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HomeMy WebLinkAboutCity of Tamarac Resolution R-2004-168Temp. Reso. #10493 07/12/04 Page 1 Revision #1 -- July 6, 2004 Revision #2 — July 7, 2004 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R 2004-�g A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE A LEASE AGREEMENT FOR FIVE YEARS WITH THREE AUTOMATIC FIVE YEAR RENEWALS AT A MONTHLY RENT OF $150, WITH SPECTRUM PARK I, J.V., WHERE THE CITY'S 800 MEGAHERTZ RADIO ANTENNA AND RELATED EQUIPMENT IS LOCATED FOR THE PROVISION OF EFFICIENT TELECOMMUNICATIONS THROUGHOUT THE CITY; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY: AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City and Pan American Properties, Inc. entered into an agreement (attached hereto as Exhibit 1) on June 29, 1989 for the lease of a portion of the roof of the Spectrum I Office Building, located at 4901 NW 17t' Way, Fort Lauderdale, Broward County, Florida to be used for the installation of the City's 800 Megahertz radio antenna and related equipment; and WHEREAS, the lease agreement allowed for three five year extensions and the final extension expired on June 30, 2004; and WHEREAS, this antenna site is essential for the efficient radio communications on the east side of the City; and WHEREAS, a new lease agreement has been negotiated with the new property owner Spectrum Park I, J.V. represented by the new property manager Levy Realty Advisors, Inc.; and Temp. Reso. #10493 07/12/04 Page 2 Revision #1 — July 6, 2004 Revision #2 — July 7, 2004 WHEREAS, the new lease agreement (attached hereto as Exhibit 2) provides for a five year term, a 5% annual increase, and three additional automatic five year renewals at the discretion of the City; and WHEREAS, the Director of Information Technology recommends the approval of the lease; and WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in the best interest of citizens and residents of the City of Tamarac to authorize the appropriate City Officials to execute a five year lease agreement with three automatic five year renewals for the lease of space at the Spectrum Building I at a monthly rate of $150. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: The foregoing "WHEREAS" clause is hereby ratified and confirmed as being true and correct and is hereby made a specific part of this Resolution. SECTION 2: That appropriate City Officials are hereby authorized to execute a five year lease agreement with three automatic five year renewals for the lease of space at the Spectrum Building I, at a monthly rate of $150 (attached hereto as Exhibit 2). SECTION 3: All Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4: If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Resolution that can be given effect without the invalid provision or application, and to this Temp. Reso. #10493 07/12/04 Page 3 Revision #1 — July 6, 2004 Revision #2 — July 7, 2004 end the provisions of this Resolution are declared to be severable. SECTION 5: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED THIS 14"' day of July, 2004. C l- JOE SCHREIBER ' MAYOR ATTEST: �—�RECORD OF COMMISSION VOTE: MARION SWE SON, CMC MAYOR SCHREIBER CITY CLERK DIST 1: COMM. PORTNER DIST 2: COMM. FLANSBAUM-TALABISCO DIST 3: V/M SULTANOF DIST 4: COMM. ROBERTS I HEREBY CERTIFY that I have approved this RESOLUTION as to form. MITCHE�L S. KRAFT CITY ATTORNEY I 1 2 4I5 9 10 11 12 13 14 15 16 17. 18 1 2 4 21 22 33 34 35 a 7 Exhibit 1 Tt2104g3 ('I'1'Y OF 'CAD!A!(Af,', F'1,(r?rr r"", 14'FOL11'rlotl :',O. 1(-R9- A RF: ;OI.11-1,1()►J A111110V171tl(., TILE AI'IIHOIII? ATF: CITY (�rf rc rALl: T(1 F:!(F:('IrTr A LEASE A(-,RFFXFN11* i:rT!{ PAN Ar!ERICAN PPOPFRTIES, me., FOR TV -, r`Jr1,\:.!.,Trot, of A:J ANTFNINA AT TH'F: SF'F.CTRU�i :!1.'IL:)r':R, 4901 ►IOR'1'1:1•!I-:!;T 17 1{AY, FORT LAUDF.RDA.LF:. A,:r) AN [-'FFF.("I'rVF PATE fxF: 11' I.VI.- Py i'H! C.oIJ`JCII. OF ",'fi'; (', ^Y OF TAMJIRAC, F LOR I1)A SFCTIOI•r 1: ''.'hat the appropriate City officials ale hereby aut!-orized to execute a Lease Agreement with Pan American ?ror)erties, Inc., for the instal, lation of an artenna at the Spectrum Bui:,iing, 4901 Ncrt!:west I"I t:af, Fort Lauderd:.le, at a rust of ^60.00 per nont:, for City-wide Communications, a copy of c:a id lease acree:^c•rit ..r. i:1y attached hereto as "Fxhil,it 1% SFCTIOPI 7 That tl:e City Clerk is hereby aut?-orized and directee to record said lease agreement in t!;e p;:b:iz records Of Broc.•ard County, Florida. SECTION 3: This Resolution shall heo:c•:-c• effective upon adoption. I't'. PASSF:I), A►)OPTI•:I) AN11 APPROVF.U, this . -2' day of ,�lt •�t.