HomeMy WebLinkAboutCity of Tamarac Resolution R-2018-105Temp. Reso # 13161
August 3, 2018
Page 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2018-��
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
TAMARAC, FLORIDA, APPROVING A GROUND LEASE AND
JOINT USE AGREEMENT WITH BROWARD COUNTY AND
AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO
EXECUTE THE SAID DOCUMENTS FOR THE
CONSTRUCTION OF A 300 FOOT PUBLIC SAFETY RADIO
TOWER AND GROUND EQUIPMENT FACILITY IN THE CITY
HALL PROPERTY LOCATED AT 7525 NW 88T" AVENUE,
TAMARAC, FLORIDA 33321 AT AN ANNUAL RENT OF $10
FOR A MAXIMUM TERM OF FIFTY (50) YEARS, PROVIDING
FOR CONFLICTS, PROVIDING FOR SEVERABILITY, AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on March 26, 1997 the City of Tamarac approved an Interlocal
Agreement with Broward County to install public safety radio antennas on an existing
monopole at the City Hall property, and
WHEREAS, Broward County is currently implementing a major public safety radio
system upgrade and the system design is calling for a 300 foot tower at this site; and
WHEREAS, Broward County is proposing a Ground Lease and Joint Use Agreement
to develop a new 300 foot tower and ground facilities to locate the new public safety radio
system components at the same location; and
WHEREAS, Broward County will pay the City's expenses to relocate the City's radio
equipment currently residing on the existing 180 foot cellular tower and in the ground
equipment shelter to the new 300 foot public safety radio tower and the new ground
equipment shelter; and
WHEREAS, the existing 180 foot public safety tower and the equipment shed shall
be removed by Broward County and the site will be restored to its original condition; and
WHEREAS, initial term of the proposed Lease Agreement is for ten (10) years with
Temp. Reso # 13161
August 3, 2018
Page 2
four (4) automatic additional terms of ten (10) years each for a maximum of fifty (50) years
at an annual rent of $10, and
WHEREAS, the Director of IT and the City Manager recommend approval of the
Ground Lease and Joint Use Agreement; and
WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in
the best interests of the citizens and residents of the City of Tamarac to approve the Ground
Lease and Joint Use Agreement (attached hereto as Exhibit 1) with Broward County and
authorize the appropriate City Officials to execute such documents to construct a 300 foot
public safety radio tower and ground facilities in the City Hall Property at an annual rent of
$10 for an initial term of ten (10) years with four (4) automatic ten (10) year extensions.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA:
SECTION 1: That the foregoing "WHEREAS" clauses are hereby ratified and
confirmed as being true and correct and are hereby made a specific part of this Resolution.
All exhibits referenced herein are incorporated and made a specific part of this resolution.
SECTION 2: The City Commission approves the Ground Lease and Joint Use
Agreement with Broward County and authorize the appropriate City Officials to execute such
documents to construct a 300 foot public safety radio tower and ground facilities in the City
Hall Property at an annual rent of $10 for an initial term of ten (10) years with four (4)
automatic ten (10) year extensions.
SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby
repealed to the extent of such conflict.
SECTION 4: 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 application,
it shall not affect the validity of the remaining portions or applications of this Resolution.
I- J
Temp. Reso # 13161
August 3, 2018
Page 3
SECTION 5: This Resolution shall become effective immediately upon its passage
and adoption.
PASSED, ADOPTED AND APPROVED this 2o-day of , 2018.
