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HomeMy WebLinkAboutCity of Tamarac Resolution R-87-30711 `A 3 4 116 7 8 9 10 11 12 13 14 15 16 17 19 20 21 22 23 24 25 26 27 28 29 & 32 33 34 35 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 SECTION 3 : All Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conf 1 is t . -1- i on FA 3 4 1'6 7 8 9 10 11 12 13 14 15 16 17 IN 19 20 21 22 23 24 25 26 27 mom 91 32 33 34 35 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 -3- 0 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 -4- 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 -5- Attorn LE f 0 9 CJ 9 r 10 11 22 13 14 15 16 17 21 •. 22 23 24 2$ 26 21 28 29 30 33 34 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. :WM ri e gd se ss wa 12 e h je ou ti SS se ci ac n �-I na cl ri 0 Ll 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. -3- 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 -5- 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