__ 1oPq. ATTEST. CITY cr.!•:I;ft I 11F:RF:13Y ('I:P'I'IFY that r h.)vr• aphrovo�d 1 h to farm. it R 1 C!iART) D(7OF) ('r'1'Y "%'1'1'O1?NI•:Yl._ Nri` ,!: A�RAMOW I TZ , r'AYOP. RECORD OF COUNCIL VOTE MAYOR _ ABRAMOWITZ.��3L DISTRICT 1:_C/M P.OHR DISTRICT 2: C/N1 STELZER %L c.) of DISTRICT 3: C:M HOFFMAN DISTRICT 4; V/M BENDER 11 1 L X/// v/ / L 1.E: 4. AGNEE:MENT Exhibit 1 THIS LEASE; AGRE:E:MENT, made and entered into this Z� day of 1989, by and between the City of Tamarac, a Florida municipal corporation, hereinafter referred to as "CITY" and Pan American PrOpertien, Inc., hereinafter referred to as "OWNER". W I T ld E S S E T H: WHEREAS, the City Council of the City of Tamarac determines that it is in the public interest to lease space from OWNER to be used by the city'F Police Department for the installation of communication artennas, and equipment pertaining thereto, and WHEREAS, an 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 th s Lease Agreement as follows: 1. PROPERTY. OWNER. does hereby agree to lease to CITY a portion of the roof penthouse (hereinafter referred to as "premises") of the Spectrum Building located at 4901 N.W. 17th Way, Fort Lat.der- dale, Browa;l County,' Florida (hereinafter referred to as "property"). The legal description of said property is as follows: A portion of Tract. "C", Tract "D" Commerce Park according to the plat thereof recorded in Platbook 112, Page 18 of the Public Records of Prowi,rd County, Florida. Z. REJJI' The CITY agrer n to pny to OWNER Sixty (S60.00) Dollars Per antenn.+, per month, plus app, icat:ltr tax(,:: f any, a, total rent for the above described 1),r>l;erty, Rcr.r. shall be xhibit payable without notice offset or demand, in monthly Installments due on the lest day of each moll -Payments shall commence in �I1989 and continue until the expiration 0 or termination of this lease as elsewhere provided for herein. Notwithstanding the foregoing, CITY Shall pay any and all costs and expenses related to the installation, use, operation, maintenance, removal and/or demolition of CITY's antennas and equipment pertaining thereto except those maintenance costs of OWNER specified in Paragraph 9 herein. 3. NOTICE.. All rental payments and notices required to be paid by the CITY to OWNER and shall be mailed to 4901 N.W. 17th Way, Suite 1J1, Fort Lauderdale, Florida 33309. All notices required to be sent by OWNER to the CITY, shall be sent to, City Manager, City of Tamarac, 7525 N.W. 88th Avenue, , ® Tamarac, Florida 33321-2401. All notices shall 'be sent by certified mail, return receipt requested, to the addresses listed herei i. 4. ADDITIONAL ANTENNAS AND EQUIPMENT. CITY shall have the right to affix additional antennas to the leased premises during the term of the lease provided CITY shall pay an additional Sixty ($60.00) Dollars per antenna per month as specified in Paragraph 2 herein. Before affixing additional antennas and equipment, CITY shall be required to obtain the prior written consent of OWNER which consent pWNE;k may withhold at its sole discretion. 5• E UIPMFNT TO REMAIN PROPERTY OF CITY OF TAMARAC. All antennas so affixed during the term of thi© Lease -2- 1 J A\,rermc it .ind ,111 crlu�l,m� nt l �r� t.rinzn�I th�r� c tip :hal l remain the property of CITY. Exhibit 1 6 LOCAL, STATE AND FEDERAL REGUI,ATIQrjS. CITY chill enaure that all installation and location of antennas and equipment pertaining thereto shall comply with all Federal, State and r.cical Government regulatic)ns. 7• WARRANTIES. (a) CITY shall ensure that the installation and use of the antennas and equipment pertaining thereto shall not interfere with the transmission or reception of radio, television or telephone signals or equipment of any other tenant or OWNER, and upon termination C� this lease shall be removed by CITY at CITY's 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. (b) OWNER warrants that it shall not permit any subsequent tenant of OWNER to erect any antenna or electrical television alarm radio transmitting or receiving equipment in such a manner to interfere with the transmission or reception of such signals c" the CITY or and prior tenant Of OWNER. 