ATTEST:
r'
PATRICIA TEUFE CMC
CITY CLERK
I HEREBY CERTIFY THAT I HAVE
APPROVED THIS RESOLUTION
AS TO FORM
A UEL S. GOREN
CITY ATTORNEY
A RY 6RESSLER
MAYOR
RECORD OF COMMISSION VOTE:
MAYOR DRESSLER Y�1
DIST 1: COMM. BOLTON
DIST 2: V/M GOMEZ
DIST 3: COMM. FISHMAN YLe
DIST 4: COMM. PLACKO
zi
GROUND LEASE
AND
JOINT USE AGREEMENT
BETWEEN
CITY OF TAMARAC
AND
BROWARD COUNTY
This GROUND LEASE AND JOINT USE AGREEMENT ("Agreement") between
the City of Tamarac, a municipal corporation of the Statof Florida, whose address is
7525 NW 88 Avenue, Tamarac, Florida 33321 ("City" ' Broward County, a political
subdivision of the State of Florida, whose address.' ` South Andrews Avenue, Fort
Lauderdale, Florida 33301 ("County")"' is entere�TJj e effective as of the date this
'ham
Agreement is executed by County ("Effective County are hereinafter
referred to collectively as the "Parties," and ually refer R:.. to as a "Party."
A. City is the owner of e Property, below in Seen 2.1, located
at 7525 NW 88 Avenue, Tamara" ida 33321. y
B. City and County ent lease ' ement on March 26, 1997,
whereby City agreed to Lease tc Co an ty ag to lease from City, a radio
tower and equipme on a ion ropei`�rm ("Existing Monopole") to
house telecom tionsing -quipm ess for County's emergency
.k� ,ti
communications n k ("Exi*Lease F.
Comm
C. Existi ` " ` no er sufficient for Count 's emergency
rk.
The Pa '' esi terminate the Existing Lease, and replace the
Existing opole wit ne , dio tower to improve public safety radio
�A .
communica for City an'ounty -b`
E. City es to se to County a portion of the Property in exchange for
County to remove x;_ Monopole, and to develop, construct, and operate the
Tower, as specifically' ' in Section 6.1 below, in accordance with the terms of this
Agreement.
AGREEMENT
NOW, THEREFORE, in consideration of the mutual terms, conditions, and
promises hereinafter set forth, and other good and valuable consideration, the receipt
and sufficiency of which are hereby acknowledged, the Parties hereby agree as follows:
1. Recitals. The recitals set forth above are true, accurate, and fully
1
incorporated by reference herein.
2. Premises.
2.1 City is the owner of that certain real property, as more particularly
described in Exhibit A, attached hereto and made a part hereof
("Property").
2.2 City hereby leases to County, and County hereby leases from City,
a portion of the Property, together wi,,x ,,anon -exclusive easements on
property adjacent thereto and i ements thereon, as more
particularly described in Exhi . attached hereto and made a
part hereof ("Premises").
3. Termination of Existing Lea..,
zR
3.1 The Parties agree t e Existing Lease terminate on the
Effective Date of this A .z ent a.;tia
� �{
3.2 City hereby County ? ove, at County's sole cost and
expense, the �MonopV more particularly described in
Exhibit C, whic�:jk d herein
3.3 a remo Hof th M pole, City shall relocate
Is ' �.ng pu %c ications system from the
fisting pole s Existin System") to the Premises in
a Banc ith the Equipment Plans (as defined in Section
7 3) � rei se City for the reasonable costs and
M + en 3 r suc hat ' no later than thirty (30) calendar days
rec a certi r voice from City.
4. Term. The` of I � greement shall be effective for fifty (50) years
commencin" the Effe . .e Da "' ("Initial Term"). Thereafter, the term shall
automatically w every : (10) years upon the same terms and conditions
("Extended Term efore a Extended Term commences, either Party may deliver
written notice to th a electing to end the term of the Agreement upon the
expiration of the then" term ("Notice of Expiration"). The Notice of Expiration
shall be delivered at lea 'ninety (90) calendar days before the expiration of the then -
current Term. The Initial Term, and any Extended Term, are collectively referred to
herein as the "Term."
5. Rent. County shall pay the total rent of Ten Dollars ($10.00) per year for
this Agreement ("Rent"). The first payment of Rent shall be due within thirty (30)
calendar days after the Effective Date. Rent for the subsequent years during the Term
shall be due on each yearly anniversary of the Effective Date.
