HomeMy WebLinkAboutCity of Tamarac Resolution R-87-30711
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Temp. Reso. #4776
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-87-.
A RESOLUTION APPROVING AND AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO EXECUTE AN
AMENDED LEASE AGREEMENT BETWEEN BROWARD
COUNTY, FLORIDA AND THE CITY OF TAMARAC
REVISING A PRIOR AGREEMENT WITH BROWARD
COUNTY PERTAINING TO THE CITY OF TAMARAC
LEASING .9 MGD OF WASTEWATER TREATMENT AND
TRANSMISSION CAPACITY RATHER THAN 1.5 MGD OF
TREATMENT AND TRANSMISSION CAPACITY;
PROVIDING FOR SEVERABILITY; PROVIDING FOR
REPEALER; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Tamarac has determined that it is
no longer necessary to Lease 1.5 mgd's of wastewater
treatment and transmission capacity from Broward County and
that it is only necessary to lease .9 mgd of same.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF TAMARAC, FLORIDA:
SECTION 1 : That the Lease Agreement dated May 27, 1986
pertaining to wastewater treatment and transmission capacity,
copy of which is attached hereto and made part hereof as
Exhibit "A", shall be amended in full so that the Amended
Lease Agreement, attached hereto and made part hereof as
Exhibit "B", shall fully replace same.
SECTION 2 : That the appropriate City Officials are
hereby authorized to execute said Amended Lease Agreement as
set forth in Exhibit "B" hereof.
SECTION 3 : All Resolutions or parts of Resolutions in
conflict herewith are hereby repealed to the extent of such
conf 1 is t .
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SECTION 4 : If any provision of this Resolution or the
application thereof to any person or circumstance is held
invalid, such invalidity shall not affect other provisions or
applications of this Resolution that can be given affect
without the invalid provision or application, and to this end
the provisions of this Resolution are declared to be sever-
able.
SECTION 5 : This Resolution shall become effective
immediately upon its passage.
PASSED, ADOPTED AND APPROVED this��day of y 1987.
" BE RD HA T"
MAYOR
ATTEST:
CAROL E. BARBUTO
CITY CLERK
I HEREBY CERTIFY that I have
approved this RESOLUTION as
to form.
AA
/n- r
RICHARD M. REDNOR
ACTING CITY ATTORNEY
SM
MAYOR: HART..,
DIST. 1: C/M ROHR .._...
DIST. 2: C/M STELZER
DIST. 3: C/M HOFFMAN
DIST, 4: V/M STEIN ,.._
it /71
Sd-
F7-3o7 "
r � ASE AGREEMENT EMENT
WA5TEWATER TREATMENT CAPACITY
A. THIS LEASE AGREEMENT, made this 2 // day of 4�
19 J�, by and between hBROWARD ereinafter refeN ed,to a� theALESSOQR�ical bdivision
d
of the State of Florida,
AND
The CITY OF TAMARAC, a municipal corporation in the State of
Florida, hereinafter referred to as LESSEE.
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 for
reserve capacity in the Broward County North Regional Wastewater Facility;
and
WHEREAS, the LESSOR has determined that for a period of time it
has sufficient reserve capacity in the said Broward County North Regional
Wastewater macLESSOR Sto ermit it to lease reserve capacity •5 mgd of t LESSEEtfortment and the period of time 1s
ion
Capacity from set
forth herein; and
WHEREAS, there facilities )so is for lease sufficient
uncommitted capacity
in the
existing transmission LESSEE of ane additional 20 mgd of
transmission capacity in the facilities; and
WHEREAS, the LESSEE is seeking to secure capacity in the Broward
County North Regional Wastewater Facility for the period of time set forth
herein; and
` WHEREAS, LESSEE is willing to enter into a Lease Agreement for
1.5 mgd of treatment and transmission capacity from LESSOR'S reserve
capacity which the LESSOR determines it has available for the period of time
referred to herein and 2.0 mgd of uncommitted transmission capacity;
W I T N E S S E T H, that, for and in consideration of the mutual
terms and conditions, promises, covenants and payments hereinafter set
forth, LESSOR and LESSEE hereby agree as follows:
E
Fx j4 1 I,
SECTION 5
CANCELLATION OF LEASE
The LESSEE shall construct all transmission facilities neces
LESSEE
facilitate the transfer of the untreate wastewater from
Broward Count Wastewater Treatment Facilit Such transmissian f
shall be constructed in accordance with lans approved by the director
roward County Utilities Division and, upon completion, such faciliti
e given to Broward County, a an wit a easemen s`aeemed-appropr
the director of the Broward Count Utz ities ivis on for-maintainin
acilities. The said aciliLies and easements sHall 66 given -to Broward
wit out c arge, expense or cost.
SECTION 6
EFFECTIVE DATE
ci
at1u
The LESSEE's obligation to pay Consideration for the .1.5 mgd f
treatment and transmission capacity from LESSOR'S reserve capacity lemed
herein and the 2.0 mad of uncommitted transmission capacity shall bLagin on
the first day of the month immediately following the execution of this Lease.
Payments shall be made on the first day of each succeeding month.
SECTION 7
DELIVERY OF CAPACITY
The reserve capacity leased hereby shall be available to the LE E
when the transmission system is in place and the County is ready t all c Pt
LESSEE'S untreated wastewater, however LESSEE shall not utilize s c e-
serve capacity until it has given LESSOR at least seven (7) days wit en
notice of its intent to do so.
SECTION 8
TERMINATION
This Lease Agreement shall terminate if, for no fault of the LM E,
Broward County or any other regulatory agency refuses to allow or ap5rove
LESSEE'S proposed plan for treatment of its wastewater, or, at the Optiorl of
the LESSOR, said LESSOR may terminate this Lease Agreement if LESSEE shall
0
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Y breach any of the terms hereof or any of the terms of the LESSOR'S Large
User Agreement.
0
SECTION 9
LARGE USER AGREEMENTS
LESSEE hereby acknowledges that this Agreement shall in all re-
spects be subordinate to the terms and provisions of LESSOR'S Large User
Agreement, and any and all rights of other Large Users as may be contained
therein.
SECTION 10
ENTIRE AGREEMENT
This represents the entire Agreement between the parties, and any
addition will be required to be in writing and executed in the same manner.