8- UTILITIES. CITY agrees to provide, at CITY'S expense, electrical facilities a v dedicated outlets of 110 volt a.c, power for rha nneration of CITY's 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. This dedicated A.C. outlet (preferably on its own circuit breaker) shall be located in the roof penthouse away from the elevator equipment. Additionally, CITY shall provide, at CITY's expense, three pair of dedicated voice grads,- ptjorje:� line, from the City of Tamarac Communications phone room to the roof penthouse at the Spectrum Building. These phone lines should be terminated nearthe A.C. outlet. -3- Exhibit 1 CITY shall comply with all requirements of the Florida Elevator Inspections Division at CITY's expense. This will require that the CI'''Y install a fence separating the CITY equipment from the elevator equipment. CITY specifically ® acknawledges that existing 1 , electrical service has been inspected by CITY and/or its accents, and that said electrical service conforms with the requirements of this paragraph. 9. MAINTENANCE. CITY shall not be required or be responsible for maintaining t,,ny part of the leased premises and the maintenance requirements of painting the interior oriexterior Of the structure or placement of light bulbs, lighting equipment, electrical outlets, and any maintenance of whatever kind pertaining to the property shall remain the responsibility of OWMER. Provided, however, that CITY shall ebe solely responsible for the operation, maintenance and repair of all antennas and 'equipment ;nstalled by. CITY hereunder. 10. MECHANICS LIENS. 0 CITY shall pay for all material, labor costs for any and all work or alterations and/or improvements on the premises and/or adjacent property required by governmental regulations pertaining to the installation and use of antennas and equipment pertaining ther(rtn anti -;hall keep she premises free and clear of all liens fur labor and material as contracted for by the CITY or its Su1)--1r'SSees and c0nve15c:1y OWNER shall keep such premises freer rand cl(at' Ergo; all lien:; for labor and materials cc)ntr-acted foz by OWNER ar:d eac-l; of the parties hereto agree that it will promptly pay and discharge any and all such lienr+ aS may be incurred by such party. 0 Notwithstan<lilIg anything hereinto the r_ontiary, CITY agree_; that, prior to contracting for any la - kicr, material Exhor 1 services to be supplied to equipment Installed by CITY, other than emergency repairs, CITY shall notify OWNER 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. Lessee shall provide and maintain the following policies of insurance throughout the entire term of this lease: 1. Compreiansive/Comrrercial General Liability (primary coverage, including personal injury, bodily injury, broad form property damage, premises/operations, owner's protective coverage, blanket contractual liability, products and completed operations liability in amounts not less than two hundred thousand dollars ($200,000.00) combined .single limit per occurrence and one hundred thousand dollars ($100,000.00) per person. 2. worker's Compensation Insurance: a. Statutory Limits as required by the State of Florida. b. Employer's Liability coverage in an amount not le..s than one million dollars ($1,000,000.00). 3. Property insurance all risks coverage including, -5- but not limited to. fine extended r-overage, van�1- Exhibit 1 Ism, rualicioun mischief, coverage upon all impc-ove ments and property located in the premises, whether installed by Lessor or Lessee, in an amouiTt not less than the full new replacement cost thereof, ® Without any deductions for coinsurance. All policies of insurance shall (i) name Lessor, its successors and assigns as an additional names insured, (ii) contain a waiver of any rights of subrogation against Lessor and Lessor's agents, employees, representatives, contractors and licensees and (iii) contain a cross -liability endorsement and a provision stating that any coverage afforded thereby shall be primary and noncontributing with respect to any insurance carried by Lessor, and any insurance carried by Lessor shall be primary and,,noncontributing. Lessee shall provide certificates of insurance for all policies in form ® reasonably satisfactory to Lessor. Any and all indemnity and hold harmless provisions in this lease shall not be deemed,to be limited by the limits of any of tLe insurance policies herein. 12. INDEMNIFICATION. Notwithstanding any insurance limits specified in Paragraph 11 herein, 'except for the intentional acts and willful negligence or gross negligence of owner, its agents, Oyees, or representatives,, the CITY agreos to indemnify and hold harmless OWNER from any and all claims, causes of action, damages, injuries and costs, expenses and attorneys fees, r�.sulting from the installation, use, operation, maintenance, removal and/or demolition of antennas and equipment pertaining thereto by the CITY. G.JNER shall hold CITY harmless from and indemnify CITY from any and all Qa claims, of action, darnacle.;, crust,;, expenses ENhibit 1 attorney's fees which the CITY shall suffer by virtue of any acts or omissions to act upon the part of owner its agents, employees, or representatives. As elsewhere stated herein, CITY agrees notwithstanding any insurance limits specified in Paragraph 11 to indemnify and hold OWNER harmless for any damage to the equipment and instruments installed pursuant to this Lease, any personal injury or death caused by such installation, whether or not caused by the act or omission of CITY, its employees or agents. 