6. County's Use of Premises.
6.1 County and its employees, agents, and contractors ("County
Representative(s)") shall use, access, and occupy the Premises for
the purposes of constructing, maintaining, inspecting, repairing,
removing, and operating a three -hundred (300) foot
telecommunications tower, including antennas, radio equipment, an
equipment building, a free-standing generator, a fuel tank, and
other facilities necessary or useful to improve public safety radio
communication services in the areas serviced by County ("Tower").
County's use of the Premises sh`'strictly limited to house the
proposed County public s communications equipment,
including the Tower ("Couna ent"), as described in the
5;
County Equipment Plans (ems mined Wtection 6.2).
6.2 The County Equipm `-Fall be construe at County's sole cost
and expense, and ire cordance with the plan depicted in
Exhibit D, attached ho andaade a p �� hereof ("County
Equipment fans"). I� "equipment Iled on the
Premises s' ,# consiste the City's Code{ of Ordinances
and Land De _ t Regula Any alterations or additions to
the County Elans s require City's prior written
approval, whichall r� (i) u14"sonably withheld, or (ii)
r more (10 s dam"after City receives notice
to ' proprati501 r additions. When such
rations additior�I approve'i`by City, they shall become a
w
p2� f theunty Equi nt Plans.
untji�11 con the �wer in such a manner so as to permit
nsta n of the 's Existing System, as depicted in City
Eq ent s (as defined in Section 7.3). County agrees to
witFY y to provide certain conditions, as specified in the
City Eq `' ent 06hs, for the City's Existing System.
6 4 K�-ounty " II be responsible for obtaining all necessary approvals,
K� i d licenses required by any governmental authority for
the Val of the Existing Monopole, construction and operation of
thesunty Equipment, and related activities on the Premises. City
agrees to cooperate with County's efforts to obtain such approvals,
permits and licenses. City agrees to execute, within seven (7)
calendar days of County's request, any consents required by any
governmental authority as part of County's application for such
approvals, permits, and licenses. As part of the approval process
for the site plan and installation of the Tower, County agrees to
assist City with outreach to community organizations, homeowner
associations, and individuals to provide information and data
3
7
related to the proposed Tower.
6.5 County shall not use or occupy the Premises in violation of any law,
ordinance, order, rule, regulation, or other governmental
requirement, during the Term of this Agreement.
City's Use of Premises.
7.1 City and its employees, agents, and contractors ("City
Representative(s)") shall have use access of the Premises, as
described in Section 9.3, to insta ntain, inspect, remove, and
operate, at City's expense, a �'ent necessary for the City's
Public Safety Network / Co 4 ons Systems, including the
City's Existing System is ated to the Premises in
accordance with Sectio "City Equi` t").
7.2 City Equipment sh plong to City an all be installed,
maintained, and opera n the mises of 's sole risk and
obligation. ounty shal le for any age to City
Equipment,''? theft, mis, riation, or loss th 'reof, except in
the event of Y egligeni willful misconduct of County or
County Repres" atian4 ,
7.3 reby ap vest" "ngs; ns, and/or specifications
chef eto as ; w tails the location and size of
Equip�'�.>< t („City` ment Pla s").
Cit)r* 1 ` cos , expense, make necessary alterations
ad to th` q` ment Plans with County's prior written
val; Bch sha R t be (i) unreasonably withheld, or (ii)
de for a than "(10) business days after County receives
notic Cit roposed alterations or additions. When such
alterati" ;h" or ad ns are approved by County, they shall become
a part of': City Equipment Plans.
City shall insure that any alterations or additions do
n re with County's communication equipment. County may
requites City to submit any documentation necessary for County to
determine if its approval of the requested alterations or additions
will interfere with County Equipment.
7.4.1 If the alterations or additions require more space than
that designated in Exhibit E, City shall, at its sole cost and
expense, (i) conduct a structural loading analysis and
intermodulation study of the Tower with the altered or additional
equipment; (ii) build necessary reinforcements for the altered or
4
additional load; and (iii) expand the structure that houses the City
Equipment.
7.5 City and City Representatives shall only access the area on the
Premises as specified in Exhibit E.
7.6 City shall comply with County's Change Management Request
process, as set forth in Exhibit F, for any work, repair, installation
or maintenance performed by City on the Tower.
