HomeMy WebLinkAboutCity of Tamarac Resolution R-2015-010TR 12604
January 13, 2015
Page 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. 2015/0
-
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA; AUTHORIZING THE CITY
TO ENTER INTO A SUBLEASE AGREEMENT OF
APPROXIMATELY 1.03 ACRES OF REAL PROPERTY
LOCATED AT 4890 NW 50TH STREET, TAMARAC,
FLORIDA WITH MAINLANDS FIVE, INC., FOR A
MONTHLY COST OF TWO THOUSAND DOLLARS
($2000.00) WITH A PROVISION FOR TERMINATION
UPON THIRTY (30) DAY WRITTEN NOTICE BY EITHER
PARTY; PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, Tamarac Fire Rescue provides fire rescue services and emergency
medical transport to the residents of the City; and
WHEREAS, the City desires to maintain timely emergency response to calls for
assistance; and
WHEREAS, the current Fire Station 78 located at 4801 West Commercial
Boulevard constructed in 1978 no longer meets the needs of the community and
emergency response
personnel
since response
deployment
from the
existing station is
very difficult due to egress into
traffic stacking
on West Commercial
Boulevard to the
entrance of the Florida Turnpike; and
WHEREAS, the demolition of the current station and construction of a new
station that will meet the needs of the community and emergency response personnel is
included in the Asset Management Program of the FY2015 Budget which is scheduled
to begin demolition and construction within the next few months; and
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January 13, 2015
Page 2
WHEREAS, during construction of the new fire station, a temporary location that
will facilitate a timely response to emergency calls is required without interruption of
service delivery; and
WHEREAS, the city staff was assembled to plan for the Fire Station 78
demolition and new construction including the evaluation and determination of a site for
a temporary fire station; and
WHEREAS, staff identified and evaluated nine (9) temporary site locations using
criteria which included response and deployment accessibility, regular exiting and
entrance feasibility, available infrastructure, security, ability to have a temporary
modular fire station on site and parking for twelve (12) staff vehicles during daily shift
changes; and
WHEREAS, staff identified an approximately 1.03 acre portion of the Mainlands 5
Clubhouse site located at 4890 NW 50t" Street as the most advantageous site that met
the selection criteria established by the City; and
WHEREAS, staff successfully delivered a Conceptual Site Plan and negotiated a
sublease agreement with the Mainlands 5 HOA Board of Directors; and
WHEREAS, staff negotiated monthly rent of two thousand dollars ($2,000.00) per
month for the sublease of the approximately 1.03 acres of real property; and
WHEREAS, the terms of the sublease also call for the existing parking lot to be
repaved, the installation of a concrete sidewalk from the parking lot to the temporary
facility, a six foot black chain link fence, and extension of utilities to the site of the
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January 13, 2015
Page 3
temporary facility; and
WHEREAS, the above subleasehold improvements will remain in place following
the termination of the sublease agreement; and
WHEREAS, the sublease agreement has a provision for termination upon a thirty
(30) day written notice by either party; and
WHEREAS, available funds exist in the Fire Rescue Fund for said purpose; and
WHEREAS, it is the recommendation of the Fire Chief and the Director of
Financial Services that the sublease of the property be approved and executed with
Mainlands Five, Inc. ; and
WHEREAS, the City Commission of the
City
of Tamarac,
Florida deems it to be
in the best interest of the City of Tamarac
to
approve and
execute a Sublease
Agreement for approximately
1.03 acres of
property
described
in Exhibit A of the
attached Sublease Agreement
with Mainlands
Five, Inc.
(attached
hereto as Exhibit 111 ")
for a sublease rent cost of two thousand dollars ($2,000.00) per month with a provision
for termination upon a thirty (30) day written notice by either party.
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE
CITY OF TAMARAC, FLORIDA:
SECTION 1: 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 hereby specifically incorporated within this Resolution.
