HomeMy WebLinkAboutCity of Tamarac Resolution R-2023-138Temp. Reso. #14038
December 13, 2023
Page 1 of 6
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2023 - 139
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA, APPROVING A LEASE
EXTENSION AND AMENDMENT #1 TO THE CITY'S
LEASE WITH SPECTRUM PARK I, J.V., ATTACHED
HERETO AS EXHIBIT 1" — WHICH PROVIDES FOR
ROOFTOP SPACE ON THE SPECTRUM BUILDING FOR
THE CITY'S RADIO SYSTEM ANTENNA AND RELATED
EQUIPMENT — TO EXTEND THE LEASE FOR AN
ADDITIONAL TEN (10) YEARS COMMENCING ON
AUGUST 1, 2024, AT A NEW INITIAL MONTHLY RATE
OF $438.00 PER MONTH (OR $5,256.00 PER YEAR),
PROVIDING FOR 3% ANNUAL INCREASES, WITH A
TOTAL TEN (10) YEAR LEASE COST OF $60,254.15;
AUTHORIZING THE APPROPRIATE CITY OFFICIALS
TO EXECUTE THE LEASE EXTENSION AND
AMENDMENT #1 WITH, AND TO ISSUE ANY REQUIRED
PURCHASE ORDERS TO, SPECTRUM PARK I, J.V;
PROVIDING FOR CONFLICTS; PROVIDING FOR
SCRIVENER ERRORS, PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, Florida Statutes provide that municipalities shall have the
governmental, corporate, and proprietary powers to enable them to conduct municipal
government, perform municipal functions, render municipal service, and exercise any
power for municipal purposes, except when expressly prohibited by law; and
WHEREAS, Article IV, Section 4.07 of the City Charter of the City of Tamarac
("City") empowers the City to adopt, amend, or repeal such ordinances and resolutions
as may be required for the proper governing of the City; and
Temp. Reso. #14038
December 13, 2023
Page 2 of 6
WHEREAS, technology is one of the key components in the efficient delivery of
City services, and the City's telecommunications infrastructure, including the City's 800
MHz radio system, is critical to ensuring continued communications and operations; and
WHEREAS, since 1989, the City has leased rooftop space on the Spectrum
Building — located at 4901 NW 17th Way, Fort Lauderdale, Florida 33309 — for the City's
radio system antenna and related equipment, and this antenna site is essential for
efficient radio communication on the east side of the City; and
WHEREAS, the City's current twenty (20) year lease with Spectrum Park I, J.V.
expires on July 31, 2024, thereby requiring renewal, and, as the current Lease with
Spectrum Park I, J.V. was approved by City Commission Resolution R-2004-168, on file
with the City Clerk's Office, City Commission approval is required for the Lease Extension
and Amendment #1; and
WHEREAS, the City has negotiated a Lease Extension and Amendment #1,
attached hereto as Exhibit 1, to the City's Lease with Spectrum Park I, J.V., represented
by their property manager Levy Realty Advisors, Inc., to extend the lease for an additional
ten (10) years commencing on August 1, 2024, at a new initial monthly rate of $438.00
per month (or $5,256.00 per year), providing for 3% annual increases, with a total ten (10)
year lease cost of $60,254.15; and
WHEREAS, funding is available in the FY2024 Information Technology Budget,
Rentals and Leases account, and appropriate funds will also be requested in future fiscal
year budgets; and
Temp. Reso. #14038
December 13, 2023
Page 3 of 6
WHEREAS, it is the recommendation of the Chief Information Officer and the
Purchasing and Contracts Manager that the City Commission of the City of Tamarac
approve the proposed Lease Extension and Amendment #1 to the City's Lease with
Spectrum Park I, J.V. — which provides for rooftop space on the Spectrum Building for the
City's radio system antenna and related equipment — to extend the lease for an additional
ten (10) years commencing on August 1, 2024, at a new initial monthly rate of $438.00
per month (or $5,256.00 per year), providing for 3% annual increases, with a total ten (10)
year lease cost of $60,254.15; and authorize the appropriate City Officials to execute the
Lease Extension and Amendment #1 with, and to issue any required Purchase Orders to,
Spectrum Park I, J.V.; and
WHEREAS, the City Commission of the City of Tamarac, deems it to be in the best
interests of the citizens and residents of the City of Tamarac to approve the proposed
Lease Extension and Amendment #1 to the City's Lease with Spectrum Park I, J.V. —
which provides for rooftop space on the Spectrum Building for the City's radio system
antenna and related equipment — to extend the lease for an additional ten (10) years
commencing on August 1, 2024, at a new initial monthly rate of $438.00 per month (or
$5,256.00 per year), providing for 3% annual increases, with a total ten (10) year lease
cost of $60,254.15", and to authorize the appropriate City Officials to execute the Lease
Extension and Amendment #1 with, and to issue any required Purchase Orders to,
Spectrum Park I, J.V.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA THAT:
Temp. Reso. #14038
December 13, 2023
Page 4 of 6
Section 1. The foregoing recitals are true and correct and hereby adopted as
the legislative and administrative findings of the City Commission; all exhibits attached
hereto are incorporated herein and made a specific part of this Resolution.
