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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]