7.7 City shall not use or access the ?"ses in violation of any law,
ordinance, order, rule, re n, or other governmental
requirement, during the Termed, ement.
8. Utilities. Each Party shall bedl,. tensible forftng its own share of the
electricity cost for its equipment on the Pr s. The utilities a County Equipment
and the City Equipment will be metered s' tely. �a-
9.1 Upon comple structiolWAhe Tower, County shall place a
fence around es an I be solely responsible for
x:-
sec itv on the ises
9.2 my install "sys t its own cost and expense,
k" onitor Tower'' g and wif' a responsible for notifying all
t �` oper encies (i ACC and the FAA) on any failure of the
w obs
p.
9.3 Ac
�f
1 .and City Representatives shall have access to
City E ment mated on the Premises, excluding the Tower,
TWo , twenty f {' (24) hours per day, seven (7) days per week, through
ccess (s) controlled by County.
xv, .2 City and City Representatives shall have supervised
acce f m to the Tower during working hours (Monday to Friday
8:30am to 4:OOpm) by providing written notice to County at least
forty-eight (48) hours before such access. Notwithstanding the
foregoing, in the event of an Emergency, County shall provide
supervised access to the Tower no later than two (2) hours after
City submits the request for access; provided, however, that City
and the City Representatives shall have immediate access to the
Tower. The term "Emergency" shall mean any situation in which
(a) there is a disruption or outage in the City Equipment on the
5
10
Tower; or (b) the City Equipment on the Tower poses an immediate
threat to the Premises, or to the health and safety of any person.
9.3.3 County shall provide, at its sole cost and expense, all
necessary personnel to provide the supervision associated with
City's access to the Tower.
9.4 The Parties shall only allow access to the Tower by County
Representatives and City Representatives that have (i) successfully
passed a "Level 2" FDLE backgro check, and (ii) obtained all
certifications and licenses requir appropriate governmental
authorities in the applicable are
9.5 Subject to City's prior 4 n a al, which shall not be
unreasonably withheldk delayed, compliance with all
applicable laws, Co ' ay place, erktgdisplay, maintain, and
operate any interior `01 erior signs at the ises in connection
with the operation of they , er.A&
Alterations. Im
10.1 County may ke'
Premises with ty's
bly it ' d or
my structil
cribedxhibit
t Cou Equipm
pro sp
a.... re
Baskoun �aues ���'-ke
0.2
;tural 61Wtions or additions to the
p co t, which shall not be
exert that City preapproves
al f the County Equipment as
d subse4dbnt reconstruction of or repair
n accordance with Exhibit D. City shall
within ten (10) business days of
uctural alterations or additions to the
10. Except for City Equipment, all structural alterations
d ad ns to the Premises during the Term, including the
nt� uipment and all other structures, facilities, fixtures,
p ts, and other improvements ("Improvements"), shall
immediately, upon being added to or incorporated in the Premises,
remain the exclusive property of County.
10.2.2 The Improvements shall be installed, maintained, and
operated on the Premises at County's sole risk and obligation. City
shall not be liable for any damage to the Improvements, or any
theft, misappropriation, or loss thereof, except in the event of any
damage, theft, misappropriation or loss caused by City or City
Representatives.
1.1
10.3 Personalty.
10.3.1 County may make nonstructural alterations or
additions to the Premises without seeking consent from City.
10.3.2 Except for City Equipment, all nonstructural
alterations or additions to the Premises during the Term
("Personalty"), shall be and remain the exclusive property of
County.y;
10.3.3 Personalty shall
on the Premises at County's
be liable for any dame
misappropriation, or Imo'}>
damage, theft, mis ... ` ria,
Representatives.
R gibed, maintained, and operated
nd obligation. City shall not
o the Versonalty, or any theft,
reof, a in the event of any
)n or loss` sed by City or City
10.4 No later than four (4) years r zpiration or r termination
of this Agre`"Removaf' d"), County shall, at its sole cost
r
and expense, its Impr►ents and Personalty from the
Premises, and airy°image cbopd by such removal.