13. AMENEMENTS. This agreement shall be amended only by the proper execution by both parties of a written docu:.ient. of egaal dignity hereto previously approved by both parties. 14. ASSIGNMENTS. This agreement shall not be assigned by CITY without first obtaining the written approval from OWNER, such consent not to be unreasonably withheld. 15. VENUE.. In connection with any litigation rising hereunder, venue shall be set in Broward County, Florida. I 16. WAZV1 R. Failure or delay on the part of the CITY or OWNER hereunder exercise any right, power or privilege hereunder shall not operate as a waiver thereof. 17. CONDITIONS PRECEDENT AND EARLY TE MINATION. (a) The parties acknowledge that the purpose of this lease is to allow the CITY to engage in the receiving and MM t)rOadCasting of cct.tain radio signal:; in t.tie ongoing conduct of CITY'n pul>llc safety operation. In the Vvent the. CIT&Agit1 unal)le to secure all required Federal, State, County and/or Municipal licenses necessary to review and continue an operation of such public safety communications, CITY's obligation to pay rent hereunder and OWNER'S obligation to lease their premises shall terminate upon writ,:cn noticication to OWNER by CITY with the proviso that CITY shall have first used due diligence in attempting to secure said licenses and permits and CITY shall restore the premises pursuant to Paragraph 7 (a) herein. (b) The parties acknowledge that Federal regulations require that the CITI make available use of a certain portion of Channels License to CITY within the first 36 months of the issuance of FCC licenses and that should CITY fail to meet said requirements, licenses may be revoked by the FCC and in such rvent CITY may terminate this Lease Agreement by providing OWNER with thirty (30) days written notice. 16. IMPOSSIBILITY TO PERFOM. If the leased property becomes untenable due to fire or rtrer casualty or CITY is prohibited from using the same for the purposes specified herein because of federal, State or local regulations now or hereinafter in force, or if the leased premises becomes unfit or undesirable for radio communications due to causes beyond the control of the CITY, the CITY may terminate this Lease Agreement upon thirty (30) days written notice. 19. ACCE:SS TO I.E:ASED PREMISES. aThe CITY, its employees, slit.) -contractors or sub -lessees, shall have the unrc_.-stricted r'iyht of inoress and egress to the leased premit:e:i at all times. -0- Exhibi 20. OPTION TO RENEW. OWNER hereby grants the CITY an option to renew this Lease Agreement for two additional periods of five (5) years, with the tame terms and conditiona except for the rental amounts. With regard to rental amounts, said amounts shall 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 exercised, the rental gate shall be renegotiated within the last ninety (90) days of said first five (5) year option period. In no event shall the rent during the first five (5) year option period as renegotiated exceed the specified per antenna, per month rental called for pursuant to this Agreement, multiplied by the increase in the Consumer Price Index for all Urban Consumers, U.S. City Average (1982=100) from Jl(� 1989 to ....t 1994, provided that in no event shall the monthly rent be less than $7 5.00 per antenna. During the ® second five (5) year option period, the monthly rental per antenna shal be adjusted per month by multiplying the monthly rental per antenna payable during the first five (5) year option period by the increase in the Consumer Price Index for all Urban Consumers, U.S. City Average (1982=100) from f Y_ 1994 to �O 1999, provided that in no event shall the monthly rent be less than S95.00 per antenna per a-inth. 21. F,STOPPEI, CERTIFICATE. TL*Trc--t shall, at any time and from Lime to time upon not �JvCkless than twenty (20) days prior written notice from 4and 1-*r6-, execute, acknowledge and deliver to ��d a ctate- ment In writing certifying that this lease is unmodified and in full force and effect (or, if modified, stating the nature -9- Of such modification and certified that this lease as r Pied, is in full force and effect), the dates to which the rental and other charges are paid in advance, if any, and the amount of t6*1k security deposit, if any, and acknowledge that there are not, to '�rft'C1 S e`e knowledge, any uncured defaults on the lD- part of the-}andd hereupon, and no events or condition then in existence which, with the passage of time or notice of both, would constitute a default on the 0%e.