Section 2. The City Commission approves the Lease Extension and
Amendment #1 to the City's Lease with Spectrum Park I, J.V. — which provides for rooftop
space on the Spectrum Building for the City's radio system antenna and related
equipment — to extend the lease for an additional ten (10) years commencing on August
1, 2024, at a new initial monthly rate of $438.00 per month (or $5,256.00 per year),
providing for 3% annual increases, with a total ten (10) year lease cost of $60,254.15;
and authorizes the appropriate City Officials to execute the Lease Extension and
Amendment #1 with, and to issue any required Purchase Orders to, Spectrum Park I, J.V.
Section 3. Funding is available for the City's lease with Spectrum Park I, J.V.
from the appropriate accounts in the FY2024 budget, and appropriate funds will also be
included in future fiscal year budgets, for a total cost not to exceed $60,254.15.
Section 4. All resolutions or parts of resolutions in conflict herewith are hereby
repealed to the extent of such conflict.
Section 5. Any scrivener or typographical errors that do not affect intent of this
Resolution may be corrected with notice to and authorization of the City Attorney and City
Manager without further process.
Section 6. If any clause, section, other part, or application of this Resolution is
held by any court of competent jurisdiction to be unconstitutional or invalid, in part or
Temp. Reso. #14038
December 13, 2023
Page 5 of 6
application, it shall not affect the validity of the remaining portions or applications of this
Resolution.
Remainder of page intentionally left blank
Temp. Reso. #14038
December 13, 2023
Page 6 of 6
Section 7. This Resolution shall become effective immediately upon adoption.
PASSED, ADOPTED AND APPROVED this 13' day of December, 2023.
ATTEST:
K _BERLY DI LON, CMC
CITY CLERK
MIC ELLE J. GOMEZ
MAYOR
RECORD OF COMMISSION VOTE:
MAYOR GOMEZ:
DIST 1: V/M. BOLTON �4
DIST 2: COMM. WRIGHT (A14-A
DIST 3: COMM. VILLALOBOS
DIST 4: COMM. DANIEL
APPROVED TO FORM AND LEGAL SUFFICIENCY FOR
THE U A RELIANCE OF THE CITY OF TAMARAC ONLY.
ANS TIN T
CITY ATTORNEY
LEASE EXTENSION
And
AMENDMENT 41 TO LEASE
This Lease Extension and Amendment #1 to Lease made and entered into this i?J1,t`day of
NAbeV 2023 by and between Spectrum Park I, J.V., hereinafter "Landlord" or "Entity"
and The City of Tamarac, a Florida municipal corporation, hereinafter "Tenant" (collectively,
the "Parties").
WITNESSETH
Whereas, the Landlord and Tenant entered into a certain Lease dated July 4, 2004, (the
"Lease"), for the portion of the roof penthouse located at 4901 N.W. 17th Way, Fort Lauderdale,
FL 33309, and;
Whereas, but for this Amendment #1, the Lease expires on July 31, 2024; and,
Whereas, the Parties desire to extend the term of the Lease for an additional Ten
(10)years upon the terms and conditions hereinafter set forth.
Now, Therefore, in consideration of the foregoing the mutual covenants contained herein
and other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, Landlord and Tenant agree as follows:
1. Extended Term: Landlord and Tenant hereby agree to extend the Term of
the Lease for a period of ten (10) additional years commencing August 1, 2024, and expiring on
July 31, 2034,
2. Rent Schedule: Commencing on August 1, 2024, and continuing through
July 31, 2034, Tenant shall pay to Landlord, monthly rent installments according to the payment
schedule below:
Dates Tax Exempt Rent per Month
08/01/24 — 07/31/25
$438.00
08/01/25
— 07/31/26
$451.14
08/01/26
— 07/31/27
$464.67
08/01/27
— 07/31/28
$478.61
08/01/28
— 07/31/29
$492.97
08/01/29 —
07/31/30
$507.76
08/01/30
— 07/31/31
$522.99
08/01/31 —
07/31/32
$538.68
08/01/32 —
07/31/33
$554.85
08/01/33 —
07/31/34
$571.49
C:\Users\jlevy\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\9P3PANOQ\2023-10-12 AMENDMENT TO LEASE City of
Tamarac Roof.doc
3. Tenant represents to Landlord that the Lease and this Amendment #1 are in full
force and effect. Tenant has no claims against Landlord and Tenant has no defenses or offsets to
its obligation under the Lease or this Amendment #1.
