HomeMy WebLinkAboutCity of Tamarac Resolution R-90-079Temp. Reso. #5732
Revised 3/14/90
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R--90-
A RESOLUTION AUTHORIZING THE APPROPRIATE CITY
OFFICIALS TO EXECUTE A ONE-YEAR LEASE WITH PLAZA
ASSOCIATES FOR TEMPORARY HOUSING OF THE PUBLIC
WORKS DEPARTMENT ADMINISTRATIVE DIVISION AND
FLEET MAINTENANCE DIVISION AT 8757/ 8759 N.W.
57th STREET (PLAZA DEL, SOL); PROVIDING THE
NECESSARY BUDGETARY TRANSFERS ARE MADE 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 auhorized to execute a one-year lease with Plaza Associ-
ates for temporary housing of the Public works Department Admin-
istrative Division and Fleet Maintenance Division at 8757/8759 N.W.
57th Street (Plaza Del Sol) in the amount of $1,227.96 per month, a
copy of said lease being attached hereto as "Exhibit 1".
SECTION 2�: That the necessary budgetary transfers are
made to accomplish said occupancy, a copy being attached hereto as
"Exhibit 2".
SECTION 3: This Resolution shall become effective upon
adoption.
PASSED, ADOPTED AND APPROVED this day of 1990.
ATTEST:
CAROL A. EVANS
CITY CLERK
I HEREBY CERTIFY that I have
approved this esolution as
to
ALAN OF
INTERIM CITY ATTORNEY
RECORD O,- �,. ,jACIL YOTt
MAYOR ABRAMOWITZ-
- s
DISTRICT 1: CIM,R
DISTRICT 2: i Cal ST " R
DISTRICT 3: C/M t1g foo_
DISTRICT 4: VBENDER
10
US lutso �Iraot
THIS AGREEMENT, entered into this �4 day of March ' 19 90
between Plaza Associates
, hereinafter called the lessor,
party of the first part, and City of Tamarac
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 X6i4WQ XXXXXU3NW
No. 8757/8759 N.W. 57th Street (2,267 square feet)
solel
situate in Tamarac, Florida, to bA"d occupied by the lessee as
Public Works Office, City of Tamarac and for no other purposes or uses whatsoever, for
the term of One (1) year , subject and conditioned on the provisions of
clause ten of this lease beginning the first day of April
19 90 , and ending thethirty-first day of March , 19 91 ,
at and for the agreed total rental of Fourteen Thousand Seven Hundred Thirty —Five 55/100
Dollars, payable as follows:
Equal monthly installments of One Thousand Two Hundred Twenty --Seven
Dollars and Ninety -Six Cents ($1,227.96).
Upon signing of this lease, lessee shall place with lessor Security
Deposit in the amount of .Two Thousand Four Hundred Fifty -Five Dollars
and Ninety -Two Cents ($2,455.92) and first month's rental payment of
One Thousand Two Hundred Twenty -Seven Dollars and Ninety --Six Cents
($1,227.96).
all payments to be made to the lessor on the first day of each and every month in advance without
demand at the office of c/o Summit Realty & Development Corporation in the City of
200 W. Palmetto Park Road
Boca Raton, FL 33432 or 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 aUtions, 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-
lses 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 bursting 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.
TIIIRD: That the tenant shall promptly execute and comply with all statutes, ordinances, rules,
orders, regulations *nd requirements of the Federal, State and City Government and of any and all their Depart-
ments and Bureaus applicable to said premises, for the correction, prevention, and abatement of nuisances or
other grievances, in, upon, or connected with said premises during said term; and shall also promptly comply
with and execute all rules, orders and regulations of the Southeastern Underwriters Association for the preven-
tion of fires, atown cost and expense.
FOURTIi: 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.
FIFTII: 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 mayy 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,
and thereupon the lessor, his agents or attorneys, shall have the right to enter said premises, and remove all per-
C�
C� J
sons therefrom forcibly or otherwise, and the lessee thereby expressly waives any and all notice required by law
to terminate tenancy, and also waives any and all legal proceedings to recover possession of said premises, and ex-
pressly agrees that in the event of a violation of any of the terms of this lease, or of said rules and regulations,
now in existence, or which may hereafter be made, said lessor, his agent or attorneys, may immediately re-enter
said premises and dispossess lessee without legal notice or the institution of any legal proceedings whatsoever.
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, by force or otherwise, 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 in such re -letting, the said lessee shall pay 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 pay all charges for rent, gas, electricity or other illumination,
and for all water used on said premises, and should said charges for 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 immediately re-enter upon said premises and the
entire rent for the rental period then next ensuing shall at once be due and payable and may forthwith be collect-
ed by distress or otherwise.
It being further understod and agreed that the lessee will not be required to vacate said premises during
the winter season: namely, November first to May first, by reason of the above paragraph.
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 withinsixty(60)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.
TIIIRTEENTH: 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, newer 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 forth-
with cancel this lease, as for a default. Lessor may elect to accept rent from such receiver, trustee, or other judi-
cial officer during the term of their occupancy in their fiduciary capacity without effecting lessor's rights as con-
tained 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, ad-
ministrators, legal representatives, executors 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 with the premises ]eased hereunder shall be first submitted to the lessor for approval be-
fore installation of same.
4
t*96-e f'/ `1
11
r�
TWENTY --SECOND: Lessor hereby agrees at his own cost and
expense to perform the following work to demised premises:
1. Repair or replace ceiling tiles as necessary;
2. General clean up;
3. Install office door on 2nd office located in Say No. 8759.
TWENTY-THIRD: Provided the Lessee shall have continuously
operated its business from the demised premises during the term
of this lease, and shall have faithfully and fully complied with
all the obligations on Lessee's part to be performed hereon, the
Lessee shall have the privilege of one (1) renewal of this lease,
to be for a period of six (6) months, all terms and conditions to
remain unchanged.
If Lessee shall desire to exercise any such renewal option to
renew for the additional period, it shall give written notice
thereof to Lessor at least Sixty (60) days prior to the
commencement of renewal period.
TWENTY-FOURTH: Lessee shall furnish Lessor with sales tax
exempt certificate.
END----------------------
IN WITNESS WHEREOF, the parties hereto have hereunto executed this instrument for the
purpose eln expressed, the day and year above written.
deli
As to .l.jesse c c F R K
64AC . 4, �✓ANs� CITY
STATE OF ORIDA,
County of
of :
PLAZA ASSOCIATES (Seal
( Seal
Frank J. Gul ano,Lesspr
C TY OF TAMARAC (Seal
�- (Seal
HOAMAIV AARRM aeW i rz" M1
Before me, a Notary PAblic in and for said State and County, personally came
1zf to me
well known and known z be the person named in the foregoing lease, and
acknowledged that. —executed .. executed the same for the purpose therein expressed.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day of , I9.�:
ROTARY PUBLIC STATE OF FLORIDA
NY CORNISSION ENP SEPT 17,19fl0
My commission expires nnunEu IRNu GENERAL 1kS. UND.
Notary Public, State of Florida at Large.
?lar Lulrumew prepared by:
Addreu