-r�0. part of the llrrs:Ylm ? hereunder, or specify such defaults, r t or conditions, if any are claimed. It is expressly understood and agreed that any such statement may be relied upon by any prospective purchaser or, encumberances; of all or �r any portion of the propert Y�• fitC �~ :s Failure upon �-�- CzTjd -ka-rd=s reasonable request to deliver such statement within such time shall, at the option of the nyr3; constitute a default under this lease. e 22. TERMINATION. Unless otherwise provided for herein, either party may terminate thii Agreement upon 120 days written notice to the other party. 23. TERM. The term of this Lease Agreement shall be for aperiod of five (5) years commencing, on the first day of 1A1— 1989 and end. ng on the 30th day of 1994. 24. PRIOR PJE:Go,rIATIONS. This Lease Agreement constitutes the eatire agreement of the parties hereto and shall Gupernede all prior offers, negotiations and ac�rrcments made in connection with the subject matter act forth herein. E 9 I14 WFFNE.SS WHERf;OF, the parties havo tit, reurit:c.> Uet their hands and ueals on the day and year firr;t alcove written. Exhibit 1 WITNESSES: llti� Get( 'rc!, ,TTTEST: CITY CLERIC Approved As o form: CITY ATTORN WITNESSES: STATE OF FLORIDA ) ) SS.. COUNTY OF BROWARD ) CITY OF TAMARAC By: tivi I`! MAY R iiy: I CITY MANAG FF,u•F.,�F.�1c,fA. ('CZcOEf��►�,S �r,c By: � {4,� By: _ff Title r q I HEREBY CERTIFY that on this � / day of 3989, before me personallya , appeared NORMAN A fCAMOWITZ, JOHN KELLY and CALOL 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 Tamarac. -11- R ~ 89- i99 Exhibit 1 STATE OF rtORIeA ) c 9 W `���{C ) s s . COUNTY OF 4i�PD ) I HEREBY CERTIFY that on this 4jd�ay of 1989, before me personally appeared C7�LIY S t o mie known,/Who being duly sworn by me, did depose and say that he is t h e fye C��t /�� of OWNER the corporation described in and which executed the foregoing Agreement; that he kncws the seal of said corporation; that one of the impressions affixed to said Agreement is an impression bF such seal; that he is the proper Official of said co rporation designed to execute such Agreement; he has authority so to do, that he executed sane 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 =7f ty in the State and County aforesaid this �day o1989. 1] "ANTENNA.ACRMNT" 0 l Exhibit 1 WITNESS my hand and official seal a Tamarac in the State and County aforesaid this, day of T 1989. / Notary Public NOTARY PUBLIC. STATE OF FLORIDA. MY COMMISSION EXPIRES: MAR. 1. 199]. aowa4s TwOW waTAwT ruaue uw"•T A'"AlL C� E. SITE LEASE AGREEMENT THIS Lease is dated and entered into on CL. Q01 4 1 12004 ("Execution Date") between The City of Tamarac, a Florida municipal corporation with principq9offic4locadd at 7525 NW 88s' Avenue, Tamarac, FL 33321 ("Tenant"), and Spectrum Park I, J.V., a Florida general partnership with principal offices located at 4901 NW 17a' Way, Suite 103, Ft Lauderdale, Fl 33309 ("Landlord"). 1. Leased Property and Permitted_ Uses. Landlord hereby leases to Tenant a . portion of the roof penthouse (the "premises") of the Spectrum Building located at 4901 N.W. 17`s Way, Ft Lauderdale, Broward County, Florida (the "Property"). 2. Initial Term. The initial term of this Lease shall be 5 years, commencing 30 days after the execution date. The initial term of this Lease shall expire at Midnight on the day before the 5th anniversary of the Execution Date. 3. Renewal Terms. This Lease shall automatically renew for 3 additional five-year terms (each being a "Renewal Term"), unless Tenant notifies Landlord in writing of Tenant's intention not to renew this Lease at least 60 days prior to the expiration of the initial term or any Renewal Term. 4. Rent. Rent shall be payable on the first day of each month following the execution of this lease agreement in the amount of $150. On each Anniversary Date, Rent shall be increased to an amount equal to one hundred five percent (105%) of the annual Rent for the last twelve-month period immediately prior to the adjustment. If this Lease is terminated on a day other than the Anniversary Date, then Rent shall be prorated as of the date of termination, and in the event of termination for any reason other than nonpayment of Rent, all prepaid Rent shall be promptly refunded to Tenant. 