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January 13, 2015
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SECTION 2: The Sublease Agreement for approximately 1.03 acres of property
described in Exhibit A of the attached Sublease Agreement with Mainlands Five, Inc. for
a sublease rent cost of two thousand dollars ($2,000.00) per month with a provision for
termination upon a thirty (30) day written notice by either party is approved.
SECTION 3: The appropriate City Officials are hereby authorized to execute the
Sublease Agreement between the City of Tamarac and Mainlands Five, Inc. (attached
hereto as Exhibit "1").
SECTION 4: That all Resolutions or parts of Resolutions in conflict herewith are
hereby repealed to the extent of such conflict.
SECTION 5: 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.
SECTION 6: This Resolution shall become effective
passage and adoption.
immediately upon its
PASSED, ADOPTED AND APPROVED this
ATTEST:
PATRICIA A. TEUFEL
CITY CLERK
I HEREBY CERTIFY that
I have approved this
RESOLUTION as to form.
SAMUEL S. GOREN
CITY ATTORNEY
HARRY
MAYOR
day o
ml:
SLER
TR12604
January 13, 2015
Page 5
2015.
RECORD OF COMMISSION VOTE:
MAYOR DRESSLER: &Y-�
DIST 1: V/M. BUSHNELL to-v
DIST 2: COMM GOMEZ At -.-a
DIST 3: V/M. GLASSER iv-1
DIST 4: COMM. PLACKO 4
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THIS SUBLEASE (this
2015, by and between CITY
MAINLANDS FIVE, INC., a
"Landlord").
SUBLEASE AGREEMENT
"Sublease") is entered into this qe
A►y of ,
OF TAMRAC, FLORIDA (hereinaft "Tenant and
Florida not -for -profit corporation (hereinafter referred to as
WITNESSETH:
WHEREAS, the Tenant seeks to locate a temporary fire station on certain real property
owned by the Landlord, as more particularly described in Exhibit "A", attached hereto and
incorporated herein (the "Property"), subject to the terms and conditions set forth herein.
NOW, THEREFORE, in consideration of the mutual benefits accruing to the respective
parties under the provisions of this Sublease Agreement, the parties hereby agree as follows:
1. Term of Sublease. The term of this Sublease (hereinafter referred to as the
"Sublease Term") shall commence on January 15, 2015 and shall end when terminated by either
party by providing thirty (30) days written notice to the other party.
2. Rent. Tenant shall pay Two Thousand and 00/100 Dollars ($2,000.00) in rent on
a monthly basis to Landlord at the following address: 4890 NW 50th St, Tamarac, FL 33319.
Payment shall be delivered to Landlord at the address indicated no later than the 10"' day of each
month during the Sublease Term.
3. Quiet Eniovment. Landlord expressly acknowledges and agrees that Tenant
shall be undisturbed in its possession of the Property during the Sublease Term.
4. Utilities/Maintenance/Refuse/Use/Improvements. During the Sublease Term,
Tenant shall pay the costs of any electricity, water, sewer, refuse collection, general maintenance
and janitorial services. Tenant may make certain improvements on the property, subject to the
prior written approval of the Landlord. Tenant shall return the property to its original condition
upon expiration of this Agreement, except for those certain leasehold improvements identified in
Exhibit "B," which is attached hereto and incorporated herein by reference, which will remain
on site following termination of this Sublease,.
5. Use. Tenant agrees that it shall use the Property for purposes of operating a fire
station for the City of Tamarac, as well as any other activities or events reasonably related
thereto. A description of the proposed uses and improvements to the Property are attached
hereto as Exhibit "B", and incorporated herein by reference. Tenant shall not create or suffer,
and shall promptly discharge and satisfy, any lien, encumbrance or charge on the Property.
Landlord will not be liable for any labor, services, or materials furnished or to be furnished to
Tenant, and that no mechanic's or other lien for any such labor, services, or materials shall attach
to or materials shall attach to or effect the Landlord's interest in and to the Property.
