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HomeMy WebLinkAboutCity of Tamarac Resolution R-99-138Temp. Reso. #8632 06/04/99 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R 990 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING APPROPRIATE CITY OFFICIALS TO EXECUTE AN ADDENDUM TO THE JUNE 29, 1989 AGREEMENT FOR FIVE YEAR EXTENSION OF A LEASE AGREEMENT AT A MONTHLY RENT OF $110, WITH FRONTIER II PROPERTIES LIMITED PARTNERSHIP, CURRENT LEASING AGENT FOR THE PROPERTY KNOWN AS SPECTRUM I OFFICE BUILDING, WHERE THE CITY'S 800 MEGAHERTZ RADIO ANTENNA AND RELATED EQUIPMENT IS LOCATED FOR THE PROVISION OF EFFICIENT TELECOMMUNICATIONS THROUGHOUT THE CITY, PROVIDING FOR CONFICLTS, PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City and PA/First Plaza Joint Venture #1 (landlord) entered into an agreement, attached hereto as Exhibit I, 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 allows for three five year extensions and requires the adjustment of the rent based on the Consumer Price Index (CPI); and WHEREAS, the lease agreement was extended through an amendment attached hereto as Exhibit II, for five years on December 21, 1994 at a monthly rent of $95 and the current lease extension will expire on June 30, 1999; and WHEREAS, this antenna site is essential for the efficient radio communications on the east 1 Temp. Reso. #8632 06/04/99 Page 2 side of the City; and WHEREAS, Director of MIS recommends the approval of five year lease extension at a monthly rent of $110; 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 appropriate city officials to execute an addendum to the June 29, 1989 agreement, attached hereto as Exhibit "III" for five year extension of the lease of space at the Spectrum Building I commencing of July 1, 1999 and ending on June 30, 2004, at a monthly rate of $110. 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 the City authorizes appropriate city officials to execute an addendum to the June 29, 1989 agreement for the extension of the lease agreement with Frontier II Properties Limited Partnership for a period of five years commencing on July 1, 1999 and ending on June 30, 2004 at a monthly rent of $110. 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 1 1 Temp. Reso. #8632 06/04/99 Page 3 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 day ofqk4(�--- , 1999. ��' 2k4p-�� - JOE SCHREIBER MAYOR ATTEST: RECORD OF COMMISSION CAROL GOL MC/AAE MAYOR SCHREIBER CITY CLERK DIST 1; COMM. PORTNER DIST 2: V/M MISHKIN I REBY CERTIFY that I have DIST 3: COMM. SULTANOF pp ed this Resolutioryas to for DIST 4: COMM. ROBERTS A I C. MIT HELL S. KRAFT / V CITY ATTORNEY ADDENDUM TO JUNE 29, 1989 AGREEMENT BETWEEN CITY OF TAMARAC AND FRONTIER II PROPERTIES LIMITED PARTNERSHIP FOR THE LEASE OF PROPERTY FOR INSTALLATION OF COMMUNICATION ANTENNAS AND EQUIPMENT PERTAINING THERETO This Addendum to the Agreement between the City of Tamarac, (hereinafter "CITY") and Frontier II Properties Limited Partnership (hereinafter "OWNER") is made and entered into this 76- day of 1999, by and between Frontier II Properties Limited Partnership, and the City of Tamarac. WITNESSETH: WHEREAS, the CITY and OWNER entered into an Agreement • dated June 29, 1989, relating to the lease of a portion of the roof penthouse of the Spectrum Building, located at 4901 NW 171 Way, Fort Lauderdale, Broward County, Florida, to be used by all City departments and police operations for the installation of communication antennas and equipment pertaining thereto, (hereinafter "AGREEMENT'). The legal description of said property being as follows: A portion of Tract "C", Tract "D" Commerce Park according to the plat thereof recorded in Plat Book 112, Page 18 of the Public Records of Broward County, Florida. NOW, THEREFORE, in addition to the obligations set forth in the Agreement of June 29, 1989, between CITY and OWNER, the parties agree 0 as follows: 1. Option to renew as stated in Paragraph 20 of the Agreement, signed on June 29, 1989, is hereby exercised for a period of five (5) years to commence on June 30, 1999 to June 30, 2004. 2. The CITY agrees to pay OWNER One Hundred Ten Dollars ($110) per antenna per month, as total rent for the above -described property. Rent shall continue to be payable without notice, offset or demand in monthly installments due on the first day of each month. Payment shall commence on July 1, 1999 and continue until expiration or termination of this lease as originally written. 3. The June 29, 1989 Lease Agreement between CITY and OWNER and all subsequent amendments and addendums thereto not subject to this or other duly executed amendments and addendums remain 0 in full force and effect. The failure to specifically delineate any prior terms or conditions in this Addendum does not operate to relieve City or Owner of any obligations pursuant to the Agreement or waive any rights contained therein. 0 • ATTEST: By: a� Carol Gold, C/AAE • City Clerk L.] CITY OF TAMARAC: By: Joe Schreiber Mayor Date: ( - f g -9 f ey. Robert S. Noe, Jr. City Manager Date: _� - q .5