IN WITNESS WHEREOF, the parties hereto have made and executed
this Lease Agreement on the respective dates under each signature: BROWARD
COUNTY through its BOARD OF COUNTY COMMISSIONERS, signing by and
through its Chai an, authorized to 11 execute same by Board action on the
oL% day of , 19 1, and the CITY OF TAMARAC, signing
by and through its May -Commissioner and City Manager, duly authorized to
execute same. Cf
COUNTY
AT EST: BROWARD COUNTY, through its
BOARD OF COUNTY COMMISSIONERS
Co my Administrator and Ex- Lzk
Officio Clerk of the Board of By
County Commissioners of GERALD F. THOMPSON, Chair an
Broward County, Florida
�7 day of ► 19 fJ .
4
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LEASE AGREEMENT -- WASTEWATER TREATMENT CAPACITY
BETWEEN BROWARD COUNTY AND THE CITY OF TAMARAC
WITNESSES:
ATTEST:
ty MerK
(CORPORATE SEAL)
LEL:ed
A245-B
5/12/86
#86-203
Approved as to form and legality b
Office of General Counsel
for Broward County, Florida
SUSAN F. DELEGAL, General C un E
Governmental Center, Suite 423
115 South Andrews Avenue
Fort Lau erdale, Florida 33301
Telepho: (305),,357/1 00 n
By
LARRY�. LyM;T-jP1q I
Assist t Gene I C un I
CITY
CITY OF TAMARAC
Mayor- o mi sinner
day of _ ]�',L 1
By tt,T-�er�baer
day of
APPROVED AS TO
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Attorn
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t
lmtnxlUCW by
—of
Tarp. Raab. #4081
CITY OF TAWAC, FiJORIDA
REb1] TZCN No, R-86--&Z
A RMOIA rldl+I OF MIE CITY OF TA6fARAC AV11i0RIZING
APPROPRIATE CYIY OFFICIALS TO EKEC= IF.A.SES
yM WAS MIAUM CApACI7Y WITH THE CITIES OF
MI AID BEACH AND DEERFIEID MACH AND W1711
AGREE3EM; AND pl MDING AN EFFECI1VEnATF-EASE
•EHEEAS, the City Cowell of the City of TAACtrac is ccw4tted to
dispose of the municipal wastewater thrmgh the Broward C=ty Wastewater
Facility; and
I%HU EAS, capacity in the Brouard County Wastewater Facility will not
be available to Tw=ac until there is an expansion of the Wastewater Treatment
Facility in 1991; and
J%10MAS, the City of Tamarac desires to lease wastewater capacity frrxm
large users with excess wastewater capacity -
Nov, TIMIUmE. BE IT RESOLVED I3Y 711E CITY C00CIL OF THE CITY OF
TAMLARAC, n1RIDA:
sDCTION 1: The appropriate City officials are hereby authorized to
execute leases for excess usstewester capacity with the cities of Parpano Beach
and Deerfield Beach and Brrn%ard County.
SiUnCN 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.
p,A.SSID, ADCp= AND APPRXED this _e_ day Of jg�.tw/- 19813.
ATTEST:
C-17 �►_
I tRpmy CERTIFY that I have
ap t -� crreCL-
ess of s*131LLr
I ,A
1
I T
RECORD OF COUNCIL VOTE
MAYOR: HART
D!ST, 1: C/AY NASSARO -,
G.IT. 2: C/M STELZER r VV
DiST. 3. C/'M GOTTESMArd0*1 --'
DIST.4. v/M STEIN —
AMENDED LEASE AGREEMENT
WASTEWATER TREATMENT CAPACITY
THIS LEASE AGREEMENT, made this 7 day of:
198,Z,^, by and between BROWARD COUNTY, FLORIDA, a tolitical
subdivision of the State of Florida, hereinafter referred to as
the LESSOR,
AND
The CITY OF TAMARAC, a municipal corporation in the State
of Florida, hereinafter referred to as LESSEE.
WHEREAS. the LESSOR and LESSEE have determined that a
prior Lease Agreement of May 27, 1986, copy of which is
attached hereto as Exhibit "A" and incorporated by reference
herein shall be amended in full so that LESSEE shall lease .9
mgd of treatment and transmission capacity from LESSOR'S
- rather ,._-
reserve capacity, than 1.5 mgd.
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
for reserve capacity in the Broward County North Regional
Wastewater Facility; and
WHEREAS, the LESSOR has determined that for a period of
time it has sufficient reserve capacity in the said Broward
County North Regional Wastewater Facility to permit it to lease
«:-r> `9 mgd of treatment and transmission capacity from
LESSOR'S reserve capacity to LESSEE for the period of time set
forth herein; and
WHEREAS, there also is sufficient uncommitted capacity in
the existing transmission facilities for lease to LESSEE of an
additional 2.0 mgd of transmission capacity in the facilities;
and
WHEREAS, the LESSEE is seeking to secure capacity in the
Broward County North Regional Wastewater Facility for the
period of time set forth herein; and
WHEREAS, LESSEE is willing to enter into a Lease Agreement
for <175-> .9 mgd of treatment and transmission capacity from
LESSOR'S reserve capacity which the LESSOR determines it has
available for the period of time referred to herein and 2.0 mgd
of uncommitted transmission capacity;
me
W I T N E S S E T H, that, for and in consideration c
mutual terms and conditions, promises, covenants and pa:
hereinafter set forth, LESSOR and LESSEE hereby agri
follows:
SECTION 1
rAAACTTV
The LESSOR agrees to lease to the LESSEE «.-5> .9 r
treatment and transmission capacity from LESSOR'S re
capacity and an additional 2.0 mgd of uncommitted transm:
capacity in the Broward County North Regional Wast(
Facility.
nRrTTnM 2
WALK&
The term of this Lease Agreement shall expire at
midnight on December 31, 1991, or until the County is ab:
provide the LESSEE with capacity in the Facility throu<
expansion program, whichever shall first occur, Sul
however, to the option of LESSOR to terminate at any tim(
to LESSEE'S breach of this Lease Agreement.
PRrTTnM I
CONSIDERATION
The LESSEE shall pay directly to the Broward
Utilities Division, in accordance with the terms and cond
of LESSOR'S Large User Agreement and on behalf of the L
the proportionate sum per month for the <T75> '.9 m
treatment and transmission capacity from LESSOR'S r
capacity and 2.0 mgd of uncommitted transmission cap
Should the charges attributable to the aforementioned ca
be increased or decreased during the term of this Agre
the LESSEE'S monthly payment shall be raised or 1
accordingly to equal the proportionate payment obligati
the leased capacity.