4. Except as modified or changed by this Amendment #1 all of the other terms and
conditions of the Lease shall remain in full force and effect.
5. Scrutinized Companies — Florida Statute Sections 287.135 and 215.473
5.1 By execution of this Agreement Amendment, Landlord certifies that Landlord is not
participating in a boycott of Israel. Landlord further certifies that Landlord is not on the
Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities
in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum
Energy Sector List, or has Landlord been engaged in business operations in Syria. Subject
to limited exceptions provided in state law, the Tenant will not contract for the provision of goods
or services with any scrutinized company referred to above.
5.2 Submitting a false certification shall be deemed a material breach of contract.
The Tenant shall provide notice, in writing, to Landlord of the Tenant's determination
concerning the false certification. Landlord shall have five (5) days from receipt of notice to
refute the false certification allegation. If such false certification is discovered during the active
contract term, Landlord shall have ninety (90) days following receipt of the notice to respond in
writing and demonstrate that the determination of false certification was made in error. If
Landlord does not demonstrate that the Tenant's determination of false certification was made
in error then the Tenant shall have the right to terminate the contract and seek civil remedies
pursuant to Section 287.135, Florida Statutes, as amended from time to time.
6. E-Verify
As a condition precedent to entering into this Amendment #1, and in compliance with
Section 448.095, Fla. Stat., Landlord and its subcontractors shall, register with and use the E-
Verify system to verify work authorization status of all employees hired after January 1, 2021.
Landlord shall require each of its contractor to provide Landlord with an affidavit stating that the
subcontractor does not employ, contract with, or subcontract with an unauthorized alien.
Landlord shall maintain a copy of the subcontractor's affidavit as part of and pursuant to the
records retention requirements of this Agreement. Tenant, Landlord, or any subcontractor who
has a good faith belief that a person or Landlord with which it is contracting has knowingly
violated Section 448.09(1), Fla. Stat. or the provisions of this section shall terminate the contract
with the person or Landlord. Tenant, upon good faith belief that a subcontractor knowingly
violated the provisions of this section; but Landlord otherwise complied, shall promptly notify
Landlord and Landlord shall immediately terminate the contract with the subcontractor. An
agreement or contract terminated under the provisions of this section is not a breach of contract
and may not be considered such. Any agreement or contract termination under the provisions of
C:\Users\jlevy\AppData\Local\Microsoft\Windows\fNetCache\Content.Outlook\9P3PANOQ\2023-10-12 AMENDMENT TO LEASE City of
Tamarac Roof doc
this section may be challenged pursuant to Section 448.095(2)(d), Fla. Stat. Landlord
acknowledges that upon termination of this Agreement by the Tenant for a violation of this
section by Landlord, Landlord may not be awarded a public contract for at least one (1) year.
Landlord further acknowledges that Landlord is liable for any additional costs incurred by the
Tenant as a result of termination of any contract for a violation of this section. Landlord or
subcontractor shall insert in any subcontracts the clauses set forth in this section; requiring the
contractor to include these clauses in any lower tier subcontracts. Landlord shall be responsible
for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in this
section.
Public Records
7.1 The Tenant is a public agency subject to Chapter 119, Florida Statutes.
The Landlord shall comply with Florida's Public Records Law. Specifically, Landlord
shall:
7.1.1 Keep and maintain public records required by the Tenant in order to
perform the service.
7.1.2 Upon request from the Tenant, provide the public agency with a copy of
the requested records or allow the records to be inspected or copied within
a reasonable time at no cost to the Tenant.
7.1.3 Ensure that public records that are exempt or confidential and exempt
from public records disclosure requirements are not disclosed except as
authorized by law for the duration of the contract term and following
completion of the Agreement and any renewals thereof if Landlord does
not transfer the records to the Tenant.
7.1.4 Upon completion of the Agreement, transfer, at no cost to the Tenant, all
public records in possession of Landlord, or keep and maintain public
records required by the Tenant to perform the service. If Landlord
transfers all public records to the Tenant upon completion of the
Agreement, Landlord shall destroy any duplicate public records that are
exempt or confidential and exempt from public records disclosure
requirements. If Landlord keeps and maintains public records upon
completion of the Agreement, Landlord shall meet all applicable
requirements for retaining public records. All records stored electronically
must be provided to the Tenant, upon request from the Tenant's custodian
of public records in a format that is compatible with the information
technology systems of the Tenant.
7.2 During the term of this Agreement and any renewals, Landlord shall maintain all
books, reports and records in accordance with generally accepted accounting practices
and standards for records directly related to this Agreement.