5. Due Diligence Period. For 90 days from the Execution Date If, in the sole and absolute opinion of Tenant, the Property is not suitable for Tenant's intended use, or Tenant determines that the operation of a communications facility on or within the Property would not be in Tenant's best interest, Tenant shall have the right at any time prior to the expiration of the Due Diligence Period to terminate this Lease by sending written notice of termination to Landlord. Thereafter, neither Landlord nor Tenant shall have any further obligation or liability under this Lease except as otherwise provided herein. 6. Interference, A. Tenant shall not use the Property in any way that interferes with the use of the Property by Landlord, or by tenants or tenants of Landlord holding rights to the Property on the Execution Date of this Lease; provided, however, that Landlord hereby acknowledges that Tenant's use of the Property for Tenant's Permitted Use shall not constitute an impermissible interference by Tenant. Furthermore, Tenant shall operate the Antenna Facilities in a manner that will not cause interference to Landlord and other tenants or licensees of the Property. Landlord shall be able to terminate this Lease if Tenant's Antenna Facilities interferes with Landlord's equipment or interferes with any other third -party tenant or their equipment, provided that such third-party's equipment is installed as of the Execution Date, and provided that Tenant has been unable to eliminate such interference within thirty (30) days after receipt of notice of such interference from Landlord. If Landlord terminates this Lease pursuant to this Section, Tenant shall remove immediately its equipment from the Property. All operations by Tenant shall be in compliance with all Federal Communications Commission requirements. B. If another Tenant's equipment is causing interference with Tenant's operation, Landlord shall, upon being advised of such interference by the Tenant shall notify the third party of such interference and will endeavor to eliminate said interference. In the event Landlord is unable to cure the interference problem within 60 days, Tenant may terminate this lease without penalty and neither party shall have any further liability to the other. Improvements; Utilities; Access. A. Tenant shall have the right, at its, expense, to install, construct, maintain, modify, supplement, replace and upgrade a communications facility on the Property,, which may include radio transmitting and receiving antennas, equipment shelters and other improvements relating thereto (collectively the "Antenna Facilities") provided that the space of the equipment and the space occupied remains the same or less. All work by Tenant shall be performed in compliance with Page t of 5 applicable laws and ordinances. Tenant is not authorized to contract for or on behalf of Landlord for work on, or the furnishing. of materials to, the Property or any other part of the Property, and Tenant shall discharge of record by payment, bond or otherwise, within 10 days subsequent to the date of its receipt of notice thereof from Landlord, any mechanic's or construction liens filed against the Property for work or materials claimed to have been furnished at the instance of Tenant. _ B. Tenant shall, at Tenant's expense, keep and maintain the Leased Property in commercially reasonable condition and repair during the term of this Lease. The Antenna Facilities shall remain the exclusive property of Tenant, and Tenant shall have the right to remove all or any portion of the Antenna Facilities at any time during the term of this Lease. Within a reasonable period following the expiration of the, term of this Lease (as such tern may be renewed from time to time in accordance with Section 3 above), Tenant shall (i) remove the Antenna Facilities and return the Leased Property to Landlord in visibly the condition existing as of the Execution Date, reasonable wear and tear excepted. C. Landlord shall provide Tenant with 24 hour, 7-day per week access to the Property for the installation, maintenance and operation of the Antenna Facilities and any utilities serving the Property. Termination. This Lease may be terminated, without any penalty or further liability, as follows. A. by Landlord if Tenant fails to cure a default for payment of amounts due under this Lease within 15 days after Tenant's receipt of written notice of default from Landlord; B. by either party if the other party defaults (other than a default described in Section &A above) and fails to cure such default within 