SECTION 4
INDEMNIFICATION
The LESSEE agrees to indemnify and hold harmle:
LESSOR from any of its obligations under this Lease Agri
and LESSOR'S Large User Agreement. Additionally, LESSEE f
at LESSOR'S option, defend or pay for the defense of any
or lawsuit instituted against LESSOR which relates to or e
from this Lease Agreement.
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SECTION 5
CANCELLATION OF LEASE
The LESSEE shall construct all transmission facilities
necessary to facilitate the transfer of the untreated waste-
water from LESSEE to the Broward County Wastewater Treatment
Facility. Such transmission facilities shall be constructed in
accordance with plans approved by the director of the Broward
County Utilities Division and, upon completion, such facilities
shall be given to Broward County, along with all easements
deemed appropriate by the director of the Broward County
Utilities Division for maintaining such facilities. The said
facilities and easements shall be given to Broward County
without charge, expense or cost.
SECTION 6
EFFECTIVE DATE
The LESSEE'S obligation to pay consideration for the rk:a->
.9 mgd of treatment and transmission capacity from LESSOR'S
reserve capacity leased herein and the 2.0 mgd of uncommitted
transmission capacity shall begin on the first day of the month
immediately following the execution of this Lease. Payments
shall be made on the first day of each succeeding month.
SECTION 7
DELIVERY OF CAPACITY
The reserve 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,
however, LESSEE shall not utilize such reserve capacity until
it has given LESSOR at lease seven (7) days written notice of
its intent to do so.
SECTION 8
TERMINATION
This Lease Agreement shall terminate if, for no fault of
the LESSEE, Broward County or any other regulatory agency
refuses to allow or approve LESSEE'S proposed plan for
treatment of its wastewater, or, at the option of the LESSOR,
said LESSOR may terminate this Lease Agreement if LESSEE shall
breach any of the terms hereof or any of the terms of the
LESSOR'S Large User Agreement.
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SECTION 9
LARGE USER AGREEMENTS
LESSEE hereby acknowledges that this Agreement sha
all respects be subordinate to the terms and provisio
LESSOR'S Large User Agreement, and any and all rights of
Large Users as may be contained therein.
This represents
and any addition will
in the same manner.
SECTION 10
ENTIRE AGREEMENT
1
n
the entire Agreement between the pa t
be required to be in writing and ex c
IN WITNESS WHEREOF, the parties hereto have mad
executed this Lease Agreement on the respective dates u
each signature: BROWARD COUNTY through its BOARD OF CO
COMMISSIONERS, signing by and through its Chairman, author
to execute same by Board action on the day of
198 and the CITY OF TAMARAC, signing by and throng
Mayor and City Manager, duly authorized to execute same.
X61OW4
ATTEST:
County Administrator and
Ex-Officio Clerk of the
Board of County Commissioners
of Broward County, Florida
BROWARD COUNTY, through
BOARD OF COUNTY COMMISS
By
GERALD F. THOMPSON, C
day of
Approved as to form and legality by
Office of General Counsel for Broward
County, Florida SUSAN F. DELEGAL,
General Counsel Governmental Center
115 South Andrews Avenue, Suite 423
Fort Lauderdale, Florida 33301
Telephone: (305) 357-7600
By
LARRY E. LYMAS-JOHNSON
Assistant General Counsel
-4-
�r
0
0
WITNESSES:
ATTEST:
CAROL E. BARBUTO, CITY CLERK
(CORPORATE SEAL)
0
0
106W4
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CITY OF TAMARAC /
MAYOR BERNARD HART
y of
N P. KE7e;",
#NAGER
day of 191—�?
APPROVED AS TO FORM:
Ar-ri v CITY ATTORNEY
)(1( 1) M, RFD NG9,
4
AMENDED LEASE AGREEMENT
WASTEWATER TREATMENT CAPACITY
THIS LEASE AGREEMENT, made this day of_Z!� ,
198 7, by and between BROWARD COUNTY, FLORIDA, a political
subdivision of the State of Florida, hereinafter referred to as
the LESSOR,
AND
The CITY OF TAMARAC, a municipal corporation in the State
of Florida, hereinafter referred to as LESSEE.
WHEREAS, the LESSOR and LESSEE have determined that a
prior Lease A reement of Ma 27, 1986, copy of which is
attached hereto as Exhibit "A" and incor orated by reference
herein, shall be amended in full so that LESSEE shall lease .9
mgd of treatment and transmission ca acit from LESSOR'S
reserve _ca acit rather than 1.5 m d.
WHEREAS, the LESSOR is a designated large user within the
Broward County North Regional Wastewater System; and
Is WHEREAS, the LESSOR has executed a Large User Agreement
for reserve capacity in the Broward County North Regional
Wastewater Facility; and
WHEREAS, the LESSOR has determined that for a period of
time it has sufficient reserve capacity in the said Broward
County North Regional Wastewater Facility to permit it to lease
<1.�> .99 mgd of treatment and transmission capacity from
LESSOR'S reserve capacity to LESSEE for the period of time set
forth herein; and
WHEREAS, there also is sufficient uncommitted capacity in
the existing transmission facilities for lease to LESSEE of an
additional 2.0 mgd of transmission capacity in the facilities;
and
WHEREAS, the LESSEE is seeking to secure capacity in the
Broward County North Regional Wastewater Facility for the
period of time set forth herein; and
WHEREAS, LESSEE is willing to enter into a Lease Agreement
for <k75y .9 mgd of treatment and transmission capacity from
LESSOR'S reserve capacity which the LESSOR determines it has
available for the period of time referred to herein and 2.0 mgd
of uncommitted transmission capacity;
am
W I T N E S S E T H, that, for and in consideratiox
mutual terms and conditions, promises, covenants and I
hereinafter set forth, LESSOR and LESSEE hereby ac
follows:
SECTION 1
The LESSOR agrees to lease to the LESSEE «rS> .9
treatment and transmission capacity from LESSOR'S
capacity and an additional 2.0 mgd of uncommitted trans
capacity in the Broward County North Regional Was
Facility.
eFrTTnrT �
01 iP
The term of this Lease Agreement shall expire a
midnight on December 31, 1991, or until the County is a
provide the LESSEE with capacity in the Facility thro
expansion program, whichever shall first occur, s
however, to the option of LESSOR to terminate at any ti
to LESSEE'S breach of this Lease Agreement.
PPrmTnM I
CONSIDERATION
The LESSEE shall pay directly to the Broward
Utilities Division, in accordance with the terms and con
Of LESSOR'S Large User Agreement and on behalf of the
the proportionate sum per month for the .9
treatment and transmission capacity from LESSOR'S
capacity and 2.0 mgd of uncommitted transmission ca
Should the charges attributable to the aforementioned c
be increased or decreased during the term of this Agr
the LESSEE'S monthly payment shall be raised or
accordingly to equal the proportionate payment obligat
the leased capacity.