8. Public Records Custodian
IF LANDLORD HAS QUESTIONS REGARDING THE
C:\Users\jlevy\AppData\Local\Microsoft\Windows\NetCache\Content.Outlook\9P3PANOQ\2023-10-12 AMENDMENT TO LEASE City of
Tamarac Roof.doc
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO
LANDLORD'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN
OF PUBLIC RECORDS AT:
CITY CLERK
7525 NW 88TH AVENUE
ROOM 101
TAMARAC, FL 33321
(954) 597-3505
CITYCLERK(i ,TAMARAC.ORG
9. Foreign Entity Ownership Affidavit
Entity shall complete the Foreign Entity Ownership Affidavit to attest to the following included
herein as Appendix A:
10.1 The Entity is not owned by the government of a foreign country of concern as defined in
Section 287.138, Florida Statutes. (Source: § 287.138(2)(a), Florida Statutes); The
government of a foreign country of concern does not have a controlling interest in Entity.
(Source: § 287.138(2)(b), Florida Statutes); The Entity is not organized under the laws of,
and does not have a principal place of business in, a foreign country of concern. (Source:
§ 287.138(2)(c), Florida Statutes); The Entity is not owned or controlled by the
government of a foreign country of concern, as defined in Section 692.201, Florida
Statutes. (Source: § 288.007(2), Florida Statutes); The Entity is not a partnership,
association, corporation, organization, or other combination of persons organized under
the laws of or having its principal place of business in a foreign country of concern, as
defined in Section 692,201, Florida Statutes, or a subsidiary of such Entity. (Source: §
288.007(2), Florida Statutes); The Entity is not a foreign principal, as defined in Section
692.201, Florida Statutes. (Source: § 692.202(5)(a)(1), Florida Statutes); and The Entity
is in compliance with all applicable requirements of Sections 692.202, 692.203, and
692.204, Florida Statutes.
10.2 Pursuant to the purchase of any Real Property, the Entity is not a foreign principal
prohibited from purchasing the subject real property. Entity is either (a) not a person or
Entity described in Section 692.204(1)(a), Florida Statutes, or (b) authorized under
Section 692.204(2), Florida Statutes, to purchase the subject property. Entity is in
compliance with the requirements of Section 692.204, Florida Statutes. (Source: §§
692.203(6)(a), 692.204(6)(a), Florida Statutes).
Landlord and Tenant have mutually agreed to the terms and conditions of this Lease Extension
and Amendment 41 to Lease and hereunto executed this instrument for the purpose herein
expressed as of the date and year first above written.
Signed, sealed and delivered to each other:
C:\Users\jlevy44ppDataXLoca[\Microsoft\Windows\lNetCache\Content.Outlook\9P3PANOQ\2023-10-12 AMENDMENT TO LEASE City of
Tamarac Roof doc
LANDLORD:
SPECTRUM PARK I, J.V.
Levy Realty Advisors, LLC.
Property Manager
By: �A AA� 10ll A45
Josh Levy, COO/Manager
TENANT:
THE CITY OF TAMARAC
Leve Sucuo lu Manager
g � City
C:\Users\jlevy\AppData\LocalWicrosoft\Windows\1NetCache\Content.Outlook\9P3PANOQ\2023-10-12 AMENDMENT TO LEASE City of
Tamarac Roof.doc
Affidavit of Compliance with Foreign Entity Laws
The undersigned, on behalf of the entity listed below ("Entity"), hereby attests under penalty of perjury as
follows:
1. Entity is not owned by the government of a foreign country of concern as defined in Section
287.138, Florida Statutes. (Source: § 287.138(2)(a), Florida Statutes)
2. The government of a foreign country of concern does not have a controlling interest in Entity.
(Source: § 287.138(2)(b), Florida Statutes)
3. Entity is not organized under the laws of, and does not have a principal place of business in, a
foreign country of concern. (Source: § 287.138(2)(c), Florida Statutes)
4. Entity is not owned or controlled by the government of a foreign country of concern, as defined in
Section 692.201, Florida Statutes. (Source: § 288.007(2), Florida Statutes)
5. Entity is not a partnership, association, corporation, organization, or other combination of persons
organized under the laws of or having its principal place of business in a foreign country of concern, as
defined in Section 692.201, Florida Statutes, or a subsidiary of such entity. (Source: § 288.007(2), Florida
Statutes)
6. Entity is not a foreign principal, as defined in Section 692.201, Florida Statutes. (Source:
§ 692.202(5)(a)(1), Florida Statutes)
7. Entity is in compliance with all applicable requirements of Sections 692.202, 692.203, and
692.204, Florida Statutes.
8. (Only applicable if purchasing real property) Entity is not a foreign principal prohibited from
purchasing the subject real property. Entity is either (a) not a person or entity described in Section
692.204(1)(a), Florida Statutes, or (b) authorized under Section 692.204(2), Florida Statutes, to purchase
the subject property. Entity is in compliance with the requirements of Section 692.204, Florida Statutes.
