HomeMy WebLinkAboutCity of Tamarac Resolution R-89-2759
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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.
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MAYOR
DISTRICT 1:
DISTRICT 2:
DISTRICT 3:
OISTRICT 4:
RICHARD DOODY
CITY ATTORNEY
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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
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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
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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
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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
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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
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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.
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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
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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
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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
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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.
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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
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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
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I HEREBY CERTIFY that on
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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.
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NoLary Public
official-<
-r'l'ZIJt day
seal
of Crr
at Tamarac in the
1989.
State
STATE OF FLORIDA
COUNTY OF BROWARD
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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
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