ashall be ,ctive upon mailing. The addresses for notice sha as s" nles d until changed by providing notice of such c anc the ns' this Section. COUNTY- l3rdiko County A istra Gov9 ntal Cente ` w 115 So ndrews A . ue Fort Laud6' e, Flori 3301 Email Addresh n.broward.org With a copy to: Office of Regional Communications and Technology Broward County Director 115 S. Andrews Avenue, Room 325 Fort Lauderdale, FL 33301 Email Address: bbayag@broward.org e 11 Real Property Director Broward County 115 S. Andrews Avenue, Room 501 Fort Lauderdale, FL 33301 Email Address: pbhogaita@broward.org FnR C:ITY- Director of IT City of Tamarac 7525 N.W. 88th Avenue Tamarac, FL 33321-2401 ,AX", Email Address: levent.sucuoglu@Tmarac City Manager City of Tamarac 7525 N.W. 88th Avenue Tamarac, FL 33321-240 Email Address: michael. With a copy to: City Attorne Goren, Che 3099 E. Com Fort Lauderd; the public ' c Date. Upon" notice of termini deemed conclus force or effect. it ;1 County's sole cost, shall record this Agreement in te..r ;ou lorida within seven (7) days after the Effective this Agreement, City is hereby authorized to record a c records of Broward County, Florida, and such shall be at the Agreement has been terminated and no longer in 25. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the Parties hereto and their respective heirs, executors, administrators, successors and assigns. 26. Incorporation by Reference. Attached Exhibits A, B, C, D, E, and F are incorporated into and made a part of this Agreement. 27. Representation of Authority. Each individual executing this Agreement on behalf of a Party hereto hereby represents and warrants that he or she is, on the 12 date he or she signs this Agreement, duly authorized by all necessary and appropriate action to execute this Agreement on behalf of such Party and does so with full legal authority. 28. Counterparts. This Agreement may be executed in counterparts. Each executed counterpart will constitute an original document, and all of them, together, will constitute one and the same agreement. It shall not be necessary for every Party to sign each counterpart but only that each Party shall sign at least one such counterpart. [SIGNATURES AND EXHIBITS 13 IN WITNESS WHEREOF, the Parties have made and executed this Agreement on the respective dates under each signature: BROWARD COUNTY through its BOARD OF COUNTY COMMISSIONERS, signing by and through its Mayor or Vice - Mayor authorized to execute same by Board action on the day of , 20 , and CITY OF TAMARAC, signing by and through its City Manager, duly authorized to execute same by City Commission action on the day of 20 ATTEST: Broward County Administrator, as ex officio Clerk of the Broward County Board of County Commissioners Insurance requirements approved by Broward County Risk ent Division: In Name: Title: MI 1 NTY BROWARD , UNTY, by and ;I through rd of County Commis " ers as ftiftrm by rowar ry Angpey v n Ater, Suite 423 1 th � 6 .F�: +5 ai Andre Avenue Fo uderdale, Florida 33301 Tel ne: (954) 357-7600 ec.;s'.# r: (954) 357-7641 By: Irma Qureshi Assistant County Attorney By: (Date) Annika E. Ashton (Date) Senior Assistant County Attorney 14 GROUND LEASE AND JOINT USE AGREEMENT BETWEEN BROWARD COUNTY AND THE CITY OF TAMARAC. CITY ATTEST: CITY OF TAMARAC, by and through its City Manager CITY CLERK (CITY SEAL) day `' 20 BY CERTIFY tW, I have approved this ent as to form � 15