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Home My WebLink AboutCity of Tamarac Resolution R-2000-265Temp. Reso #9150 09/15/2000 Revision #1 09/28/00 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2000-265 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE A FIRST LEASE AMENDMENT AGREEMENT BETWEEN THE CITY OF TAMARAC AND IRT PROPERTY COMPANY TO EXTEND THE CURRENT LEASE FOR AN ADDITIONAL PERIOD OF TWO (2) YEARS OF THE BUILDING DEPARTMENT OFFICE SPACE FOR AN ANNUAL AMOUNT NOT TO EXCEED $65,000.00 WHICH INCLUDES BASE RENT, TAXES, INSURANCE AND COMMON AREA MAINTENANCE FEES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Tamarac realizes the benefits of relocating and maintaining the relocation of the Building Department from City Hall since there is no current space available, nor will there be within the next two years; and WHEREAS, it is the recommendation of the Chief Building Official that the City execute the First Lease Amendment Agreement with IRT Property Company, attached hereto as Exhibit "A"; and WHEREAS, available funds exist in the General Fund budget for said purpose; and IJ Temp. Reso #9150 09/15/2000 Revision #1 09/28/00 Page 2 WHEREAS, this lease extension establishes a ceiling on the common area maintenance charges beginning with the 2000 calendar year in the amount of $6,972.54 with future annual increases not to exceed five (5) percent; and WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in the best interest of the citizens and residents of the City of Tamarac to authorize the appropriate City officials to execute a First Lease Amendment Agreement between the City of Tamarac and IRT Property Company to extend the current lease an additional period of two (2) years for an annual amount not to exceed $65,000.00 which includes base rent, taxes, insurance and common area maintenance fees. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution. SECTION 2: The appropriate City Officials are authorized to execute a First Lease Amendment Agreement between the City of Tamarac and IRT Property Company to extend the current lease of the Building Department office space an additional period of two (2) years for an annual amount not to exceed $65,000.00 which includes base rent, taxes, insurance and common area maintenance fees; attached hereto as Exhibit "A". 1 J 1 Temp. Reso #9150 09/15/2000 Revision #1 09/28/00 Page 3 SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4: If any clause, section, other part or application of 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 5: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this 11th day of October, 2000. ATTEST: MARION SWE SON, CMC City Clerk / I HEREBY CERTIFY that I Ove appP5'v%dhhis REZ)LUTIQN as to form. MITCFff LL S. KRAFT City Attorney E SCHREIBER -Mayor RECORD OR COMMISSOi N MAYOR SCHREIWA DIST 1: COMM. POMER..( Der t: cow MISMKIN,... DIST * COANM. wkxvw OW 4: VIM ROOM 4UNO M 200 Galleria Parkway Suite 1400 IRT PROPERTY COMPANY NYSE: IRT Atlanta, Georgia 30339 Telephone 770 955 4406 Facsimile 770 988 8773 October 11, 2000 FEDERAL EXPRESS/A.M. PAK (954) 721-1250 Ms. Rosemary Fisher Building Department CITY OF TAMARAC 8191 Northwest 88" Avenue Tamarac, FL 33321 RE: First Lease Amendment Agreement ("Agreement") for the City of Tamarac, Florida covering 8191 N. Pine Island Road, Tamarac Town Square Shopping Center, Tamarac, Florida Dear Ms. Fisher: Enclosed please find three (3) copies of the referenced Agreement which have each been executed on behalf of Landlord. Upon Tenant's execution of same, keep one (1) copy for your files and return the remaining two (2) copies to me at the letterhead address. Thank you for your assistance in this matter. Sincerely, IRT PROPERTY COMPANY &Js Wadsworth Paralegal Enclosures cc: Katy Welsh (via EMAIL w/enclosures) Pending (w/enclosures) SAAREt&EGALZOCBLLETTERS%E%TENDIO.i..dee FIRST LEA E AMEND A REENENT THIS FIRST LEASE AMENDMENT AGREEMENT ("Agreement") is made and entered into as of this l/ VA-- day of -&&—&—, 2000, by and between IRT PROPERTY COMPANY, a Georgia corporation ("Landlord"), and CITY OF TAMARAC, FLORIDA, a Florida municipal corporation ("Tenant"). WI TNE_fi S E T H: WHEREAS, Landlord and Tenant entered into a lease dated as of October 29, 1998 ("Lease"), which Lease commenced on January 8, 1999 and ends on November 30, 2001 and covers certain premises of approximately 4,413 square feet known as 8191 N. Pine Island Road ("Premises") located in Tamarac Town Square Shopping Center ("Center"), Tamarac, Florida; WHEREAS, Tenant desires to extend the term of the Lease for a period of two (2) years; and WHEREAS, Landlord agrees to consent to such extension and Tenant agrees to accept such extension according to the terms and conditions set forth herein. NOW, THEREFORE, for good and valuable considerations, the receipt, adequacy, and legal sufficiency of which are hereby acknowledged, the ;parties hereto agree as follows: 1. The term of said Lease is hereby extended for a period of two (2) years beginning December 2, 2001 and ending November 30, 2003 ("Extension Term"). 