HomeMy WebLinkAboutCity of Tamarac Resolution R-90-078Temp. Reso. #5731
Revised 3/14/90
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-90 - 74?
A RESOLUTION AUTHORIZING THE APPROPRIATE CITY
OFFICIALS TO EXECUTE A ONE-YEAR LEASE WITH F
AND R TAMARAC, LTD., FOR TEMPORARY HOUSING OF
THE PUBLIC WORKS DEPARTMENT ADMINISTRATIVE
DIVISION AND FLEET MAINTENANCE DIVISION AT 7409
AND 7407 PINE ISLAND ROAD (FR.IEDES COMMERCIAL
CENTER; PROVIDING THE NECESSARY BUDGETARY
TRANSFERS TO ACCOMPLISH SAID OCCUPANCY; AND
PROVIDING AN EFFECTIVE DATE.
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TAMARAC, FLORIDA:
SECTION 1: That the appropriate City officials are
hereby authorized to execute a one --year lease with F and R
Tamarac, Ltd., for temporary housing of the Public Works
Department Administrative Division and Fleet Maintenance Division
at 7409 and 7407 Pine Island Road (Frieder Commercial Center), at
a cost of $1,500.00 per month, a copy of said lease being attached
hereto as "Exhibit 111.
SECTION 2: That the necessary budgetary transfers to
accomplish said occupancy are made, a copy being attached hereto
as "Exhibit 2".
SECTION 3: This Resolution shall become effective upon
adoption.
PASSED, ADOPTED AND APPROVED this A4 day of 1990.
ATTEST:
CAROL A. EVANS
CITY CLERK
I HEREBY CERTIFY that I have
approved this RESOLUTION as
to form.
LAN RUF
INTERIM CIT ATTORNEY
RECORD OF COUNCIL VOTE
MAYOR 6 RAM 1
DISTRICT 1: 241SHR
DISTRICT 2: --mum tjgef
DISTRICT
DISTRICT A: V,' /M BENDER
(01
01
6
�3 U0xit r6s :tact
THIS AGREEMENT, entered into this 14 day of March ' 1990
between F AND R Tamarac, Ltd.,
, hereinafter called the lessor,
party of the first part, and City of Tamarac, Florida
of the County of Broward and State of Florida
hereinafter called the lessee or tenant, party of the second part:
WITNESSETH, That the said lessor does this day lease unto said lessee, and said lessee
does hereby hire and take as tenant under said lessor 1WRM Space Bay 4 & 5
7409 and 7407 Pine Island Road,
No.
situate in Tamarac State of Fl. , to be used and occupied by the lessee as
for vehicle repair and for no other purposes or uses whatsoever, for
the term of 13 months , subject and conditioned on the provisions of
clause ten of this lease beginning the 1st day of
19 9 0 , and ending the 1 s t day of May
at and for the agreed total rental of $16 , 5 0 0.0 0 (sixteen
Dollars, payable as follows: $1,500 upon the signing of
$1,500 per month, each month, due and payable
month.
April
19 .91
thousand 500 dollars)
this lease and then
on the 1st of each
The initial $1,500 due and payable upon the signing of this
Lease shall be applied to the first month's rent.
The last two month's rent will be deemed paid upon Tenant's
occupancy of the premises.
all payments to be made to the lessor on the first day of each and every month in advancc4e without
demand at the office of F and R Tamarac, Ltd. , 17801 NE 33 P1. ,in the City of
N. Miami Beach, F1.33160br at such other place and to such other person, as the lessor
may from time to time designate in writing.
The following express stipulations and conditions are made a part of this lease and are here-
by assented to by the lessee:
FIRST: The lessee shall not assign this lease, nor sub -let the premises, or any part thereof nor use the same,
or any part thereof, nor permit the same, or any part thereof, to be used for any other purpose than as above stipu-
lated, nor make any alterations therein, and all additions thereto, without the written consent of the lessor, and
all additions, fixtures or improvements which may be made by lessee, except movable office furniture, shall be-
come the property of the lessor and remain upon the premises as a part thereof, and be surrendered with the prem-
ises at the termination of this lease.