PROTTnN A.
INDEMNIFICATION
01 he
i is
,e as
ids
of
ve
on
er
2 00
1 to
gl its
bje t,
e I Rue
CCUCCUh ty
Ui i ns
.,ESSCIR,
.1gd of
:es e
>ac i Y .
ipa ty
�e t,
.o ed
.on r
The LESSEE agrees to indemnify and hold harmless e
LESSOR from any of. its obligations under this Lease Aggeene t
and LESSOR'S Large User Agreement. Additionally, LESSEE sh ,
at LESSOR'S option, defend or pay for the defense of any cLa m
or lawsuit instituted against LESSOR which relates to or ars
from this Lease Agreement. 0
-2-
SECTION 5
CANCELLATION OF LEASE
The LESSEE shall construct all transmission facilities
necessary to facilitate the transfer of the untreated waste-
water from LESSEE to the Broward County Wastewater Treatment
Facility. Such transmission facilities shall be constructed in
accordance with plans approved by the director of the Broward
County Utilities Division and, upon completion, such facilities
shall be given to Broward County, along with all easements
deemed appropriate by the director of the Broward County
Utilities Division for maintaining such facilities. The said
facilities and easements shall be given to Broward County
without charge, expense or cost.
SECTION 6
EFFECTIVE DATE
The LESSEE'S obligation to pay consideration for the t175->
.9 mgd of treatment and transmission capacity from LESSOR'S
reserve capacity leased herein and the 2.0 mgd of uncommitted
transmission capacity shall begin on the first day of the month
immediately following the execution of this Lease. Payments
shall be made on the first day of each succeeding month.
0 SECTION 7
9
DELIVERY OF CAPACITY
The reserve 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,
however, LESSEE shall not utilize such reserve capacity until
it has given LESSOR at lease seven (7) days written notice of
its intent to do so.
SECTION 8
TERMINATION
This Lease Agreement shall terminate if, for no fault of
the LESSEE, Broward County or any other regulatory agency
refuses to allow or approve LESSEE'S proposed plan for
treatment of its wastewater, or, at the option of the LESSOR,
said LESSOR may terminate this Lease Agreement if LESSEE shall
breach any of the terms hereof or any of the terms of the
LESSOR'S Large User Agreement.
-3-
SECTION 9
LARGE USER AGREEMENTS
LESSEE hereby acknowledges that this Agreement sh
all respects be subordinate to the terms and provisi
LESSOR'S Large User Agreement, and any and all rights o
Large Users as may be contained therein.
SECTION 10
ENTIRE AGREEMENT
This represents the entire Agreement between the p
and any addition will be required to be in writing and e
in the same manner.
IN WITNESS WHEREOF, the parties hereto have ma
executed this Lease Agreement on the respective date
each signature: BROWARD COUNTY through its BOARD OF
COMMISSIONERS, signing by and through its Chairman, aut
to execute same by Board action on the day of
198 and the CITY OF TAMARAC, signing by and throu
Mayor and City Manager, duly authorized to execute same.
COUNTY
ATTEST:
County Administrator and
Ex-Officio Clerk of the
Board of County Commissioners
Of Broward County, Florida
BROWARD COUNTY, throug
BOARD OF COUNTY COMMIS
By
GERALD F. THOMPSON,
day of
Approved as to form and legality by
Office of General Counsel for Broward
County, Florida SUSAN F. DELEGAL,
General Counsel Governmental Center
115 South Andrews Avenue, Suite 423-
Fort Lauderdale, Florida 33301
Telephone: (305) 357-7600
By
LARRY E. LYMAS-JOHNSON
Assistant General Counsel
ZIC
tl I in
)ns of
t e-r
It
r
WITNESSES:
ATTEST:
CAROL E. BARBUTO, CITY CLERK
(CORPORATE SEAL)
CITY
2*7C
CITY OF TAMARAC
MAYOR BERNARD HART
day of 19S7.
ARPROVED AS TO FORM:
�,gcri,vc— CITY ATTORNEY
;elGFFRR❑ M. REP
L'Lt11Yl'. LTf.:� n
4
1►
5 1"3°
AMENDED LEASE AGREEMENT
WASTEWATER TREATMENT CAPACITY
THIS LEASE AGREEMENT, made this 9 day of ,
198 7 , by and between BROWARD COUNTY, FLORIDA, a olitical
subdivision of the State of Florida, hereinafter referred to as
the LESSOR,
The CITY OF TAMARAC, a municipal corporation in the State
of Florida, hereinafter referred to as LESSEE.
WHEREAS, the LESSOR and LESSEE have determined that a
rior Lease Agreement of -May- 27, 1986, copy of which is
attached hereto as Exhibit "A" and incorporated by reference
herein, shall be amended in full so that LESSEE shall lease .9
mgd--of treatment and transmission ca2acity from LESSOR'S
reserve-ca2acity rather than 1.5 m d.
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
for reserve capacity in the Broward County North Regional
Wastewater Facility; and
WHEREAS, the LESSOR has determined that for a period of
time it has sufficient reserve capacity in the said Broward
County North Regional Wastewater Facility to permit it to lease
<;--r,-> .9 mgd of treatment and transmission capacity from
LESSOR'S reserve capacity to LESSEE for the period of time set
forth herein; and
WHEREAS, there also is sufficient uncommitted capacity in
the existing transmission facilities for lease to LESSEE of an
additional 2.0 mgd of transmission capacity in the facilities;
and
WHEREAS, the LESSEE is seeking to secure capacity in the
Broward County North Regional Wastewater Facility for the
period of time set forth herein; and
WHEREAS, LESSEE is willing to enter into a Lease Agreement
for «:5�59 mgd of treatment and transmission capacity from
LESSOR'S reserve capacity which the LESSOR determines it has
available for the period of time referred to herein and 2.0 mgd
0 of uncommitted transmission capacity;
0C
W I T N E S S E T H, that, for and in consideration (
mutual terms and conditions, promises, covenants and pal
hereinafter set forth, LESSOR and LESSEE hereby agr4
follows:
SECTION 1
CAPACITY
The LESSOR agrees to lease to the LESSEE «rS> .9
treatment and transmission capacity from LESSOR'S
capacity and an additional 2.0 mgd of uncommitted trans
capacity in the Broward County North Regional Was
Facility.
