Loading...
HomeMy WebLinkAboutCity of Tamarac Resolution R-89-2759 10 11 72 13 74 15 76 77 18 1 2 2 2 2 2 2 2 2 2 2 3 3 3 Temp. Reso. #5585 CITY OF TAMARAC, FLORIDA RESOLUTION NO.R-8e- &5 A RESOLUTION AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE AN AGREEMENT WITH SPANISH RIVER ENTERPRISES, INC., FOR THE PLACEMENT OF AN ANTENNA ON THE HOLIDAY INN WEST BUILDING }'OR T'HE CITY I S COMMUNICATION SYSTEM; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY TFIE COUNC]L OF T'HE CITY OF TAMARAC, FLORIDA: SECT'ION 1:That the appropriate City officials are hereby authorized to execute an Agreement with Spanish River Enterprises, Inc., for the placement of an antenna on the Holiday Inn West Building for the Cityr s communication system, a copy of said agreement being attached hereto as rtExhibit 1u. SECTIO\I 2z This Resolution shall become effective upon adoption. PASSED, ADOPTED AND APPROVED this ATTEST: CA LA.NS CITY CLERK I HEREBY CERTIFY that I have approved this Resolution asto form. NORMAN ABRAMOWITZ MAYOR RECORU U' uw\rrl0lL VOTE ,AE d, day of 1989. 1 2 3 A 5 6 7 I 9 0 RvJ^a*,0 MAYOR DISTRICT 1: DISTRICT 2: DISTRICT 3: OISTRICT 4: RICHARD DOODY CITY ATTORNEY 33 34 35 7 2 3 4 5 6 44ffi-4 4 LEASE AGREEMENT THIS LEASE AGREEMENT, made and entered into this lst day of October , 1989, by and between the City of Tamarac, a municipal corporation of the State of Florida, hereinafter referred to as trCfTY' and Spanish River Enterprises, fnc., hereinaf ter ref erred to as tTSPANISH RMRr'. WITNESSETHs WHEREAS, the City Council of the City of Tamarac determines that it is in the pr:blic interest to lease space f rom Spanish River Enterprises, fnc., to be used by the city's Police Department for the installation of communication antennas, and equipment pertaining thereto, and WHEREAS, dlr efficient communication system is a vital part of the protection provided to the residents of the City of Tamarac by the Police Department, NOw, THEREFORE, it is mutually agreed by and between the parties to this Lease Agreement as follows: 1 PROPERTY. Parcel A, 'Leder'Platbook 79, Page Broward County. Subdivision, as recorded25 of the Public Records u /* H. L,, a-81- e l9 inof SPANISH RMR does hereby agree to lease to CITY a portion of the roof-top of the Holiday Inn West located at 5100 N. State Road 7, Fort Lauderdale, Broward County, Florida. The 1ega1 description of said premises is as follows: 2. RENT The CITY agrees Dollars per antenna, described property. to pay to SPANISH RIVER Sixty (S50.00) per month, as total rent for the above Rent shal1 be payable in monthly -1- T R-sq'e'7s installments due on the 1st day of each month. payments shall commence in October, 1989 and continue until the expiration or termination of this lease as elsewhere provided for herein. rf applicable, city of Tamarac agrees to pay all sales taxes on rent. The number of antennas which the city intends to place on Spanish River roof is I , in accor- dance with the pran specified in Exhibit uAu attached hereto. 3 NOT]CE. All rental payments and notices required to be paid by the crrY to sPANrsH RrvER and shall be mailed to 5100 N. State Road 7, Fort Lauderdale, Florida 33309. All notices required to be sent by SPANISH RfVER to the CITY, shal1 be sent to, City Manager, City of Tamarac , '7525 N.W. SBth Avenue, Tamarac, Florida 33327. A11 notices shall be sent by certified mai1, return receipt requested, Eo the addresses listed herein. 4 ADDITIONAL ANTENNAS AND EQUIPI{ENT. crrY sha11 have the right to affix additional antennas to the leased premises during the term of the lease. Before affixing additional antennas and equipment, CITY shall be required to obtain the written consent of spANrsH RrvER. sPANrsH RrvER reserves the right to withhold consent for additional antennas in its sole discretion. tr EOUIPMENT TO REMAIN PROPERTY OF CITY OF TAMARAC. A11 antennas so affixed during the term of this Agreement and all equipment pertaining thereto sha11 the property of CITY. Lease remain 5 LOCAL, STATE AND FEDERAL REGULATIONS. CITY sha11 ensure that all installation and location of -2- R-87 -2 7{ antennas and all Federal, equipment pertaining thereto sha1l comply with State and Loca1 Government regulations. 