SECOND: All personal property placed or moved in the premises above described shall be at the risk of
the lessee or owner thereof, and lessor shall not be liable for any damage to said personal property, or to the
lessee arising from the Lursting or leaking of water pipes, or from any act of negligence of any co -tenant or
occupants of the building or of any other person whomsoever.
THIRD: That the tenant shall prom� tly execute and comply with all statutes, ordinances rules,
orders, regulations and requirements of the Federal, State and City Government and of any and all their Depart-
ments and Bureaus applicable to said pr-mises, for the correction prevention, and abatement of nuisances or other
grievances, in, upon or connected with said premises during saiA term; and shall also promptly comply with and
execute all rules, orders and regulations of the applicable fire prevention codes for the prevention of fires, at J + c
own cost and expense.
FOURTH: In the event the premises shall be destroyed or so damaged or injured by fire or other casualty
during the life of this agreement, whereby the same shall be rendered untenantable, then the lessor shall have the
right to render said premises tenantable by repairs within ninety days therefrom. If said premises are not rendered
tenantable within said time, it shall be optional with either party hereto to cancel this lease, and in the event of
such cancellation the rent shall be paid only to the date of such fire or casualty. The cancellation herein mentioned
shall be evidenced in writing.
FIFTH: The prompt payment of the rent for said premises upon the dates named, and the faithful observ-
ance of the rules and regulations printed upon this lease, and which are hereby made a part of this covenant, and
of such other and further rules or regulations as may be hereafter made by the lessor, are the conditions upon
which the lease is made and accepted and any failure on the part of the lessee to comply with the terms of said
lease, or any of said rules and regulations now in existence, or which may be hereafter prescribed by the lessor,
shall at the option of the lessor, work a forfeiture of this contract, and all of the rights of the lessee hereunder.
10-7 9
SIXTH: If the lessee shall abandon or vacate said premises before the end of the term of this lease, or shall
suffer the rent to be in arrears, the lessor may, at his option, forthwith cancel this lease or he may enter said premises
as the agent of the lessee, without being liable in any way therefor, and relet the premises with or without any
furniture that may be therein, as the agent of the lessee at such price and upon such terms and for such duration of
time as the lessor may determine, and receive the rent therefor, applying the same to the payment of the rent due by
these presents, and if the full rental herein provided shall not be realized by lessor over and above the expenses to
lessor insuch re -letting, the said lessee shallpay any deficiency, and if more than the full rental is realized lessor will
pay over to said lessee the excess of demand.
SEVENTH: Lessee agrees to pay the cost of collection and ten per cent attorney's fee on any part of said
rental that may be collected by suit or by attorney, after the same is past due.
EIGHTH: The lessee agrees that he will pa all charges for rent, gas, electricity or other illumination, and for
all water used on said premises, and should saidchargesfor rent, light or water herein provided for at any time
remain due and unpaid for the space of five days after the same shall have become due the lessor may at its option
consider the said lessee tenant at sufferance and the entire rent for the rental period then next ensuing shall at once
be due and payable and may forthwith be collected by distress or otherwise,
chattels o?'Md'ib9W
rent)MMMMU{vK
at the„eJ eotiam,af flu
ELEVENTH: The lessor, or any of his agents, shall have the right to enter said premises during all reason-
able hours, to examine the same to make such repairs, additions or alterations as may be deemed necessary for the
safety, comfort, or preservation thereof, or of said building, or to exhibit said premises, and to put or keep upon
the doors or windows thereof a notice "FOR, RENT" at any time within thirty (30) days before the expiration
of this lease. The right of entry shall likewise exist for the purpose of removing placards, signs, fixtures, altera-
tions, or additions, which do not conform to this agreement, or to the rules and regulations of the building.
TWELFTH: Lessee hereby accepts the premises in the condition they are in at the beginning of this lease
and agrees to maintain said premises in the same condition, order and repair as they are at the commencement of
said term, excepting only reasonable wear and tear arising from the use thereof under this agreement, and to
make good to said lessor immediately upon demand, any damage to water apparatus, or electric lights or any fix-
ture, appliances or appurtenances of said premises, or of the building, caused by any act or neglect of lessee, or of
any person or persons in the employ or under the control of the lessee.