CRCTTAM 9
The term of this Lease Agreement shall expire
midnight on December 31, 1991, or until the County is
provide the LESSEE with capacity in the Facility thr
expansion program, whichever shall first occur,
however, to the option of LESSOR to terminate at any t
to LESSEE'S breach of this Lease Agreement.
gPrTTnN I
CONSIDERATION
igd
use
.ss
1wa
at 12
ab e
ou h
suhje
The LESSEE shall pay directly to the Broward I
Utilities Division, in accordance with the terms and cond:
of LESSOR'S Large User Agreement and on behalf of the L]
the proportionate sum per month for the .9 me
treatment and transmission capacity from LESSOR'S r(
capacity and 2.0 mgd of uncommitted transmission capi
Should the charges attributable to the aforementioned cal
be increased or decreased during the term of this AgreE
the LESSEE'S monthly payment shall be raised or 1(
accordingly to equal the proportionate payment obligati(
the leased capacity.
PPrTTnW d
INDEMNIFICATION
The LESSEE agrees to indemnify and hold harmle:
LESSOR from any of its obligations under this Lease Agr(
and LESSOR'S Large User Agreement. Additionally, LESSEE F
at LESSOR'S option, defend or pay for the defense of any
or lawsuit instituted against LESSOR which relates to or <
from this Lease Agreement.
-2-
ou
ti
SS
d
se
ci
ac
me
n
s
ha
cl
ri
1.1
0
9
SECTION 5
CANCELLATION OF LEASE
The LESSEE shall construct all transmission facilities
necessary to facilitate the transfer of the untreated waste-
water from LESSEE to the Broward County Wastewater Treatment
Facility. Such transmission facilities shall be constructed in
accordance with plans approved by the director of the Broward
County Utilities Division and, upon completion, such facilities
shall be given to Broward County, along with all easements
deemed appropriate by the director of the Broward County
Utilities Division for maintaining such facilities. The said
facilities and easements shall be given to Broward County
without charge, expense or cost.
SECTION 6
EFFECTIVE DATE
The LESSEE'S obligation to pay consideration for the r1:5->
.9 mgd of treatment and transmission capacity from LESSOR'S
reserve capacity leased herein and the 2.0 mgd of uncommitted
transmission capacity shall begin on the first day of the month
immediately following the execution of this Lease. Payments
shall be made on the first day of each succeeding month.
SECTION 7
DELIVERY OF CAPACITY
The reserve 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,
however, LESSEE shall not utilize such reserve capacity until
it has given LESSOR at lease seven (7) days written notice of
its intent to do so.
SECTION R
TERMINATION
This Lease Agreement shall terminate if, for no fault of
the LESSEE, Broward County or any other regulatory agency
refuses to allow or approve LESSEE'S proposed plan for
treatment of its wastewater, or, at the option of the LESSOR,
said LESSOR may terminate this Lease Agreement if LESSEE shall
breach any of the terms hereof or any of the terms of the
LESSOR'S Large User Agreement.
-3-
RRrTTnM 4
LARGE USER AGREEMENTS
LESSEE hereby acknowledges that this Agreement sha:
all respects be subordinate to the terms and provisioi
LESSOR'S Large User Agreement, and any and all rights of
Large Users as may be contained therein.
This represents
and any addition will
in the same manner.
SECTION 10
ENTIRE AGREEMENT
1
Im
the entire Agreement between the pat
be required to be in writing and ex c
IN WITNESS WHEREOF, the parties hereto have mad
executed this Lease Agreement on the respective dates u
each signature: BROWARD COUNTY through its BOARD OF CO
COMMISSIONERS, signing by and through its Chairman, author
to execute same by Board action on the day of
198 1, and the CITY OF TAMARAC, signing by and throug
Mayor and City Manager, duly authorized to execute same.
COUNTY
ATTEST:
County Administrator and
Ex-Officio Clerk of the
Board of County Commissioners
of Broward County, Florida
BROWARD COUNTY, through
BOARD OF COUNTY COMMISS
By
GERALD F. THOMPSON,
day of
Approved as to form and legality by
Office of General Counsel for Broward
County, Florida SUSAN F. DELEGAL,
General Counsel Governmental Center
115 South Andrews Avenue, Suite 423
Fort Lauderdale, Florida 33301
Telephone: (305) 357-7600
By
LARRY E. LYMAS-JOHNSON
Assistant General Counsel
-4-
n
0
0
CITY
WITNESSES:
®
�M, mm,
A
.R.:per
ATTEST:
CAROL E.BARBUTO, CITY CLERK
(CORPORATE SEAL)
5-
CITY OF
TAMARAC
y_
MAYOR BERNARD HART'
day
of 19 l/.
B
J HN P. KELL , CIT MANAGER
day of 19�?
APPROVED AS TO FORM:
AC711"- CITY ATTORNEY
f,[r+ AD M, RED Hof.
u
050-S,7,307
s
AMENDED LEASE AGREEMENT
WASTEWATER TREATMENT CAPACITY
THIS LEASE AGREEMENT, made this day of ,
198 7, by and between BROWARD COUNTY, FLORIDA, a olitical
subdivision of the State of Florida, hereinafter referred to as
the LESSOR,
r1k"Al
The CITY OF TAMARAC, a municipal corporation in the State
of Florida, hereinafter referred to as LESSEE.
WHEREAS, the LESSOR and LESSEE have determined that a
prior Lease Agreement_of_May 27,�_1986, copy of which_ is
attached hereto as Exhibit "A" and incorporated by -reference
herein, shall be amended in full so that LESSEE shall lease .9
mgd of treatment and transmission ca acit from LESSOR'S
reserve capacity rather than 1.5 mgd.
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
for reserve capacity in the Broward County North Regional
Wastewater Facility; and
WHEREAS, the LESSOR has determined that for a period of
time it has sufficient reserve capacity in the said Broward
County North Regional Wastewater Facility to permit it to lease
:,...9 mgd of treatment and transmission capacity from
LESSOR'S reserve capacity to LESSEE for the period of time set
forth herein; and
WHEREAS, there also is sufficient uncommitted capacity in
the existing transmission facilities for lease to LESSEE of an
additional 2.0 mgd of transmission capacity in the facilities;
and
WHEREAS, the LESSEE is seeking to secure capacity in the
Broward County North Regional Wastewater Facility for the
period of time set forth herein; and
WHEREAS, LESSEE is willing to enter into a Lease Agreement
for «:5~> .9 mgd of treatment and transmission capacity from
LESSOR'S reserve capacity which the LESSOR determines it has
available for the period of time referred to herein and 2.0 mgd
of uncommitted transmission capacity;
-1-
W I T N E S S E T H, that, for and in consideration c
mutual terms and conditions, promises, covenants and pa,
hereinafter set forth, LESSOR and LESSEE hereby agri
follows:
SECTION 1
rAPArTTV
f
e
The LESSOR agrees to lease to the LESSEE «.-5> .9 rtgd
treatment and transmission capacity from LESSOR'S r se
capacity and an additional 2.0 mgd of uncommitted transm ss
capacity in the Broward County North Regional Wast wa
Facility.