30 days after written notice of such default is received by the defaulting party from the non - defaulting party; provided, however, that if such default is capable of being cured, but not within such 30-day period, this Lease may not be terminated so long as the defaulting party commences appropriate curative action within such 30-day period and thereafter diligently prosecutes such cure to completion as promptly as possible; C. by Tenant on 30 days prior written notice if it is unable to obtain, maintain or otherwise forfeits or cancels any license, permit or governmental approval necessary for the construction or operation of the Antenna Facilities or Tenant's actual or intended use of the Property, or Tenant determines that it would be commercially unreasonable to obtain or maintain the same; and D. by Tenant on 30 days prior written notice if Tenant determines, in its reasonable discretion exercised in good faith, that based on (i) technology, (ii) interference with use of the Property resulting from the acts of any third party, an act of God or from other natural forces or (iii) changes in system design or system usage patterns, Tenant's use of the Antenna Facilities (as the same may have been modified from time to time) is no longer consistent with the optimal operation of Tenant's communication system or such continued use would be commercially unreasonable. Casualty and Condemnation. A. If any part of the Antenna Facilities is damaged by fire or other casualty so as to prevent the continuation of Tenant's Permitted Use in a commercially reasonable manner, then Tenant may terminate this Lease by providing written notice to Landlord, which termination shall be effective as of the date of such damage and/or destruction. Upon such termination, Tenant shall be entitled to collect all insurance proceeds payable on account thereof and to be reimbursed for any prepaid Rent. B. If any part of the Property or the Antenna Facilities is taken by eminent domain, or by a deed in lieu of condemnation, so as to prevent the continuation of Tenant's Permitted Use in a commercially reasonable manner, then Tenant may terminate this Lease by providing written notice to Landlord, which termination shall be effective as of the date of the vesting of title in such taking. Upon such termination, Tenant shall be entitled to be reimbursed for any prepaid rent. Landlord and Tenant shall each be entitled to pursue their own separate awards with respect to any taking by eminent domain. 10. Notices. All notices, requests, demands and other communications hereunder writing and shall be deemed given if personally delivered or mailed, certified mail, return receipt requested, or sent by overnight carrier to the following addresses: To Tenant City of Tamarac 7525 N.W. 88th Avenue Page 2 of 5 Tamarac, Florida 33321-2401 ATTN: City Manager With a Copy To: City of Tamarac 7525 NW 88 Avenue Tamarac, FL 33321 ATTN: City Attorney To Landlord Spectrum Park 1. J.V. c/o Levy Real Advisors, Inc 4901 N.W. 17 Way, Suite 103 Ft. Lauderdale, Fl. 33309 Legal notices only copy to; Spectrum Park 1, J.V. Levy Realty Advisors, Inc. 4901 N.W. 17's Way, Suite 103 Ft. Lauderdale, Fl. 33309 II. Quiet Enjoyment. Title and Authority. Landlord covenants and warrants that (i) it has full right, power and authority to execute this Lease and has the power to grant all rights hereunder; (ii) it has good, marketable and unencumbered title to the Property free and clear of any liens, mortgages, restrictions or other encumbrances that will interfere with Tenant's Permitted Use; (iii) its execution and performance of this Lease will not violate any laws, ordinances, covenants, or the provisions of any mortgage, Lease or other agreement binding on Landlord; (iv) Tenant shall have the quiet enjoyment of the Property, and (v) if the Property is encumbered by a deed to secure debt, mortgage or other security interest, Landlord will use its best efforts to provide promptly to Tenant a fully signed Subordination, Non -Disturbance and Attomment Agreement in a form acceptable to Tenant. 