11. Repaira4> tl i W D IaceMOO
Tj*40put the Term of this Agreement,
County, at its sole Wand nse, shhe" vements, Personalty, and the
Premises in good rand edition, Make all necessary repairs thereto. The
term "repairs" shall de a replace renewals, alterations, additions, and
betterments ed n 1junty, d shall include capital expenses. All
repairs �# J' ty sFr t e at to"' bs ially similar in quality and class to the
orig mrk, ordin "" <, ar tear ex City shall be responsible for the costs
and ex " es associaf ith tair and replacement of the City Equipment.
t�
12 urance. p'
:a
12 P3���Uo the nt permitted by law, and without either Party waiving its
,
immunity or waiving any limits established by Section
7lorida Statutes, each Party is responsible for all personal
injury°and property damage caused, either by commission or
omission, by that Party or the officers, employees, or agents
thereof.
12.2 Each Party acknowledges without waiving its right of sovereign
immunity as provided by Section 768.28, Florida Statutes that each
Party is self -insured for general liability under state law with
coverage limits of $200,000 per person and $300,000 per
occurrence, or such monetary waiver limits that may change and be
7
12.3
set forth by the Florida Legislature. Self-insurance and/or
insurance requirements shall not relieve or limit the liability of either
Party, except to the extent provided by Section 768.28, Florida
Statutes. Both Parties reserve the right to require other insurance
coverage that both Parties deem mutually necessary depending
upon the risk of loss and exposure to liability.
County and City shall require their contractors, while performing
services on the Premises, to maintain commercial general liability
insurance, automobile liability insurance, and workers'
compensation insurance as req x Mt £ `and approved by County's
Risk Department. All contract`all name City and County as
additional insureds on th `Oh rcial general liability and
automobile liability policies f
The following shall co
r and the
Ily b es any of the other
M.
corions that this Agreement
,.-
inc fareach continues for a period
y recedes written notice from City, or
be reasonably required if the cure
in thirty (30) days but is timely
)rosecuted.
irrhall constitute a "City Default": City breaches any
mars ;a r condition that this Agreement requires City to
nd thW, reach continues for a period of thirty (30) days
ceives written notice from County, or such additional
day be reasonably required if the cure cannot be
within thirty (30) days but is timely commenced and is
rosecuted.
14. Remedies.
14.1 If a County Default occurs, as set forth in Section 13.1, then City
may elect one of the following remedies:
14.1.1 Termination of this Agreement and County's right to
possession of the Premises by giving written notice thereof, which
termination will be effective upon the date specified in such notice;
I
or
14.1.2 Re-enter and take possession of the Premises, or any
part of the Premises; expel County and those claiming a right to
possession of the Premises through or under County from the
Premises; and remove the Personalty on the Premises; or
14.1.3 Pay the amount or perform the obligation, which
County has failed to do, without waiving any of its rights under this
Agreement.
14.2 If a City Default occurs, as
may immediately terminate
thereof, which terminationj,
in such notice.'
15. Liens. The Parties or their
no power or authority to place any liens or
upon the right, title, or interest,of City
responsible for the satisfaction ym
claiming by, through, or under e
own actions, and shall be respone
expenses, except as provided for in sPC
enforce any provisi T Agreer��n
Premises, which i subt f this A
Party within ten (�`� usinessfys afte
thereof, by bonding, p ent, atherwis
tie�er ct to
agre t it will ab1i�g frender
expiraf f this Agree " t
17 anae in O °"""" rshi
in Section 14.2, then County
anent by giving written notice
ON
e upon the date specified
loyees, agents, or ractors shall have
o �encu � ances of find or character
in to Premises. ies shall be
17 f , City the Premises during the Term of this Agreement, it
I �ediately, together with the new owner(s), give County
w r "W6tice regarding to whom and where future Rent shall be
paid'"If either City or the new owner(s) fails to notify County,
County shall withhold payment of Rent until such notice is received
from both City and the new owner(s). The withholding of such Rent
shall not be construed as a default under the Agreement.