2. Tenant agrees to pay Landlord, as minimum guaranteed rental for the Premises during the Extension Term, without any deduction or setoff, the sums set forth in the following schedule: Lease Year of Extensi T One Two Annual Minimum Guaranteed Rental $48,234.09 $49,690.38 Monthly Minimum Guaranteed Rental $4,019.51 $4,140.87 Monthly installments of minimum guaranteed rental are due in advance, on the first day of each calendar month, plus additional charges due under the Lease. S!IKAREML EOALIDOCML EASES%EXTENDITAMARAC. DOC 1 y 3. As of July 1, 2000, notwithstanding anything to the contrary contained in Article 7 of the Lease and in connection with Tenant's Proportionate Share of Operating Costs, a maximum payment ceiling shall be established equal to (i) for the 2000 calendar year of the Lease Term, the annual sum of $6,972.54, and (ii) for each respective calendar year of the Lease Term thereafter (i.e. commencing with the third [3rd] calendar year of the Lease Term), not more than 105% of the maximum payment ceiling established for the immediately preceding calendar year of the Lease Term (i.e. the maximum payment ceiling to be established for the third [3rd] full calendar year of the Lease Term shall be established at 105% of the maximum payment ceiling established for the 2000 calendar year of the Lease Term, it being specifically agreed and understood that Tenant's Proportionate Share of real estate taxes, insurance premiums, or unanticipated major repair expenses, extraordinary snow removal costs, and utility charges, payable in connection with the Shopping Center shall be deemed excluded from the definition of "Operating Costs" solely nd excluzi-yely for the purpose of computing the maximum payment ceiling to be established in connection with Tenant's Proportionate Share of Operating Costs for each calendar year of the Lease Term (i.e. Tenant shall pay its full share of real estate taxes, insurance premiums, capital expenditures, and utility charges, payable in connection with the Shopping Center with no ceiling being established in connection with such payments whatsoever). 4. Tenant acknowledges and agrees that, except as specifically set forth herein, Tenant shall have no further right to renew or extend the term of the Lease. 5. The Lease is hereby ratified and confirmed and will remain in full force and effect in accordance with the terms. This Agreement shall in no way alter, amend, or modify said Lease except as herein expressly provided. 6. This Agreement and all the terms and provisions hereof shall inure to the benefit of and be binding upon all parties hereto, their respective heirs, administrators, executors, SiKAREMLEGAL1DOCSKEASES%EXTENMTAMARAC.DOC 2 successors and assigns, to the extent provided in the Lease. Each fully executed copy hereof shall be deemed to be an original for all purposes. IN WITNESS WHEREOF, the parties have executed triplicate originals of the instrument the day, month and year set forth above, each party being duly authorized so to do. IRT PROPERTY COMPANY, a Georgia corporation Landlord Signed and acknowledged in the presence of: s BW'zd�'x4v Y Witness as to bdth signatures ,. 46 Vice eoldent Attests ;. �- / Assistgnt Se etary Witness as to both signatures' CITY OF TAMARAC, FLORIDA, a Florida municipal corporation Tenant By s oe Schreiber,, Mayor Attests Marion S nson, -CMC City Clerk �] Dates 6L�� " u By= A460 Je r L. Miller City Manager Date: / \ /Or /i f/ rd Approved as to f S:\KAREMLEOALVMS1LEASESEXTERMTAMARAC.000 3 s Mitchell S. K City Attorney, M1 P City of Tamarac 7525 N.W. 88th Avenue, Tamarac, Florida 33321-2401 Telephone: (954) 724-1230 • Facsimile (954) 724-2454 Jeffrey L. Miller City Manager jeffm@tamorac.org October 11, 2000 Mr. Robert Mitzel IRT Property Company 200 Galleria Parkway Suite 1400 Atlanta, GA 30339 Dear Mr. Mitzel: am pleased to advise you that at its meeting on October 11, 2000, the Tamarac City Commission approved a resolution to execute a First Lease Amendment Agreement between IRT Property Company and the City of Tamarac to extend the current lease an additional period of two (2) years and establish a ceiling on the common area maintenance fees. Enclosed is a copy of the approved resolution. Two originals of the executed lease are attached for your records. Also attached is the approved resolution and these documents constitute the full agreement with the City. The City's Building Official, Paul A. Gioia, will be your contact for this project. Please contact him at (954) 724-1250; however, if there should be any matters of serious consequence, I expect you to advise me directly and immediately. Sincerely, /%�4(1 J /ffey? Miller City Manager PAG/rf cc: Paul Gioia, Building Official Marion Swenson, City Clerk Equal Opportunity Employer