6. Insurance. Tenant shall maintain a liability policy for personal injury and
property damage, and maintain worker's compensation insurance pursuant to statutory
(00029621.5 2704-9499174 )
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requirements for Sublease Term. A certificate of insurance relating to said policy shall be
presented by Tenant to Landlord at the time of execution of this Agreement.
7. Indemnification. To the extent permitted by law, and subject to the limitations
contained in Section 768.28, Florida Statutes, Tenant agrees to hold Landlord harmless from and
against any and all claims, suits, demands, damages, losses, costs and expenses, including
reasonable attorney's fees and paralegal expenses at both the trial and appellate levels, arising
directly or indirectly from Tenant's, its agents, employees, guests, and invitees, use and
occupancy of the Property, including specifically any personal injury which may result to any
person whomsoever on or about the Property during the Sublease Term except to the extent that
same shall be due to Landlord's negligence or breach of this Agreement. This indemnification
shall exclude any site or property conditions that existed prior to the date of this Sublease, as
well as any site or property conditions that were not caused by the Tenant, its representatives,
and employees.
The Landlord agrees to indemnify, defend, and hold the Tenant harmless from any claims, suits,
demands, damages, losses, costs, and expenses including reasonable attorney's fees, and
paralegal expenses at both the trial and appellate levels, arising out of that particular Lease
recorded in Official Record Book 3809, Page 534, of the Public Records of Broward County,
Florida, as it relates to the Landlord's authority to enter into this Sublease.
8. Breach/Opportunity to Cure. In the event of a breach of any term, covenant, or
condition of this Agreement by Tenant, Landlord shall provide written notice to Tenant, in the
manner set forth herein, describing the alleged breach with reasonable particularity. Upon
receipt of such notification from Landlord, Tenant shall have a period of fifteen (15) days from
its receipt of such notification in which to cure same. In the event Tenant is unable to cure the
alleged breach within said time frame, Landlord shall grant to Tenant an additional period of
time, not to exceed thirty (30) days, in which to cure the default.
9. Assignment. This Sublease Agreement may not be assigned by either party.
10. Notices. All notices shall be by certified mail, return receipt requested, to the
following persons at the following addresses:
If to Tenant: City of Tamarac
7525 NW 88h Avenue
Tamarac, FL 33321
Attu: City Manager
With a copy to: Goren, Cherof, Doody & Ezrol, P.A.
3099 East Commercial Blvd., Suite 200
Ft. Lauderdale, FL 33308
Attn: Samuel S. Goren, Esq.
If to Landlord: Michael Taylor, President
Mainlands Fibre. Inc.
4890 NW 50"' Street
Tamarac, Florida 33319
(00052597.1 2704-9499174 1
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11. Non -disturbance. During the Sublease Term, Tenant's right of possession shall
not be disturbed or impaired.
12. Suns. Tenant may display signs on the Property as it may desire provided said
signs do not violate any law, regulation or ordinance.
13. Governing Law. The parties hereto expressly agree that this Agreement shall be
construed in accordance with the laws of the State of Florida. Venue for any dispute arising out
of this Agreement shall be in Broward County.
14. Attorney's Fees. In the event of any litigation arising out of any of the terms or
provisions of this Agreement, the prevailing party shall be entitled to recover all costs and
expenses incurred, including reasonable attorney's fees at all trial and appellate levels.
15. Section Headings. The several section headings of this Agreement are inserted
for convenience only and shall be ignored in interpreting the provisions of this Agreement.
16. SeverabilitY. Should any court of competent jurisdiction deem any provision or
clause of this Agreement to be illegal, invalid, or unconscionable and unenforceable, such
provision or clause shall be fully severable from this Agreement and, in its place, there shall be
added to this Agreement a similar provision as near in intent as possible but which is not illegal
or unconscionable, and this Agreement shall be construed and interpreted as if such illegal,
invalid, or unconscionable and unenforceable provision or clause had never comprised a part of
this Agreement.
