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HomeMy WebLinkAboutCity of Tamarac Resolution R-86-114Introduced by A Temp. Reso. #4081 1 2 3 4 S i 9 sa 11 12 13 14 15 16 17 18 _7 31 22 23 24 25 26 27 28 29 1 30 1 33 34 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-86-&Z A RESOLUTION OF THE CITY OF TAMARAC AUTHORIZING APPROPRIATE CITY OFFICIALS TO EXECUTE LENSES FOR WASTEWATER CAPACITY WITH THE CITIES OF POMPANO BEACH AND DEERFIELD BEACH AND WITH BROWARD COUNTY; APPROVING THE FORM OF SAID LEASE AGREEMENTS: AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Tamarac is committed to dispose of the municipal wastewater through the Broward County Wastewater Facility; and WHEREAS, capacity in the Broward County Wastewater Facility will not be available to Tamarac until there is an expansion of the Wastewater Treatment Facility in 1991; and WHEREAS, the City of Tamarac desires to lease wastewater capacity from large users with excess wastewater capacity. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: The appropriate City Officials are hereby authorized to execute leases for excess wastewater capacity with the cities of Pompano Beach and Deerfield Beach and Broward County. SECTION 2: That the terms and conditions and form of said lease (a copy of which is hereby attached)are hereby approved. SECTION 3: That this Resolution shall became effective immediately upon passage. PASSED, ADOPTED AND APPROVED this day of 1986. ATTEST: CITYACLERK I HAY CERTIFY that I have ap th correct- ess of h s WiTI CITY A MA R RECORD OF COUNCIL VOTE MAYOR: HART DIST. l: C/W MASSARO -.- DIST. 2: C/M STELZER DIST. 3: C/M GOTTESMAN DIST. 4: V/M STEIN -. UU ■ e46- //V LEASE AGREEMENT WASTEWATER TREATMENT CAPACITY THIS LEASE AGREEMENT, made this day of April, 1986, by and between the CITY OF POMPANO BEACH, a municipal cor- poration in the State of Florida, hereinafter referred to as the LESSOR, and CITY OF TAMARAC, a municipal corporation in the State of Florida, hereinafter referred to as LESSEE; WITNESSETH: WHEREAS, the LESSOR is a designated large user within the Broward County North Regional Wastewater System; and WHEREAS, the LESSOR has executed a Large User Agreement - and has 15 mgd. of capacity in the Broward County North Regional Wastewater Facility; and WHEREAS, the LESSOR has determined that for a period of time it has excess capacity in the said Broward County North Regional Wastewater Facility which it could lease to LESSEE; and WHEREAS, the LESSEE is seeking to secure capacity in the Broward County North Regional Wastewater Facility until such time as -said Facility is expanded; and WHEREAS, LESSEE is willing to enter into a Lease Agreement for any excess capacity which the LESSOR determines it may have available. NOW, THEREFORE, BE IT HEREBY AGREED as follows: SECTION 1: CAPACITY The LESSOR agrees to lease to the LESSEE -1- Ll 2.00 mgd. of treatment capacity in the Broward County North Regional Wastewater Facility. SECTION 2: TERM The LESSOR agrees to lease to the LESSEE this 2.00 mgd. capacity until December 13, 1991 or until the County is able to provide the LESSEE With capacity in the Facility through its expansion program, whichever shall first occur. SECTION 3: CONSIDERATION The LESSEE shall pay to the LESSOR the sum of per month for the 2.00 mgd. of capacity, which sum equals the cost of the capacity due from the LESSOR to Broward County under the terms and conditions of the aforemen- tioned Large User Agreement. SECTION 4: AGREEMENT WITH BROWARD COUNTY There is attached hereto and made a part hereof an Agreement between the LESSEE and Broward County in which Broward County agrees to provide for treatment of the LESSEE'S wastewater. The terms and conditions of that Agreement and all the warranties provided in said Agreement by the LESSEE shall inure to and benefit the LESSOR herein. SECTION 5: INDEMNIFICATION The LESSEE during the term of this Agreement agrees to indemnify and hold harmless the LESSOR from any of its obligations to Broward County under its Large User Agreement to the extent of the amount of capacity leased as set forth in mfc I(- f 6 - //� I * Section 1 above. SECTION 6: CANCELLATION OF LEASE The parties acknowledge that the LESSEE is making a substantial investment in the transmission system of the Broward County North Regional Wastewater System in order to faci- litate the transfer of untreated wastewater from LESSEE to the Broward County Wastewater Treatment Facility. The parties also acknowledge that the LESSOR is making a voluntary commitment of its excess capacity to the LESSEE in order to provide LESSEE with a benefit which LESSEE has not contracted for. Neither LESSOR nor LESSEE will attempt to cancel this Agreement unless or until Broward County agrees to provide LESSEE with alternate capacity. SECTION 7: EFFECTIVE DATE The LESSEE'S obligation to pay consideration for the 2.00 mgd. capacity leased herein shall begin on the lst day of the month immediately following the execution of this Lease. SECTION 8: DELIVER OF CAPACITY The capacity leased hereby shall be available to the LESSEE when the transmission system is in place and the County is ready to accept LESSEE'S untreated wastewater. SECTION 9: IMPOSSIBILITY OF PERFORMANCE LESSEE'S obligation to pay consideration will cease if for no fault of the LESSEE Broward County or any other regulatory agency refuses to allow or approve LESSEE'S pro- posed plan for treatment of its wastewater. SECTION 10: ENTIRE AGREEMENT M-M /e- f6- //� This represents the entire Agreement bet- ween the parties, and addition will be required to be in writing and executed in the same manner. IN WITNESS WHEREOFr LESSOR and LESSEE have hereunto exe- cuted this Lease and affixed there respective seals this day of April, 1986. ATTEST: CITY CLERK APPROVED: CITY ATTORNEY ATTEST: CITY CLERK APPROVED: CITY, ATTORNEY I _* LESSOR: CITY OF POMPANO BEACH MAYOR CITY MANAGER LESSEE: CITY OF TAMARAC MAYOR CITY MANAGER -4-