7. WARRANTIES. The CfTY shall ensure that the installation and use of the antennas and equipment pertaining thereto sha1l not interfere with the transmission or reception of radio, television or telephone signals or equipmenE of any existing tenant or future tenant of SPANISH RIVER. Upon termination of this lease the antennas sha1I be removed by CITY at CITYTs own expense and any repairs necessary to the demised premises to restore premises in a condition as of the commencement of this lease shall be made by CITY. 8.UTILITIES. SPANISH RfVER agrees to provide, dt SPANISH RIVERT s expense, €lectrical facilities and outlets of 110 volt a.c. power for the operation of CITYTs equipment which is to be wired to receptacles adjacent to CITY's equipment with each such receptacle to be on a separate 20 Amp circuit breaker. CITY specifically acknowledges that existing electrical service has been inspected by CITY and/or its agents, and that said electrical service conforms with the requirements of this paragraph. 9. MAINTENANCE. CITY sha11 not be required or be responsible for maintaining any part of the leased premises and the maintenance requirements of painting the interior or exterior of the structure or placement of light bu1bs, lighting equipment, electrical outletsr ond any maintenance of whatever kind pertaining to the roof sha11 remain the responsibility of SPANISH RMR. The City will have the -3- K- 8"i 2?{ responsibility to repair any damage to the property of sPANrsH RrvER which occur as a result of the installation or repair of crrY's equipment. The city shal1 be responsible for the installation, maintenance, repair or removal of a1r equipment installed by CITY hereunder. 1.0. MECHANICS LIENS. The interest of SPANISH RIVER shall not be subject to liens for improvements made by the city and a short form of this Lease shall be filed in the public records of Broward County, Florida to evidence the prohibition of such liability. ft is agreed and understood that the City, dt its expense and with due diligence and dispatch, shal1 procure the cancellation and discharge of all notices of violation or liens arising from or otherwise connected with, the perform- ance of any construction relating to the premises leased hereunder or any other work, labor, senrices or material done for or supplied to the City or any person claiming through or under the City, which shall be issued by any public authority having any jurisdiction or asserting jurisdiction. The City sha1l have no authority to create any liens for labor or materials against the premises leased hereunder and the City shal1 defend, indemnify and save Spanish River harmless from and against any and all mechanics and other liens and encum- brances fited in connection with any work, labor, senziees or materials done for or supplied to the City or any person claiming through or under the City and against all costs, expenses and liabilities (including reasonable attorneys fees to and through any appellate and/or supplemental proceedings) incurred in connection with any such lien or encumbrance or any action or proceeding brought thereon. The CITY agrees that, prior to contracting for any 1abor, material or senrices to be supplied to equipment installed by CITY, other -4- n ft - 81 "'7{ than emergency repairs, crrY sha11 notify spANrsH RIVER at least 48 hours in advance of the nature of such service to be performed, the name and address of the contractor, and provide a copy of the contract for the work to be performed. 11. INSURANCE. CfTY shal1 provide a statement to SPANISH RIVER from its Risk Manager stating that the CfTY is insured up to the statutory limits set forth in 768.28, Florida Statutes, or its successor. ft is agreed that CITY's liability shaI1 be limited to said statutory amounts. 