SECTION 2
G yam'. V9
The term of this Lease Agreement shall expire at 12
midnight on December 31, 1991, or until the County is able
provide the LESSEE with capacity in the Facility through
expansion program, whichever shall first occur, suhje
however, to the option of LESSOR to terminate at any time
to LESSEE'S breach of this Lease Agreement.
gprTTnM I
CONSIDERATION
The LESSEE shall pay directly to the Broward Cou
Utilities Division, in accordance with the terms and cond'ti
of LESSOR'S Large User Agreement and on behalf of the LESS
the proportionate sum per month for the <T7'3� .9 m d
treatment and transmission capacity from LESSOR'S r se
capacity and 2.0 mgd of uncommitted transmission cap ci
Should the charges attributable to the aforementioned ca ac
be increased or decreased during the term of this Agre me
the LESSEE'S monthly payment shall be raised or 1 we
accordingly to equal the proportionate payment obligation
the leased capacity.
SECTION 4
INDEMNIFICATION
The LESSEE agrees to indemnify and hold harmless
LESSOR from any of its obligations under this Lease Agr em
and LESSOR'S Large User Agreement. Additionally, LESSEE s a
at LESSOR'S option, defend or pay for the defense of any cl
or lawsuit instituted against LESSOR which relates to or ari
from this Lease Agreement.
-2-
11
0
SECTION 5
CANCELLATION OF LEASE
The LESSEE shall construct all transmission facilities
necessary to facilitate the transfer of the untreated waste-
water from LESSEE to the Broward County Wastewater Treatment
Facility. Such transmission facilities shall be constructed in
accordance with plans approved by the director of the Broward
County Utilities Division and, upon completion, such facilities
shall be given to Broward County, along with all easements
deemed appropriate by the director of the Broward County
Utilities Division for maintaining such facilities. The said
facilities and easements shall be given to Broward County
without charge, expense or cost.
SECTION 5
EFFECTIVE DATE
The LESSEE'S obligation to pay consideration for the
.9 mgd of treatment and transmission capacity from LESSOR'S
reserve capacity leased herein and the 2.0 mgd of uncommitted
transmission capacity shall begin on the first day of the month
immediately following the execution of this Lease. Payments
shall be made on the first day of each succeeding month.
• SECTION 7
Ll
DELIVERY OF CAPACITY
The reserve 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,
however, LESSEE shall not utilize such reserve capacity until
it has given LESSOR at lease seven (7) days written notice of
its intent to do so.
SECTION 8
TERMINATION
This Lease Agreement shall terminate if, for no fault of
the LESSEE, Broward County or any other regulatory agency
refuses to allow or approve LESSEE'S proposed plan for
treatment of its wastewater, or, at the option of the LESSOR,
said LESSOR may terminate this Lease Agreement if LESSEE shall
breach any of the terms hereof or any of the terms of the
LESSOR'S Large User Agreement.
:XC
FS:)Tii U ii19W*7
LARGE USER AGREEMENTS
LESSEE hereby acknowledges that this Agreement sha:
all respects be subordinate to the terms and provisioi
LESSOR'S Large User Agreement, and any and all rights of
Large Users as may be contained therein.
This represents
and any addition will
in the same manner.
SECTION 10
ENTIRE AGREEMENT
f1
of
the entire Agreement between the pa ti
be required to be in writing and ex cu
IN WITNESS WHEREOF, the parties hereto have mad
executed this Lease Agreement on the respective dates un
each signature: BROWARD COUNTY through its BOARD OF GOU
COMMISSIONERS, signing by and through its Chairman, auth ri
to execute same by Board action on the day of
198 , and the CITY OF TAMARAC, signing by and throug
Mayor and City Manager, duly authorized to execute same.
COUNTY
ATTEST:
County Administrator and
Ex-Officio Clerk of the
Board of County Commissioners
of Broward County, Florida
BROWARD COUNTY, through
BOARD OF COUNTY COMMISS
By
GERALD F. THOMPSON,
day of
Approved as to form and legality by
Office of General Counsel for Broward
County, Florida SUSAN F. DELEGAL,
General Counsel Governmental Center
115 South Andrews Avenue, Suite 423
Fort Lauderdale, Florida 33301
Telephone: (305) 357-7600
By
LARRY E. LYMAS-JOHNSON
Assistant General Counsel
-4-
7
0
•
0
WITNESSES;
ATTEST:
CAROL E. BARBUTO, CITY CLERK
(CORPORATE SEAL)
rl
•
CITY
-5-
CITY 9F�7AMARAC I
MAYOR BERNA�ART -
--fday of 19�
�OHN P. KELLU,,C MANAGER
day of S 19?�-?
APPROVED AS TO FORM:
ACTovo- CITY ATTORNEY
IC(-HARO M. 7ZE.DNoR
7
AMENDED LEASE AGREEMENT
WASTEWATER TREATMENT CAPACITY
C
THIS LEASE AGREEMENT, made this / day of
198 7 , by and between BROWARD COUNTY, FLORIDA, a political
subdivision of the State of Florida, hereinafter referred to as
the LESSOR,
AND
The CITY OF TAMARAC, a municipal corporation in the State
of Florida, hereinafter referred to as LESSEE.
WHEREAS, the LESSOR and LESSEE have determined that a
prior Lease Agreement of May 27, 1986, copy of which is
attached hereto as Exhibit "A" and incorporated___ by reference
herein, shall be amended in full so that LESSEE shall lease .9
mgd of treatment and transmission. --capacity_ -- from LESSOR'S,
LESSOR' S
reserve capacity rather than 1.5 mgd_.