17.2 The new owner(s) shall not have the right to use or access the
Tower without County's prior written approval.
18. Environmental Contamination.
E
18.1 City represents and warrants to County that as of the date of
execution of this Agreement, neither City, nor to the best of City's
knowledge, any third party, has used, produced, manufactured,
stored, disposed of, or discharged any hazardous wastes or toxic
substances in, under, or about the Premises during the time in
which City owned the Premises. City covenants that it will not use,
produce, manufacture, store, dispose of, or discharge any
hazardous wastes or toxic substances in, under, or about the
Premises (other than the normal and,", stomary petroleum products
used in the operation of motor v or the back-up generator)
during the Term of this Agre City shall be liable for any
contamination that it causes'... or that predates
the Effective Date of this Armor' ent.
18.2 County shall not pe a presence, h , ing, use, storage or
transportation of ha us or toxic mate in or about the
Premises, except in stri pliancy ith all la' dinances, rules,
::.
regulations, orders and g i all govern .al authorities
having juri and t plicable Board —of Insurance
Underwriters +fly the Waste Regulations"). In no
y a`^tiX
event shall ha o xic ma s be disposed of in or about
the Premises b� hall �e di s d of by means of a duly
�zardou"waste{� se : County shall obtain and
intairf'ughout u, ses and permits required in
. nection Stith Coun ` ctivities vlfich may involve hazardous or
t mated*. Coun;` .hall comply with all requirements of the
Tox tions . luding, without limitation, the applicable
„ quir s of 4 Florida Statutes, and any other federal,
or ` statute, rdinance, code, rule, regulation, order, or
de reg ' g, relating to, or imposing liability or standards of
cond' ;once hazardous materials, waste, or substances now
or at a e he " er in effect.
19. For "a'eur a fire, casualty, or other causes beyond the reasonable
control of the Parti``' all or part of the Tower, Improvements, or Premises,
then County shall re b fr .:>� damaged property. If County must rebuild the damaged
property in accordance ' this Section, County shall not be responsible for repairing,
replacing, or rebuilding any City Equipment.
20. Radon Gas. Radon is a naturally occurring radioactive gas that, when it
has accumulated in a building in sufficient quantities, may present health risk to persons
who are exposed to it over time. Levels of radon that exceed Federal and State
Guidelines have been found in buildings in Florida. Additional information regarding
radon and radon testing may be obtained from the County Public Health Unit.
IM
21. Severability. In the event any part of this Agreement is found to be
unenforceable by any court of competent jurisdiction, that part shall be deemed severed
from this Agreement and the balance of this Agreement shall remain in full force and
effect.
22. Law, Jurisdiction, Venue, Waiver of Jury Trial. This Agreement shall
be interpreted and construed in accordance with and governed by the laws of the State
of Florida. The Parties agree and accept that jurisdiction of any controversies or legal
problems arising out of this Agreement, and any action involving the enforcement or
interpretation of any rights hereunder, shall be exclusively in the state courts of the
Seventeenth Judicial Circuit in Broward County, Floritid venue for litigation arising
out of this Agreement shall be exclusively in suc = e courts, forsaking any other
jurisdiction which either Party may claim by virtum`rc' y idency or other jurisdictional
device. BY ENTERING INTO THIS AGRE -,,AND COUNTY HEREBY
EXPRESSLY WAIVE ANY RIGHTS EITH < u ARTY M AVE TO A TRIAL BY
JURY OF ANY CIVIL LITIGATION RE L '-TO THIS AG'h ENT. IF A PARTY
FAILS TO WITHDRAW A REQUEST F JURY TRIAL IN ' 't . WSUIT ARISING
OUT OF THIS AGREEMENT AFTER WRI NOT z tBY THE' ER PARTY OF
VIOLATION OF THIS SECTIO . THE PAR THE REQ FOR JURY
TRIAL SHALL BE LIABLE F E REAS LE ATTORNEY FEES AND
COSTS OF THE OTHER PAR ONTES THE REQUEST FOR JURY
TRIAL, AND SUCH AMOUNTS �H ,., ` E AVi ,' ED BY THE COURT IN
ADJUDICATING THE MOTION.