72. INDEMNIFlCATION The CITY shal1 indemnify and hold Spanish River and its partners, directors, officers, agents and employees harmless from and against any and all claims arising from or in connection with (a) the possession and occupancy of the premises leased hereunder or any work or thing whatsoever done (other than by SPANISH RMR) or any condition created (other than by SPANISH RIVER) in or about said prenrises during the term of this Lease; (b) any act, omission or negligence of the CITY, its subtenants or its or their agents, employees or contractorsi (c) any accident, injurlr or damage whatsoever caused by the CfTY or any of its sub- tenants or its or their partners, directors, officers, agents, employees or contractors (unless caused by SPAIIISH RIVER) occurring in, at or upon the premises leased here- under; and together with all costs, expenses and liabilities incurred in or in connection with each such claim or action or proceeding brought thereon, including, without limitation, all reasonable attorneys fees (to and through appellate and supplemental proceedings) and expenses. In case any action or proceeding is brought against SPANISH RIVER and/or its -5- (-o\-275 partners, directors, officers, agents and,/or employees by reason of any claim indemnified hereunder, the CITy, upon notice from SPANISH RIVER shal1 resist and defend such action or proceeding by counsel reasonably satisfactory to Spanish River. n SPANISH RMR shal1 hold CITY harmless f rom and indemnify CITY from any and all claims, causes of action, damages, costs, expenses and attorneyrs fees which the CITy shal1 suffer by virtue of any acts or omissions to act upon the part of SPANISH RMR its tenantsr dg€nlsr €mployees, members, representatives or guests. 13. This execut ion previously AMENDMENTS. agreement shall be amended of a written document of approved by both parties. only equal by the digni ty proper hereto T4. SUBORDINATION OF LEASE. This Lease, and all rights of the Cit.y hereunder, are and shall be subject to and subordinate to any and all mortgages which may now or hereafter affect the property leased hereunder and this subordination shal1 likewise apply to each and every advance made or hereafter to be made under such mortgages, to all renewals, modifications, replacements and extensions of such mortgages and to spreaders and consolidations of the same. This paragraph shal1 be self- operative and no further instrument of subordination shal1 be required. fn confirmation of such subordination, the CITY sha11 promptly execute, acknowledge and deliver any insEru- ment that SPANISH RMR or the holder of any such mortgage (or their respective successors in interest) may reasonably request to evidence such subordination. ].5. ASS]GNMENTS. -6- T This agreement may be assigned by either party without first obtaining approval from the other party. 15. VENUE. In connection with any venue sha11 be set in Broward (- 81' d'7{ Iitigation rising hereunder, County, Florida. L'7 . WAIVER. Failure or delay on the part of the CITY RIVER to exercise any right, power or privilege sha11 not operate as a waiver thereof. or SPANISH hereunder 18. CONDITTONS PRECEDENT AND EARLY TERMINATTON. (a) The parties acknowledge that the purpose of this lease is to allow the CITY to engage in the receiving and broadcasting of certain radio signals in the ongoing conduct of CITYTs public safety operation. fn the event the CITY is unable to secure all required Federal, State, County and/or Municipal licenses necessary to review and continue an operation of such public safety communications, CfTYrs obligation to pay rent hereunder and SPANISH RIVER's obligation to lease their premises sha1l terminate upon notification to SPANISH RIVER by CITY with the proviso that CITY sha1l have first used due diligence in attempting to secure said licenses and permits. (b) Further SPANISH RMR agrees to execute any and all reasonably necessary documents for the issuance of any of the aforementioned licenses or permits. The execution of any document sha11 be at no expense or liability to SPANISH RIVER. (c) The parties acknowledge that Federal regulations require Lhat the CfTY make avaitable use of a certain portion of Channels License to CfTY within the first 35 months of the -7- R-s1 'e7{ issuance of FCC licenses and that should CITY fail to meet said requirements, licenses may be revoked by the FCC and in such event CITY may terminate this Lease Agreement by providing SPANISH RIVER with thirty (30) days written notice. 