(Source: §§ 692.203(6)(a), 692.204(6)(a), Florida Statutes)
9. The undersigned is authorized to execute this affidavit on behalf of Entity.
Date: OC 6k� [9 20_;3 Signed: L& �-W
Entity:
STATE OF 1 '- " &-
COUNTY OF ' !I
Name: 0-05� k:� y "I
Title: C4 0 ! Kagy-M
The foregoing instrument was ackr�{1 ow edged before me, by
notarizatioc , .)hi day of ,/ 20 , b
for 101y Wli/
who is personalYy known t • me or who has oduced
Notary Public Signature:
V
Print Name:
of ® physic�l presence or ❑ online
�ii,ir ,)! a . as
as wenuncauun.
State of Florida at Large (Seal)) r
My commission expires: i" ( `f
."_ •;.- hlolari t'uiilit. S!et: of Florida
rom;uisyiouF:.1-11iP47
F.0 Conu usaio,! .pus 61,116
C:\Users\jlevy\AppData\Local\Microsoft\Windows\1NetCache\Content.Outlook\9P3PANOQ\2023-10-12 A.\4ENDMENT TO LEASE City of
Tamarac Roofdoc
TAMARAC
The City For Your Life
City of Tamaiac Purchasing and Contracts Division
Affidavit of Compliance with Foreign Entity Laws
The undersigned, on behalf of the entity listed below ("Entity"), hereby attests under penalty of perjury
as follows:
1. Entity is not owned by the government of a foreign country of concern as defined in Section
287.138, Florida Statutes. (Source: § 287.138(2)(a), Florida Statutes)
2. The government of a foreign country of concern does not have a controlling interest in
Entity. (Source: § 287.138(2)(b), Florida Statutes)
3. Entity is not organized under the laws of, and does not have a principal place of business
in, a foreign country of concern. (Source: § 287.138(2)(c), Florida Statutes)
4. Entity is not owned or controlled by the government of a foreign country of concern, as
defined in Section 692.201, Florida Statutes. (Source: § 288.007(2), Florida Statutes)
5. Entity is not a partnership, association, corporation, organization, or other combination of
persons organized under the laws of or having its principal place of business in a foreign country of
concern, as defined in Section 692.201, Florida Statutes, or a subsidiary of such entity. (Source:
§ 288.007(2), Florida Statutes)
6. Entity is not a foreign principal, as defined in Section 692.201, Florida Statutes. (Source:
§ 692.202(5)(a)(1), Florida Statutes)
7. Entity is in compliance with all applicable requirements of Sections 692.202, 692.203, and
692.204, Florida Statutes.
8. (Only applicable if purchasing real property) Entity is not a foreign principal prohibited from
purchasing the subject real property. Entity is either (a) not a person or entity described in Section
692.204(1)(a), Florida Statutes, or (b) authorized under Section 692.204(2), Florida Statutes, to
purchase the subject property. Entity is in compliance with the requirements of Section 692.204,
Florida Statutes. (Source: §§ 692.203(6)(a), 692.204(6)(a), Florida Statutes)
9. The (undersigned is authorized to execute this ffi av' n behalf f Entity.
Date: d CtOb2C 20 d117 Signed: }
Entity: Name: s� a� f1 L e V 9
/ Title: G06
STATE OF
COUNTY OF
The foregoing instrument was ackn7rged before me, by means of 01-physical presence or ❑
onli notar'zation, this day of r " 20 by
as ��! J r'C '' rVA for
who is oersonally know o r�
or wh6 has produced as identification.
Notary Public Signat Je' i 411 JWIIV State of Florida at Large (Seal)
Print Name: , /l-!'//S�li rJ;S C'I My commission expires: 6
lit
,!'_•;6�,_ac' Ci111iI Ii6iJJ ,*a, a 1011
Foreign Entity Affidavit [Rev. 7/21/2023]
LEASE EXTENSION
And
AMENDMENT #1 TO LEASE
This Lease Extension and Amendment 91 to Lease made and entered into this day of
Dktt k4 eV 2023 by and between Spectrum Park I, J.V., hereinafter "Landlord" or "Entity"
and The City of Tamarac, a Florida municipal corporation, hereinafter "Tenant" (collectively,
the "Parties").
WITNESSETH
Whereas, the Landlord and Tenant entered into a certain Lease dated July 4, 2004, (the
"Lease"), for the portion of the roof penthouse located at 4901 N.W. 17th Way, Fort Lauderdale,
FL 33309, and;
Whereas, but for this Amendment #1, the Lease expires on July 31, 2024; and,
Whereas, the Parties desire to extend the term of the Lease for an additional Ten
(10)years upon the terms and conditions hereinafter set forth.
Now, Therefore, in consideration of the foregoing the mutual covenants contained herein
and other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, Landlord and Tenant agree as follows:
1. Extended Term: Landlord and Tenant hereby agree to extend the Term of
the Lease for a period of ten (10) additional years commencing August 1, 2024, and expiring on
July 31, 2034.