12. Environmental Laws. As used herein, the term "Environmental Laws" shall mean any and all local, state or federal statutes, regulations or ordinances pertaining to the environment or natural resources. As used herein, the term "Hazardous Substance- shall mean any toxic or hazardous waste or substance (including, without limitation, asbestos and petroleum products) that is regulated by Environmental Laws. Tenant represents, warrants and agrees that it will conduct its activities on the Property in compliance with all applicable Environmental Laws. Landlord represents, warrants and agrees that it has in the past and will in the future conduct its activities on the Property in compliance with all applicable Environmental Laws and that the Property is free of any Hazardous Substance as of the date of this Lease. Landlord shall be responsible for, and shall promptly conduct any investigation and remediation as required by any Environmental Laws or common law of, all spills or other releases of Hazardous Substance, not caused solely by Tenant, that have occurred or which may occur on the Property or surrounding property owned by Landlord. Tenant agrees that it will not use, generate, stare, or dispose of any Hazardous Material on, under, about, or within the Land in violation of any law or regulation. Landlord represents, warrants, and agrees (1) that neither Landlord nor, to Landlord's knowledge any third party has used, generated, stored or disposed of, or permitted the use, generation, storage or disposal of, any Hazardous Material on, under, about, or within the Land in violation of any violation of any law or regulation, and (2) that Landlord will not, and will not permit any third party to use, generate, store or dispose of any Hazardous Material on, under, about or within the Land in violation of any law or regulation. This paragraph shall survive the termination of this agreement. 13. Successors and Assigns. This Lease shall run with the Property and shall be binding upon and inure to the benefit of the parties, their respective successors, personal representatives and assigns. 14. Landlord's Lien. Landlord hereby waives any and all lien rights it may have, statutory or otherwise, concerning the Antenna Facilities or any portion thereof. The Antenna Facilities shall be deemed personal property for purposes of this Lease, regardless of whether any portion thereof is deemed real or personal property under applicable law. Page 3 of 5 15. Miscellaneous: A. Without limiting the terms of Section 8, if either party fails to perform a material obligation "under this Lease within 30 days after receiving written notice from the other party, the party that delivers such notice may perform such obligation or take other appropriate curative action on behalf and at the expense of the nonperforming party. If the curative action is taken by Tenant, the expenses may be offset against the next payment(s) of Rent. If the curative action is taken by Landlord, the expenses shall be paid by Tenant together with the next payment of Rent. B. The parties acknowledge that a substantial portion of negotiations and anticipated performance and execution of this Lease occurred or shall occur in the State of ,Florida. Any civil action or legal proceeding arising out of or relating to this Lease shall be brought in the Circuit Court of the State of Florida in Broward County. Each party consents to the jurisdiction of such court in any civil action or legal proceeding, and waives any objection to the laying of venue of any such civil action or legal proceeding in such court. Service of any court paper may be affected on such party by mail, as provided in this Lease, or in such other manner as may be provided under applicable laws, rules of procedure or local rules. Both Parties agree to waive trial by jury. C. This Lease constitutes the entire agreement and understanding of the parties with respect to the Property and subject matter hereof, and supersedes all offers, negotiations and other agreements. There are no representations or understandings of any kind not set forth herein. Any amendment to this Lease must be in writing and executed by both parties. 16. Compliance with Laws. Landlord represents that Landlord's property, and all improvements located thereon, are in compliance with building, life/safety, disability, and other laws, codes and regulations of applicable government authorities. Tenant will comply with all applicable laws relating to its possession and use of the Site. Page 4 of 5 17. Venue. This agreement shall be governed by the laws of the State of Florida as now and hereafter in force. The venue for actions arising out of this agreement is fixed in Broward County, Florida. Wherefore, the parties hereby enter into this Lease as of the date first set forth above: ATTEST: Marion S.wefispn,` C, City Clerk Date: - ATTEST: Secretary Type/Print Name of Corporate (CORPORATE SEAL) TENANT: J Schreeii�ber, Mayor Date: / 7 Jeffrey - -11 , City Manager Date: 7 LANDLORD: Spectrum Park I, J.V LEVY REALTY A VISORS, INC., perty Manager Alan M. Levy Broker /President Type/Print Name - Date: 7 7 4?1- Page 5 of 5 L �,