23. Noti For tice to e ctive under this Agreement,
notice must be se _ U.S ti `plass m .h a conte poraneous copy via e-mail to
the addresses listed r w ashall be ,ctive upon mailing. The addresses for
notice sha as s" nles d until changed by providing notice of
such c anc the ns' this Section.
COUNTY-
l3rdiko County A istra
Gov9 ntal Cente `
w
115 So
ndrews A . ue
Fort Laud6' e, Flori 3301
Email Addresh n.broward.org
With a copy to:
Office of Regional Communications and Technology
Broward County Director
115 S. Andrews Avenue, Room 325
Fort Lauderdale, FL 33301
Email Address: bbayag@broward.org
e
11
Real Property Director
Broward County
115 S. Andrews Avenue, Room 501
Fort Lauderdale, FL 33301
Email Address: pbhogaita@broward.org
FnR C:ITY-
Director of IT
City of Tamarac
7525 N.W. 88th Avenue
Tamarac, FL 33321-2401
,AX",
Email Address: levent.sucuoglu@Tmarac
City Manager
City of Tamarac
7525 N.W. 88th Avenue
Tamarac, FL 33321-240
Email Address: michael.
With a copy to:
City Attorne
Goren, Che
3099 E. Com
Fort Lauderd;
the public ' c
Date. Upon"
notice of termini
deemed conclus
force or effect.
it ;1 County's sole cost, shall record this Agreement in
te..r
;ou lorida within seven (7) days after the Effective
this Agreement, City is hereby authorized to record a
c records of Broward County, Florida, and such shall be
at the Agreement has been terminated and no longer in
25. Binding Effect. This Agreement shall be binding upon and inure to the
benefit of the Parties hereto and their respective heirs, executors, administrators,
successors and assigns.
26. Incorporation by Reference. Attached Exhibits A, B, C, D, E, and F are
incorporated into and made a part of this Agreement.
27. Representation of Authority. Each individual executing this Agreement
on behalf of a Party hereto hereby represents and warrants that he or she is, on the
12
date he or she signs this Agreement, duly authorized by all necessary and appropriate
action to execute this Agreement on behalf of such Party and does so with full legal
authority.
28. Counterparts. This Agreement may be executed in counterparts. Each
executed counterpart will constitute an original document, and all of them, together, will
constitute one and the same agreement. It shall not be necessary for every Party to
sign each counterpart but only that each Party shall sign at least one such counterpart.
[SIGNATURES AND EXHIBITS
13
IN WITNESS WHEREOF, the Parties have made and executed this Agreement
on the respective dates under each signature: BROWARD COUNTY through its
BOARD OF COUNTY COMMISSIONERS, signing by and through its Mayor or Vice -
Mayor authorized to execute same by Board action on the day of
, 20 , and CITY OF TAMARAC, signing by and through its City
Manager, duly authorized to execute same by City Commission action on the day
of 20
ATTEST:
Broward County Administrator, as
ex officio Clerk of the Broward County
Board of County Commissioners
Insurance requirements approved by
Broward County Risk ent
Division:
In
Name:
Title:
MI 1 NTY
BROWARD
, UNTY, by and
;I
through rd of County
Commis " ers
as ftiftrm by
rowar ry Angpey
v n Ater, Suite 423
1 th
� 6 .F�: +5 ai
Andre Avenue
Fo uderdale, Florida 33301
Tel ne: (954) 357-7600
ec.;s'.# r: (954) 357-7641
By:
Irma Qureshi
Assistant County Attorney
By:
(Date)
Annika E. Ashton (Date)
Senior Assistant County Attorney
14
GROUND LEASE AND JOINT USE AGREEMENT BETWEEN BROWARD COUNTY
AND THE CITY OF TAMARAC.
CITY
ATTEST: CITY OF TAMARAC, by and through its City
Manager
CITY CLERK
(CITY SEAL) day `' 20
BY CERTIFY tW, I have approved this
ent as to form �
15