19. SECURTTY. SPANISH RfVER agrees to provide reasonable security for CfTYrs equipment on or about the leased premises. 20. TMPOSSIBILITY TO PERFORM If the leased property becomes untenantable due to fire or other casualty or CITY is prohibited from using the same for the purposes specified herein because of federal, State or loca1 regulations noh, or hereinafter in force, or if the leased premises becomes unfit or undesirable tor radio communications due to causes beyond the control of the CITY, the CfTY may terminate this Lease Agreement upon thirty (30) days written notice. 2T. ACCESS TO LEASED PREMISES. The CITY, its employees, sub-contractors or sub-lessees, sha1I have the right of ingress and egress to the leased premises upon reasonable notice and at reasonable times except in the event of an emergency. 22. OPTTON TO RENEW. SPANISH RIVER hereby grants the CITY an option to renew this Lease Agreement for two additional periods of five (5) years each, with the same terms and conditions except for the rental amounts. With regard to rental amounts, said amounts may be renegotiated by the parties hereto during the last ninety (90) days of the initial period of the Lease. Additionally, should the first five (5) year option be -B- ( 81 ati exercised, the rental rate shaI1 be renegotiated within the last ninety (90) days of said five (5) year period. In no event shal1 the rent as renegotiated exceed the rental called for pursuant to this Agreement plus ten (10*) percent. 23. TERMINATION. Either party may terminate reason whatsoever upon 120 days party. this Lease Agreement for any written notice to the other for a period of October 24. The of f ive 1989 and TERM. term of this Lease Agreement sha1I be (5) years commencing on the first day ending on the 30th 66y sg September l9g7. qr1 (lt 25 . PR]OR }IEGOTIATIONS. This Lease Agreement constitutes the entire agreement of the parties hereto and sha1l supersede all prior offers, negotiations and agreements made in connection with the subject matter set forth herein. -9- IN WITNESS WHEREOF, the parties have hereunto set their' hands and seals on the day and year first above written. W]TNESSES:CITY F TAMARAC IBy: MAYOR By: C ATTEST: rTY E Approved As to form: (- t9'a ?{ SPANISH RIVER ENTERPRISES, INC. Q,&^*P CITY ATTORN W]TNESSES: By: By: T t1e STATE OF' FLORIDA cc COUNTY OF BROWARD -4- ^lw- this .3 / aay of eut 9'/ , before me personally appeared NORMAN ABRAMOWITZ, ,JOHN KELLY and CAROL A. EVANS, Mayor, City Manager and City Clerk, respectively, of the City of Tamarac, a municipal corporation of Florida, and they acknowledged that they executed the foregoing instrument as the proper City officials of the City of Tamarac, Florida, and the same is the act and deed of said City of ) ) ) I HEREBY CERTIFY that on -l_0- I R_ 87-)7i Tamarac. WITNESS my hand and and County aforesaid this r0rAtY PUtilc slrtt 0F rtonlDttl CLllrISSI0l tIP StPI t7,t9g() 30rDtu Ir{,tu 6tttiAt lt5. uto. -L/-_Zt to/ NoLary Public official-< -r'l'ZIJt day seal of Crr at Tamarac in the 1989. State STATE OF FLORIDA COUNTY OF BROWARD ) ) ) cc I HEREBY CERTIFY that on t.his lst day of October , 1989 , before me personatly appeared Jon R. Levinson to me known, who being duly sworn by me, did depose and say that he is Vice President of SPANISH RIVER ENTERPRISES, INC., the corporation described in and which executed the foregoing Agreement; that he knows the seal of said corporation; that one of the impressions affixed to said Agreement is an impression of such seal; that he is the proper official of said corporation designed to execute such Agreement; he has authority so to do, t.hat he executed same for and in behalf of said corporation, and his acts are the acts and deeds of said corporation. WITNESS my hand and official seal at Broward County in the State and County aforesaid this ]:] day of October , 1989. No ry c - 11- lloc rDA / t.'/,r/ 5 /oo l, 3rnr; , R o. 7 FT, Li uDE ({PA t-L / FL , R- f1 - a?{ ,f No?rtl Xlo E-r,4 PaRKtJc A LEA TaeToko Lrt /Ztce rvrp I lo, 7ttdt1AITE^JIIA ATTacps.g T,o' ELev*ToL PerlrHo<lSA, ELELTR.,^L A^l O fELLPlo^lL auTLErs *r SAHE, R H ooFAtcrl L-o,J ,RocF l-l t64 R co. ?n-rlo Arzqrt ( ELLV,@trf.F*n lt EY/ltB/T' A