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
for reserve capacity in the Broward County North Regional
Wastewater Facility; and
WHEREAS, the LESSOR has determined that for a period of
time it has sufficient reserve capacity in the said Broward
County North Regional Wastewater Facility to permit it to lease
<t;-Fr-> .9 mgd of treatment and transmission capacity from
LESSOR'S reserve capacity to LESSEE for the period of time set
forth herein; and
WHEREAS, there also is sufficient uncommitted capacity in
the existing transmission facilities for lease to LESSEE of an
additional 2.0 mgd of transmission capacity in the facilities;
and
WHEREAS, the LESSEE is seeking to secure capacity in the
Broward County North Regional Wastewater Facility for the
period of time set forth herein; and
WHEREAS, LESSEE is willing to enter into a Lease Agreement
for <1:5� .9 mgd of treatment and transmission capacity from
LESSOR'S reserve capacity which the LESSOR determines it has
available for the period of time referred to herein and 2.0 mgd
of uncommitted transmission capacity;
MW
W I T N E S S E T H, that, for and in consideration f t e
mutual terms and conditions, promises, covenants and pa n s
hereinafter set forth, LESSOR and LESSEE hereby agr e s
follows:
QV0MTnM 1
CAPACITY
The LESSOR agrees to lease to the LESSEE <-I-:5> .9 ngf
treatment and transmission capacity from LESSOR'S reSErve
capacity and an additional 2.0 mgd of uncommitted transm's i n
capacity in the Broward County North Regional Wast w t r
Facility.
TERM
The term of this Lease Agreement shall expire at 1 : 0
midnight on December 31, 1991, or until the County is able o
provide the LESSEE with capacity in the Facility throw h i s
expansion program, whichever shall first occur, s j c ,
however, to the option of LESSOR to terminate at any tima d e
to LESSEE'S breach of this Lease Agreement.
SECTION 3
CONSIDERATION I 111
The LESSEE shall pay directly to the Broward o n y
Utilities Division, in accordance with the terms and cond't'o s
of LESSOR'S Large User Agreement and on behalf of the L S 0 ,
the proportionate sum per month for the <r75-> .9 m d f
treatment and transmission capacity from LESSOR'S r s r e
capacity and 2.0 mgd of uncommitted transmission cap c't .
Should the charges attributable to the aforementioned ca a i y
be increased or decreased during the term of this Agre m n ,
the LESSEE'S monthly payment shall be raised or 1 w r d
accordingly to equal the proportionate payment obligati n f r
the leased capacity.
SECTION 4
INDEMNIFICATION I �11
The LESSEE agrees to indemnify and hold harmle s t1le
LESSOR from any of its obligations under this Lease Agr e e t
and LESSOR'S Large User Agreement. Additionally, LESSEE 3halL,
at LESSOR'S option, defend or pay for the defense of any cla m
or lawsuit instituted against LESSOR which relates to or irisDs
from this Lease Agreement.
2-
0
SECTION 5
CANCELLATION OF LEASE
The LESSEE shall construct all transmission facilities
necessary to facilitate the transfer of the untreated waste-
water from LESSEE to the Broward County Wastewater Treatment
Facility. Such transmission facilities shall be constructed in
accordance with plans approved by the director of the Broward
County Utilities Division and, upon completion, such facilities
shall be given to Broward County, along with all easements
deemed appropriate by the director of the Broward County
Utilities Division for maintaining such facilities. The said
facilities and easements shall be given to Broward County
without charge, expense or cost.
SECTION 6
EFFECTIVE DATE
The LESSEE'S obligation to pay consideration for the f:�>
.9 mgd of treatment and transmission capacity from LESSOR'S
reserve capacity leased herein and the 2.0 mgd of uncommitted
transmission capacity shall begin on the first day of the month
immediately following the execution of this Lease. Payments
shall be made on the first day of each succeeding month.
• SECTION 7
DELIVERY OF CAPACITY
The reserve 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,
however, LESSEE shall not utilize such reserve capacity until
it has given LESSOR at lease seven (7) days written notice of
its intent to do so.
SECTION A
TERMINATION
This Lease Agreement shall terminate if, for no fault of
the LESSEE, Broward County or any other regulatory agency
refuses to allow or approve LESSEE'S proposed plan for
treatment of its wastewater, or, at the option of the LESSOR,
said LESSOR may terminate this Lease Agreement if LESSEE shall
breach any of the terms hereof or any of the terms of the
LESSOR'S Large User Agreement.
-3-
LARGE USER AGREEMENTS
LESSEE hereby acknowledges that this Agreement shall
all respects be subordinate to the terms and provisio s
LESSOR'S Large User Agreement, and any and all rights of of
Large Users as may be contained therein.
SECTION 10
ENTIRE AGREEMENT
This represents the entire Agreement between the pa
and any addition will be required to be in writing and ex
in the same manner.
IN WITNESS WHEREOF, the parties hereto have mad
executed this Lease Agreement on the respective dates
each signature: BROWARD COUNTY through its BOARD OF
COMMISSIONERS, signing by and through its Chairman, auth
to execute same by Board action on the day of
198 1. and the CITY OF TAMARAC, signing by and throug
Mayor and City Manager, duly authorized to execute same.
COUNTY
ATTEST:
County Administrator and
Ex-Officio Clerk of the
Board of County Commissioners
of Broward County, Florida
BROWARD COUNTY, through
BOARD OF COUNTY COMMISS
By
GERALD F. THOMPSON, C
day of
Approved as to form and legality by
Office of General Counsel for Broward
County, Florida SUSAN F. DELEGAL,
General Counsel Governmental Center
115 South Andrews Avenue, Suite 423
Fort Lauderdale, Florida 33301
Telephone: (305) 357-7600
By
LARRY E. LYMAS-JOHNSON
Assistant General Counsel
-4-
r
n
h r
=IF57.CI
u r4a r
:0 N Y
>riz d
r
L J
1]
WITNESSES:
ATTEST:
CAROL E. BARBUTO, CITY CLERK
(CORPORATE SEAL)
CITY
-5-
CITY OF TAMARAC
By.
MAYOR RERNARD HART
_i day of 19 �J
41 n
AN P. KEL(L�Y, I Y MANAGER
ALP
day of Jw 19,1?
APPROVED AS TO FORM:
rtc.7 iN �- CITY ATTORNEY
R�rr+RD M. Ref) ti'r,R,
3o
C7
AMENDED LEASE AGREEMENT
WASTEWATER TREATMENT CAPACITY
THIS LEASE AGREEMENT, made this � day of
198, by and between BROWARD COUNTY, FLORIDA, a Political
subdivision of the State of Florida, hereinafter referred to as
the LESSOR,
KIZII.
The CITY OF TAMARAC, a municipal corporation in the State
of Florida, hereinafter referred to as LESSEE.