2. Rent Schedule: Commencing on August 1, 2024, and continuing through
July 31, 2034, Tenant shall pay to Landlord, monthly rent installments according to the payment
schedule below:
Dates Tax Exempt Rent per Month
08/01/24 —
07/31/25
$438.00
08/01/25 —
07/31/26
$451.14
08/01/26 —
07/31/27
$464.67
08/01/27 —
07/31/28
$478.61
08/01/28 —
07/31/29
$492.97
08/01/29 —
07/31/30
$507.76
08/01/30 —
07/31/31
$522.99
08/01/31—
07/31/32
$538.68
08/01/32 —
07/31/33
$554.85
08/01/33 —
07/31/34
$571.49
C:\Users\jlevy\AppData\Local\Microsoft\Windows\TNetCache\Content.Outlook\9P3PANOQ\2023-10-12 AMENDMENT TO LEASE City of
Tamarac Roof.doc
3. Tenant represents to Landlord that the Lease and this Amendment #1 are in full
force and effect. Tenant has no claims against Landlord and Tenant has no defenses or offsets to
its obligation under the Lease or this Amendment #l.
4. Except as modified or changed by this Amendment #1 all of the other terms and
conditions of the Lease shall remain in full force and effect.
5. Scrutinized Companies — Florida Statute Sections 287.135 and 215.473
5.1 By execution of this Agreement Amendment, Landlord certifies that Landlord is not
participating in a boycott of Israel. Landlord further certifies that Landlord is not on the
Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities
in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum
Energy Sector List, or has Landlord been engaged in business operations in Syria. Subject
to limited exceptions provided in state law, the Tenant will not contract for the provision of goods
or services with any scrutinized company referred to above.
5.2 Submitting a false certification shall be deemed a material breach of contract.
The Tenant shall provide notice, in writing, to Landlord of the Tenant's determination
concerning the false certification. Landlord shall have five (5) days from receipt of notice to
refute the false certification allegation. If such false certification is discovered during the active
contract term, Landlord shall have ninety (90) days following receipt of the notice to respond in
writing and demonstrate that the determination of false certification was made in error. If
Landlord does not demonstrate that the Tenant's determination of false certification was made
in error then the Tenant shall have the right to terminate the contract and seek civil remedies
pursuant to Section 287.135, Florida Statutes, as amended from time to time.
6. E-Verify
As a condition precedent to entering into this Amendment #1, and in compliance with
Section 448.095, Fla. Stat., Landlord and its subcontractors shall, register with and use the E-
Verify system to verify work authorization status of all employees hired after January 1, 2021.
Landlord shall require each of its contractor to provide Landlord with an affidavit stating that the
subcontractor does not employ, contract with, or subcontract with an unauthorized alien.
Landlord shall maintain a copy of the subcontractor's affidavit as part of and pursuant to the
records retention requirements of this Agreement. Tenant, Landlord, or any subcontractor who
has a good faith belief that a person or Landlord with which it is contracting has knowingly
violated Section 448.09(1), Fla. Stat. or the provisions of this section shall terminate the contract
with the person or Landlord. Tenant, upon good faith belief that a subcontractor knowingly
violated the provisions of this section; but Landlord otherwise complied, shall promptly notify
Landlord and Landlord shall immediately terminate the contract with the subcontractor. An
agreement or contract terminated under the provisions of this section is not a breach of contract
and may not be considered such. Any agreement or contract termination under the provisions of
C:\Users\jlevy\AppData\Local\Microsoft\Windows\[NetCache\Content.Outlook\9P3PANOQ\2023-10-12 AMENDMENT TO LEASE City of
Tamarac Roof.doc
this section may be challenged pursuant to Section 448.095(2)(d), Fla. Stat. Landlord
acknowledges that upon termination of this Agreement by the Tenant for a violation of this
section by Landlord, Landlord may not be awarded a public contract for at least one (1) year.
Landlord further acknowledges that Landlord is liable for any additional costs incurred by the
Tenant as a result of termination of any contract for a violation of this section. Landlord or
subcontractor shall insert in any subcontracts the clauses set forth in this section; requiring the
contractor to include these clauses in any lower tier subcontracts. Landlord shall be responsible
for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in this
section.
7. Public Records
7.1 The Tenant is a public agency subject to Chapter 119, Florida Statutes.
The Landlord shall comply with Florida's Public Records Law. Specifically, Landlord
shall:
7.1.1 Keep and maintain public records required by the Tenant in order to
perform the service.
7.1.2 Upon request from the Tenant, provide the public agency with a copy of
the requested records or allow the records to be inspected or copied within
a reasonable time at no cost to the Tenant.
