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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 TR12604 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 TR 12604 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. TR 12604 January 13, 2015 Page 4 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 41 ►. I r Of V 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 ) I T r 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 T r I L f 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: (00029621.5 2704-9499174 1 t � t� e r` APPROVED AS TO LEGAL FORM: Office of the City Attorney (00029621.5 2704-94991741 I r � r G 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 i 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 )