17. Multiple Counterparts. This Agreement may be executed in multiple
counterparts, each of which shall constitute collectively one Agreement.
18. Entire Agreement/Modification. This Agreement constitutes the entire
Agreement between the parties and supersedes all prior agreements, addendums, amendments, or
understandings which existed between the parties. Unless otherwise stated in this Agreement,
this Agreement may be modified only by writing which is signed by both of the parties.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the
date and year first above written.
CITY OF TAMARAC, FLORIDA
MAINLANDS FIVE, INC.
eBy
ATTEST:
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APPROVED AS TO LEGAL FORM:
Office of the City Attorney
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EXHIBIT "A"
Description of Property
A PORTION OF PARCEL "R", THE MAINLANDS OF TAMARAC LAKES SECTION 5-A,
ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 67, PG. 49 OF
THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID PARCEL "R"; THENCE SOUTH
38' 33' 14" EAST, A DISTANCE OF 87.63 FEET TO THE POINT OF CURVATURE OF A
CIRCULAR CURVE TO THE LEFT; THENCE SOUTHEASTERLY ALONG SAID
CIRCULAR CURVE HAVING A RADIUS OF 527.08 FEET, A CENTRAL ANGLE OF
08' 18' 00" AND AN ARC LENGTH OF 76.3 5 FEET TO A POINT OF REVERSE
CURVATURE OF A CIRCULAR CURVE TO THE RIGHT; THENCE SOUTHERLY
ALONG THE ARC OF SAID CIRCULAR CURVE HAVING A RADIUS OF 25.00 FEET, A
CENTRAL ANGLE OF 86' 21' 56" AND AN ARC LENGTH OF 37.68 FEET; THENCE
SOUTH 39' 30'42" WEST, A DISTANCE OF 198.21 FEET TO A POINT ON THE ARC OF A
CIRCULAR CURVE TO THE LEFT, AND FROM SAID POINT A RADIAL LINE BEARS
SOUTH 38'28'39" WEST, THE LAST FOUR (4) CALLS BEING ALONG THE NORTH AND
EAST LINE OF THE AFORESAID PARCEL "R"; THENCE NORTHWESTERLY ALONG
THE ARC OF SAID CIRCULAR CURVE HAVING A RADIUS OF 500.00 FEET, A
CENTRAL ANGLE OF 16' 43' 11" AND AN ARC LENGTH OF 145.91 FEET; THENCE
SOUTH 89'29'25" WEST, A DISTANCE OF 45.45 FEET TO A POINT ON THE WEST LINE
OF SAID PARCEL "R"; THENCE NORTH 3 8 ' 17' 3 0" EAST ALONG SAID WEST LINE, A
DISTANCE OF 304.64 FEET TO THE POINT OF BEGINNING.
SAID LANDS SITUATE LYING AND BEING IN THE CITY OF TAMARAC, BROWARD
COUNTY, FLORIDA, CONTAINING 445,952 SQUARE FEET (1.03 ACRES) MORE OR
LESS.
{ 00052597.1 2704-9499174 1
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EXHIBIT "B"
Description of Proposed Uses and Improvements
The use of the Property described in Exhibit "A" shall be for purposes of operating a fire station
for the City of Tamarac, as well as any other activities or events reasonably related thereto.
Improvements:
The City of Tamarac will cause to be made or will install the following improvements:
• Re -pavement of existing parking area included in the area under sub -lease
• Installation of a sidewalk from existing parking area to the area that will house a
temporary modular trailer.
• Installation of a six foot (6') black chain link fence.
• Extension of a water line for connection to the temporary modular trailer.
• Extension of a sewer line for connection to the temporary modular trailer.
• Extension of electric, cable, and telephone lines to the temporary modular trailer.
(00052597.12704-9499174 )