WHEREAS, the LESSOR and LESSEE have determined that a
prior _Lease Agreement of May 27, 1986, copy of which is
attached hereto as Exhibit "A" and incorporatedby reference
herein, shall be amended in full so that LESSEE shall lease .9
m d of treatment and transmission capacity from LESSOR'S
reserve capacity rather. than 1.5 mgd.
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
for reserve capacity in the Broward County North Regional
Wastewater Facility; and
WHEREAS, the LESSOR has determined that for a period of
time it has sufficient reserve capacity in the said Broward
County North Regional Wastewater Facility to permit it to lease
'9 mgd of treatment and transmission capacity from
LESSOR'S reserve capacity to LESSEE for the period of time set
forth herein; and
WHEREAS, there also is sufficient uncommitted capacity in
the existing transmission facilities for lease to LESSEE of an
additional 2.0 mgd of transmission capacity in the facilities;
and
WHEREAS, the LESSEE is seeking to secure capacity in the
Broward County North Regional Wastewater Facility for the
period of time set forth herein; and
WHEREAS, LESSEE is willing to enter into a Lease Agreement
for «:5-> .9 mgd of treatment and transmission capacity from
LESSOR'S reserve capacity which the LESSOR determines it has
available for the period of time referred to herein and 2.0 mgd
of uncommitted transmission capacity;
-1-
W I T N E S S E T H, that, for and in consideration c
mutual terms and conditions, promises, covenants and pa,
hereinafter set forth, LESSOR and LESSEE hereby agri
follows:
SECTION 1
f
The LESSOR agrees to lease to the LESSEE <�r5> .9 rigd
treatment and transmission capacity from LESSOR'S r se
capacity and an additional 2.0 mgd of uncommitted transm ss
capacity in the Broward County North Regional Wast wa
Facility.
gr TTnM 2
TERM
The term of this Lease Agreement shall expire at 12
midnight on December 31, 1991, or until the County is ab e
provide the LESSEE with capacity in the Facility throw h
expansion program, whichever shall first occur, sulie
however, to the option of LESSOR to terminate at any tim
to LESSEE'S breach of this Lease Agreement.
SECTION 3
CONSIDERATION
The LESSEE shall pay directly to the Broward ou
Utilities Division, in accordance with the terms and cond ti
of LESSOR'S Large User Agreement and on behalf of the L SS
the proportionate sum per month for the <T75-> '.9 m d
treatment and transmission capacity from LESSOR'S r se
capacity and 2.0 mgd of uncommitted transmission cap ci
Should the charges attributable to the aforementioned ca ac
be increased or decreased during the term of this Agre me
the LESSEE'S monthly payment shall be raised or 1 we
accordingly to equal the proportionate payment obligati n
the leased capacity.
SECTION 4
INDEMNIFICATION
The LESSEE agrees to indemnify and hold harmle s
LESSOR from any of its obligations under this Lease Agr em
and LESSOR'S Large User Agreement. Additionally, LESSEE Eha
at LESSOR'S option, defend or pay for the defense of any cl
or lawsuit instituted against LESSOR which relates to or zri
from this Lease Agreement.
-2-
7
•
•
SECTION 5
CANCELLATION OF LEASE
The LESSEE shall construct all transmission facilities
necessary to facilitate the transfer of the untreated waste-
water from LESSEE to the Broward County Wastewater Treatment
Facility. Such transmission facilities shall be constructed in
accordance with plans approved by the director of the Broward
County Utilities Division and, upon completion, such facilities
shall be given to Broward County, along with all easements
deemed appropriate by the director of the Broward County
Utilities Division for maintaining such facilities. The said
facilities and easements shall be given to Broward County
without charge, expense or cost.
SECTION 6
EFFECTIVE DATE
The LESSEE'S obligation to pay consideration for the
.9 mgd of treatment and transmission capacity from LESSOR'S
reserve capacity leased herein and the 2.0 mgd of uncommitted
transmission capacity shall begin on the first day of the month
immediately following the execution of this Lease. Payments
shall be made on the first day of each succeeding month.
. SECTION 7
•
DELIVERY OF CAPACITY
The reserve 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,
however, LESSEE shall not utilize such reserve capacity until
it has given LESSOR at lease seven (7) days written notice of
its intent to do so.
SECTION 8
TERMINATION
This Lease Agreement shall terminate if, for no fault of
the LESSEE, Broward County or any other regulatory agency
refuses to allow or approve LESSEE'S proposed plan for
treatment of its wastewater, or, at the option of the LESSOR,
said LESSOR may terminate this Lease Agreement if LESSEE shall
breach any of the terms hereof or any of the terms of the
LESSOR'S Large User Agreement.
-3-
RRrTinm 9
LARGE USER AGREEMENTS
LESSEE hereby acknowledges that this Agreement sha:
all respects be subordinate to the terms and provisioi
LESSOR'S Large User Agreement, and any and all rights of
Large Users as may be contained therein.
This represents
and any addition will
in the same manner.
SECTION 10
ENTIRE AGREEMENT
l
►s
0
the entire Agreement between the pa ti
be required to be in writing and ex cu
IN WITNESS WHEREOF, the parties hereto have mad
executed this Lease Agreement on the respective dates un
each signature: BROWARD COUNTY through its BOARD OF COU
COMMISSIONERS, signing by and through its Chairman, auth ri
to execute same by Board action on the day of
198 1 and the CITY OF TAMARAC, signing by and throug
Mayor and City Manager, duly authorized to execute same.
ATTEST:
County Administrator and
Ex--Officio Clerk of the
Board of County Commissioners
of Broward County, Florida
BROWARD COUNTY, through
BOARD OF COUNTY COMMISS
By
GERALD F. THOMPSON,
day of
Approved as to form and legality by
Office of General Counsel for Broward
County, Florida SUSAN F. DELEGAL,
General Counsel Governmental Center
115 South Andrews Avenue, Suite 423
Fort Lauderdale, Florida 33301
Telephone: (305) 357-7600
By
LARRY E. LYMAS--JOHNSON
Assistant General Counsel
Qc
n
•
CJ
r]
WITNESSES:
ATTEST:
C L ?, % �� x J(
CAROL E. BARBUTO, CITY CLERK
(CORPORATE SEAL)
LJ
6
CITY
CITY OF TAMARAC /
By 1l 4
MAYOR BERNARD HART
�a y of 19
A
�iN P. KE;_ez,
MANAGER
day of 19cp�?
APPROVED AS TO FORM:
kc- ri c- CITY ATTORNEY
jerc.*A+60 N1, RED cK