THIRTEENTH: It is expressly agreed and understood by and between the parties to this agreement, that
the landlord shall not be liable for any damage or injury by water, which may be sustained by the said tenant or
other person or for any other damage or injury resulting from the carelessness, negligence, or improper conduct
on the part of any other tenant or agents, or employees, or by reason of the breakage, leakage, or obstruction of
the water, sewer or soil pipes, or other leakage in or about the said building.
FOURTEENTH: If the lessee shall become insolvent or if bankruptcy proceedings shall be begun by or against
the lessee before the end of said term the lessor is, hereby irrevocably authorized at its option, to forthwith cancel this
lease, as ?tor a default. Lessor may elect to accept rent from such receiver, trustee, or other judicial officer during the
term of their occupancy in their fiduciary capacity without affecting lessor's rights as contained in this contract, but
no receiver, trustee or other judicial officer shall ever have any right, title or interest in or to the above described
property by virtue of this contract.
FIFTEENTH; Lessee hereby waives and renounces for himself and family any and all homestead and ex-
emption rights he may have now, or hereafter, under or by virtue of the constitution and laws of the State of
Florida, or of any other State, or of the United States, as against the payment of said rental or any portion
hereof, or any other obligation or damage that may accrue under the terms of this agreement.
SIXTEENTH: This contract shall bind the lessor and its assigns or successors, and the heirs, assigns, personal
representatives, or successors as the case may be, of the lessee.
SEVENTEENTH: It is understood and agreed between the parties hereto that time is of the essence of
this contract and this applies to all terms and conditions contained herein.
EIGHTEENTH: It is understood and agreed between the parties hereto that written notice mailed or deliv-
ered to the premises leased hereunder shall constitute sufficient notice to the lessee and written notice mailed or
delivered to the office of the lessor shall constitute sufficient notice to the Lessor, to comply with the terms of
this contract.
NINETEENTH: The rights of the lessor under the foregoing shall be cumulative, and failure on the part of
the lessor to exercise promptly any rights given hereunder shall not operate to forfeit any of the said rights.
TWENTIETH: It is further understood and agreed between the parties hereto that any charges against
the lessee by the lessor for services or for work done on the premises by order of the lessee or otherwise accruing
under this contract shall be considered as rent due and shall be included in any lien for rent due and unpaid.
TWENTY-FIRST: It is hereby understood and agreed that any signs or advertising to be used, including
awnings, in connection wiL:. the premises leased hereunder shall be first submitted to the lessor for approval be-
fore installation of same.
22. This Lease shall be null and void and of no further force
or affect if not signed by Lessee by April 1, 1990, and returned to
Lessor by April 15, 1990.
K-
90.
F,I
L
•
23. All Tenant improvements shall be at Tenant's expense, including
all fees and permits for said improvements.
IN WITNESS WHEREOF, the parties hereto have hereunto executed this instrument for the
purpose herein expressed, the day and year above written.
Signed, *Qt ed and delivered in the presence of:
f
As to Lessor
As to Lessee
CARc+� A. EvANS, GIry eu=.Rlc
STATE OF
County of Broward
Before me, a Notary
c�Zj Ltd.. (Seal
( Seal
by: Toseph Friedes, General Party
( Seal
P �l.l 1p-fi; t ( Seal
Lessee
i
in and for said State and County, personally came
of the City of Tamarac to me
well known and known to b the person named in the foregoing lease, and`
acknowledged that executed the same for the purpose therein expressed.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official sea] the / q"
day of19 �161 .
Notary Public
My commission expires SOU11 PUBLIC STATE OF FLORIDA
NY COR!°ISSION EXP SEPT 17,199D
BONDED THHU GEMERAI INS. UND.
er
1 kj" ]nulrunit-w prc p m-d by:
Address
H
O
MY
E
Cl
C