7.1.3 Ensure that public records that are exempt or confidential and exempt
from public records disclosure requirements are not disclosed except as
authorized by law for the duration of the contract term and following
completion of the Agreement and any renewals thereof if Landlord does
not transfer the records to the Tenant.
7.1.4 Upon completion of the Agreement, transfer, at no cost to the Tenant, all
public records in possession of Landlord, or keep and maintain public
records required by the Tenant to perform the service. If Landlord
transfers all public records to the Tenant upon completion of the
Agreement, Landlord shall destroy any duplicate public records that are
exempt or confidential and exempt from public records disclosure
requirements. If Landlord keeps and maintains public records upon
completion of the Agreement, Landlord shall meet all applicable
requirements for retaining public records. All records stored electronically
must be provided to the Tenant, upon request from the Tenant's custodian
of public records in a format that is compatible with the information
technology systems of the Tenant.
7.2 During the term of this Agreement and any renewals, Landlord shall maintain all
books, reports and records in accordance with generally accepted accounting practices
and standards for records directly related to this Agreement.
8. Public Records Custodian
IF LANDLORD HAS QUESTIONS REGARDING THE
C:\Users\jlevy\AppData\Local\Microsoft\Windows\1NetCache\Content.outlook\9P3PANOQ\2023-10-12 AMENDMENT TO LEASE City of
Tamarac Roof doc
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO
LANDLORD'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN
OF PUBLIC RECORDS AT:
CITY CLERK
7525 NW 88TH AVENUE
ROOM 101
TAMARAC, FL 33321
(954) 597-3505
CITYCLERK(a,TAMARAC.ORG
9. Foreign Entity Ownership Affidavit
Entity shall complete the Foreign Entity Ownership Affidavit to attest to the following included
herein as Appendix A:
10.1 The Entity is not owned by the government of a foreign country of concern as defined in
Section 287.138, Florida Statutes. (Source: § 287.138(2)(a), Florida Statutes); The
government of a foreign country of concern does not have a controlling interest in Entity.
(Source: § 287.138(2)(b), Florida Statutes); The Entity is not organized under the laws of,
and does not have a principal place of business in, a foreign country of concern. (Source:
§ 287.138(2)(c), Florida Statutes); The Entity is not owned or controlled by the
government of a foreign country of concern, as defined in Section 692.201, Florida
Statutes. (Source: § 288.007(2), Florida Statutes); The Entity is not a partnership,
association, corporation, organization, or other combination of persons organized under
the laws of or having its principal place of business in a foreign country of concern, as
defined in Section 692.201, Florida Statutes, or a subsidiary of such Entity. (Source: §
288.007(2), Florida Statutes); The Entity is not a foreign principal, as defined in Section
692.201, Florida Statutes. (Source: § 692.202(5)(a)(1), Florida Statutes); and The Entity
is in compliance with all applicable requirements of Sections 692.202, 692.203, and
692.204, Florida Statutes.
10.2 Pursuant to the purchase of any Real Property, the Entity is not a foreign principal
prohibited from purchasing the subject real property. Entity is either (a) not a person or
Entity described in Section 692.204(1)(a), Florida Statutes, or (b) authorized under
Section 692.204(2), Florida Statutes, to purchase the subject property. Entity is in
compliance with the requirements of Section 692.204, Florida Statutes. (Source: §§
692.203(6)(a), 692.204(6)(a), Florida Statutes).
Landlord and Tenant have mutually agreed to the terms and conditions of this Lease Extension
and Amendment 41 to Lease and hereunto executed this instrument for the purpose herein
expressed as of the date and year first above written.
Signed, sealed and delivered to each other:
C:\Users\jlevy\AppData\Local\Microsoft\Windows\1NetCache\Content.Outlook\9P3PANOQ\2023-10-12 AMENDMENT TO LEASE City of
Tamarac Roofdoc
LANDLORD:
SPECTRUM PARK I, J.V.
Levy Realty Advisors, LLC.
Property Manager
By:Ok 1w
1011%45
Josh Levy, COO/Manager
TENANT:
THE CITY OF TAMARAC
I� J By: el --
Lev nt Sucuoglu, City NAnagr
C:\Users\jlevy\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\9P3PANOQ\2023-10-12 AMENDMENT TO LEASE City of
Tamarac Roof.doc
Affidavit of Compliance with Foreign Entity Laws
The undersigned, on behalf of the entity listed below ("Entity"), hereby attests under penalty of perjury as
follows:
1. Entity is not owned by the government of a foreign country of concern as defined in Section
287.138, Florida Statutes. (Source: § 287.138(2)(a), Florida Statutes)
