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HomeMy WebLinkAboutCity of Tamarac Resolution R-94-1751 Temp. Reso. #6814 9/01/94 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-94- 7-65 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE OFFICIALS TO EXECUTE THE ADDENDUM TO JUNE 29, 1989 AGREEMENT BETWEEN CITY OF TAMARAC AND PA/FIRST PLAZA JOINT VENTURE I, A TEXAS JOINT VENTURE, SUCCESSORS IN INTEREST TO PAN AMERICAN PROPERTIES, INC. FOR THE LEASE OF PROPERTY FOR INSTALLATION OF COMMUNICATION ANTENNAS AND EQUIPMENT PERTAINING THERETO, LOCATED AT 4901 N.W. 17TH WAY, FT. LAUDERDALE, FLORIDA; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, P/A First Plaza Joint Venture I, a Texas Joint Venture, is the owner of the Spectrum Building located at 4901 N.W. 17th Way, Ft. Lauderdale, FL, said property previously owned by Pan American Properties, Inc.; and WHEREAS, the City Council 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 lease space from P/A First Plaza Joint Venture I, a Texas Joint Venture, to be used by all City departments and police operations for the installation of communication antennas and equipment pertaining thereto; and z Temp. Reso. #6814 9/01 /94 WHEREAS, an efficient communications system is a vital part of the services and protection provided to the residents of the City of Tamarac by all City departments and the police operations; and WHEREAS, the Director of Public Services hereby recommends aproval. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF TAMARAC, FLORIDA: SEQTIQU L The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this resolution. SECTIQN 2. That the appropriate City officials are hereby authorized to execute the Addendum to June 29, 1989 Agreement between City of Tamarac and PA/First Plaza Joint Venture I, a Texas Joint Venture, successors in interest to Pan American Properties, Inc. for the lease of property for installation of communication antennas and equipment pertaining thereto, located at 4901 N.W. 17th Way, Ft. Lauderdale, FL, at a cost of Ninety -Five Dollars ($95.00) per antenna per month as total rent for citywide communications. A copy of said Lease Agreement being attached hereto and incorporated herein as Exhibit "1 " and a copy of said Addendum being attached hereto and incorporated herein as Exhibit "2". SECTION 4: 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 1 1 1 M Temp. Reso. #6814 9/01 /94 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 immediately upon its passage and adoption. r ' PASSED, ADOPTED AND APPROVED this y� day of 1994. FTVRI*� CAROL A. EVANS CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. CITY ATTO (K94-01 1(6814) I� r J % _ RWI-Lt, '4 MAYOR RECORD OF MAYOR ABRAMOWITZ DIST. 1: V / M KATZ DIST. 2: C / M MISHKIN DIST. 3: C / M SCH EIB R DIST. 4: C / W MACI" EK e . 5 4- / q,�' ADDENDUM TO JUNE 29, 1989 AGREEMENT BETWEEN CITY OF TAMARAC AND PA/FIRST PLAZA JOINT VENTURE I, A TEXAS JOINT VENTURE, SUCCESSORS IN INTEREST TO PAN AMERICAN PROPERTIES, INC. 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 PA/First Plaza Joint Venture I, a Texas Joint Venture, successors in interest to Pan American Properties, Inc., i C "r (hereinafter "OWNER") is made and entered into this 2-' day of 1994, by and between PA/First Plaza Joint Venture I, a Texas Joint Venture, 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 N.W. 17th Way, Ft. 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. (K94-011.AddendumPanAm.7/21 /94) (K94-01 1.AddendumPanAm.8/22/94) z ,qLl f7-s- NOW, THEREFORE, in addition to the obligations set forth in the 0 Agreement of June 29, 1989, between CITY and OWNER, the parties agree 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 July 1, 1994 to June 30, 1999. 2. The CITY agrees to pay OWNER Ninety -Five Dollars ($95.00) 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, 1994 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 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. IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the respective dates under each signature. CITY OF TAMARAC, through its City Manager signing by and through its City Council and P/A FIRST PLAZA JOINT VENTURE I, . (K94-011.AddendumPanAm.7/21 /94) (K94-011.AddendumPanAm.8/22/94) 2 5' D 6 �T A TEXAS JOINT VENTURE, signing by and through p,e - duly 40 authorized to execute same. 11 ATTEST: F Carol A. Evans City Clerk (K94-011.AddendumPanAm.7/21 /94) (K94-011.AddendumPanAm.8/22/94) 3 CITY F TAMARAC: By: Norman Abramowitz Mayor Date: 4 By Robert S. Noe, Jr. City Manager Date: Approved as to form: B: F. Mitchell S. Kraft City Attorney le q'el- / 7-�' i 7 L-J 1� ATTEST: Corporate Secretary (Corporate Seal) l� STATE OF FLORIDA SS COUNTY OF (Please see attached signature page) PA/FIRST PLAZA JOINT VENTURE I, A TEXAS JOINT VENTURE By: President I HEREBY CERTIFY that on this day, before me, an officer duly authorized 'rn the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared to me known to be the person(s) described in and who executed the foregoing instrLiment and _----acknowledged before me and under oath that .executed the same. WITNESS my, hand and official seal this ----- day of NOTARY PUBLIC, State of Florida at Large (Name of Notary Public: Print, Stamp, or Type as bqmmissioned) Personally known to me, or Produced identification— Type of I.D. Produced, DID NOT take an oath. ) DID take an oath, or ( (K94-01 1.AddendumPanAm.7/21 /94) (K94-01 1.AddendumPanAm.8/22/94) 4 0 0 SIGNATURE PAGE ATTACHED TO ADDENDUM TO JUNE 29, 1989 AGREEMENT BETWEEN CITY OF TAMARAC AND PA/FIRST PLAZA JOINT VENTURE I, A TEXAS JOINT VENTURE, SUCCESSORS IN INTEREST TO PAN AMERICAN PROPERTIES, INC. FOR THE LEASE OF PROPERTY FOR INSTALLATION OF COMMUNICATION ANTENNAS AND EQUIPMENT PERTAINING THERETO. ATTEST: CorporateASecretary AssiistAot (Corporate Seal) STATE OF TEXAS § COUNTY OF DALLAS § PA/FIRST PLAZA JOINT VENTURE #I, a Texas joint venture By: Trammell Crow Equity Partners II, Ltd., a Texas limited partnership, Co -Venturer By: Trammell Crow Ventures #2, Ltd., a Texas limited partnership, General Partner By: Trammell Crow Ventures #3, Ltd., a Texas limited partnership, General Partner By: By: Name: Title Trammell Crow Ventures Management company, Inc., a Texas corporation, BE ORE ME, the undersigned authority, on this day of Q(' , 1994, personally appeared Jeffrey C. Chavez, who being by me first duly sworn, declared that he is the Vice President of the above Corporation, that he signed the foregoing document as such officer, and that the statements contained therein are true and correct. My Co issio Expires N ary lic in and f the WZ /� ate of exas (Seal) f c ovp0000n00000aovo�000=0000 18 0 �i JUDY BENSLEY U%=00=1=0000000=0000� 6 Nctarry Public. Stato of Texasg