2. The government of a foreign country of concern does not have a controlling interest in Entity.
(Source: § 287.138(2)(b), Florida Statutes)
3. Entity is not organized under the laws of, and does not have a principal place of business in, a
foreign country of concern. (Source: § 287.138(2)(c), Florida Statutes)
4. Entity is not owned or controlled by the government of a foreign country of concern, as defined in
Section 692.201, Florida Statutes. (Source: § 288.007(2), Florida Statutes)
5. Entity is not a partnership, association, corporation, organization, or other combination of persons
organized under the laws of or having its principal place of business in a foreign country of concern, as
defined in Section 692.201, Florida Statutes, or a subsidiary of such entity. (Source: § 288.007(2), Florida
Statutes)
6. Entity is not a foreign principal, as defined in Section 692.201, Florida Statutes. (Source:
§ 692.202(5)(a)(1), Florida Statutes)
7. Entity is in compliance with all applicable requirements of Sections 692.202, 692.203, and
692.204, Florida Statutes.
8. (Only applicable if purchasing real property) Entity is not a foreign principal prohibited from
purchasing the subject real property. Entity is either (a) not a person or entity described in Section
692.204(1)(a), Florida Statutes, or (b) authorized under Section 692.204(2), Florida Statutes, to purchase
the subject property. Entity is in compliance with the requirements of Section 692.204, Florida Statutes.
(Source: §§ 692.203(6)(a), 692.204(6)(a), Florida Statutes)
9. The undersigned is authorized to execute this affidavit on behalf of Entity.
Date: 6k� �, 20_�3 Signed: E& W
Entity: Name: 6a5LQ U "I
— Title: C4 0 ! (lahCy�
STATE OF 1 '� " C
COUNTY OF 7'
The foregoing instrument was ack ow edged before me, by mear s of ® physical presence or ❑ online
notarization, thi day of 20 „ by 0` ' 1 >' '� as
G
(., (, L ✓ lfI ; 9 for
who is oersonal known t , me or who has xoduced as identification.
Notary Public Signature:
Print Name:
State of Florida at Large (Seal) r
My commission expires:
_r, ,. 1•bl �i F �ioli St �^ of Florida
da .
HH 71A7
e Commis ia,r'-..piu, li6;l;r1.0 1
C:\Users\jlevy\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\9P3PANOQ\2023-10-12 AMENDMENT TO LEASE City of
Tamarac Roof.doc
TAMARAC
The City For Your Life
City of Tamarac Purchasing and Contracts Division
Affidavit of Compliance with Foreign Entity Laws
The undersigned, on behalf of the entity listed below ("Entity"), hereby attests under penalty of perjury
as follows:
1. Entity is not owned by the government of a foreign country of concern as defined in Section
287.138, Florida Statutes. (Source: § 287.138(2)(a), Florida Statutes)
2. The government of a foreign country of concern does not have a controlling interest in
Entity. (Source: § 287.138(2)(b), Florida Statutes)
3. Entity is not organized under the laws of, and does not have a principal place of business
in, a foreign country of concern. (Source: § 287.138(2)(c), Florida Statutes)
4. Entity is not owned or controlled by the government of a foreign country of concern, as
defined in Section 692.201, Florida Statutes. (Source: § 288.007(2), Florida Statutes)
5. Entity is not a partnership, association, corporation, organization, or other combination of
persons organized under the laws of or having its principal place of business in a foreign country of
concern, as defined in Section 692.201, Florida Statutes, or a subsidiary of such entity. (Source:
§ 288.007(2), Florida Statutes)
6. Entity is not a foreign principal, as defined in Section 692.201, Florida Statutes. (Source:
§ 692.202(5)(a)(1), Florida Statutes)
7. Entity is in compliance with all applicable requirements of Sections 692.202, 692.203, and
692.204, Florida Statutes.
8. (Only applicable if purchasing real property) Entity is not a foreign principal prohibited from
purchasing the subject real property. Entity is either (a) not a person or entity described in Section
692.204(1)(a), Florida Statutes, or (b) authorized under Section 692.204(2), Florida Statutes, to
purchase the subject property. Entity is in compliance with the requirements of Section 692.204,
Florida Statutes. (Source: §§ 692.203(6)(a), 692.204(6)(a), Florida Statutes)
9. The AAff (undersigned is authorizedtoexecute this ffi av' n behalf f Entity.
Date: C+OW 20 d, l Signed:
Entity: Name: s� os� I-e V 9
/ Title: Gdb/ ffigtkagtC
STATE OF
COUNTY OF IiVdl
The foregoing instrument was acknowl ged before me, by means of Wphysical presence or ❑
onli notaft tion, this day of r 20.2a, by
L6,4Id, f as t �!'J //dill/1�'rl for
� ,-,1 1111 ( , who is #ersonally know o
or wh6 has produced as identification.
Notary Public Signat re' All % ° `�1 State of Florida at Large (Seal)
Print Name: %l�r', /S;r� �`�S t'/ My commission expires: b
of 1
Foreign Entity Affidavit [Rev. 7/21/2023]