HomeMy WebLinkAboutCity of Tamarac Resolution R-97-056Temp Reso #7795
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-97-54�-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA, AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO EXECUTE THE
INTERLOCAL AGREEMENT BETWEEN BROWARD
COUNTY AND CITY OF TAMARAC PROVIDING FOR USE
OF THE CITY'S EXISTING RADIO TOWER AND ITS
ATTACHED EQUIPMENT BUILDING LOCATED AT THE
PARKING LOT OF THE TAMARAC CITY HALL AT A RENTAL
OF $1.00 PER YEAR PROVIDING FOR SEVERABILITY;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Tamarac owns a 180 feet monopole radio communication
tower located on the south corner of a portion of Section 5, Township 49 South, Range 41
East, of FLORIDA FRUIT LANDS COMPANY SUBDIVISION NO. 2, as recorded in Plat
Book 1, Page 102, of the Public Records of Palm Beach county, Florida, map attached
hereto as Exhibit A; and
WHEREAS, the County and the City have the need for improved public safety
communications; and
WHEREAS, improvements can be accomplished by the County utilizing the City's
existing radio tower and its attached building; and
WHEREAS, the Director of Management Information Services and the City Manager
recommend approval of the interlocal agreement, attached hereto as Exhibit B; 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 the interlocal agreement between Broward County and
the City of Tamarac providing for the utilization.of the City's radio tower by Broward County
for public safety communication improvements at a rental of $1.00 per year.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA:
-,5g li!2n 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 hereby authorized to execute an
interlocal agreement between Broward County and the City of Tamarac, attached hereto
as Exhibit B.
Temp Reso #7795
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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repealed to the extent of such conflict.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 in
application, it shall not affect the validity of the remaining portion or applications of this
Resolution.
Section 5: This Resolution shall become effective immediately upon its adoption.
PASSED, ADOPTED AND APPROVED this pZ (o day of /G 4kC,# 1997.
JOE SCHREIBER
MAYOR
ATTEST:
t-A, RECORD OF COMMISSION
CAROL A. EVANS MAYOR °E '
CITY CLERK MST 1.
DIST t '
I HEREBY CERTIFY that I have DIST 3:�T��������
approved this RESOLUTION as to
form. -
MITCHELL S. K.
CITY ATTORN
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LEASE AGREEMENT
Between
CITY OF TA_ MARAC
and
BROW_RD COUNTY
for
LEASE AGREEMENT
Between
CITY OF TAMAMC
and
BROWARD QQLINTY
for
This Lease Agreement is made and entered into by and between: CITY OF
TAMARAC, a municipal corporation of the state of Florida, hereinafter referred to as
"LESSOR" and BROWARD COUNTY, a political subdivision of the State of Florida,
hereinafter referred to as "LESSEE".
IN CONSIDERATION of the restrictions and covenants herein contained, LESSOR
hereby leases to LESSEE, and LESSEE hereby agrees to lease from LESSOR, the
premises described as follows:
[Insert Legal or Property Description]
TO HAVE AND TO HOLD unto the said LESSEE for a term of thirty (30) years,
commencing :ZG cam, 19-J, for and at a total rental of One Dollar ($1.00) per year,
payable in advance at '7rA.,tiC- CST__A44L___ , or at such other place and to
such person as LESSOR may from time to time designate in writing.
IT IS FURTHER MUTUALLY UNDERSTOOD AND AGREED BY THE RESPECTIVE
PARTIES HERETO:
W131Ly111411
LESSEE shall use the demised premises for the purpose of installing
40 communications antennas on LESSOR's radio tower and placing auxiliary equipment in
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LESSOR's equipment building in order to enhance LESSEE's emergency communications
0 network.
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ARTICLE 11
MAINTENANCE
LESSEE agrees to maintain and keep in good repair, condition and appearance,
during the term of this Lease Agreement or any extension or renewal thereof, the exterior
and interior of the building.
LESSEE will pay its prorated share of the cost for the maintenance of the radio
tower. This proration shall be based upon the number of users of the tower.
-. -
LESSEE may make reasonable structural alterations, additions or improvements
in or to the demised premises with the prior written consent of LESSOR, which consent
shall not be unreasonably withheld. All additions, fixtures, or improvements except, but not
limited to, furniture and fixtures which are readily removable without injury to the premises
shall be and remain a part of the premises at the expiration or termination of this Lease
Agreement. Subject to the above, any carpeting and removable partitions installed by
LESSEE within the demised premises shall remain LESSEE's property and may be
removed by LESSEE upon the expiration of this Lease Agreement or any renewal or
termination thereof.
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In the event the demised premises should be destroyed or damaged by fire,
windstorm, or other casualty to the extent that the demised premises are rendered
untenantable or unfit for the purpose of LESSEE, LESSEE may terminate this Lease
Agreement by giving written notice to LESSOR as provided in Article XIV below; however,
if LESSEE requires its portion of the building to be replaced, LESSEE, at no cost to
LESSOR, will cause its portion of the building to be repaired and replaced in good
condition as soon as practical thereafter.
In the event the radio tower should be damaged or destroyed, LESSOR, at its sole
discretion, shall cause the tower to be repaired or replaced as soon as practical thereafter.
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0 ARTIQLE V
L16BILITY FQRi • ' i • i
All personal property installed or placed in or on in the premises described above
shall be at the risk of LESSEE or the owner thereof. LESSOR shall not be liable to
LESSEE for any damage to LESSEE's personal property unless caused by or due to
negligence of LESSOR's agents or employees. LESSEE shall not be liable to LESSOR
for any damage to LESSOR's or other third parties' personal property unless caused by
or due to negligence of LESSEE's agents or employees.
ARTICLE VI
IIi►MIUMU1414
LESSOR AND LESSEE agree to insure or self -insure their respective interests in
the real or personal property subject to this Lease Agreement to the extent each deems
necessary or appropriate. LESSOR and LESSEE hereby mutually waive all rights to
recovery for loss or damage to such property by any cause whatsoever. LESSOR and
LESSEE hereby waive all rights of subrogation under any policy or policies that each may
carry on property installed or placed on the demised premises.
ARTICLE VIl
SIGNS
Exterior signs placed on the building shall conform to the design and form of letter
approved by LESSOR. The cost associated with painting of signs shall be the responsibility
of LESSEE. All signs shall be removed by LESSEE at termination of this Lease Agreement
and any damage or unsightly condition caused to building because of or due to said signs
shall be satisfactorily corrected or repaired by LESSEE, upon LESSOR's request.
0:400101AM
Subject to the terms, conditions and covenants of this Lease Agreement, and as
long as LESSEE is not in default of the terms and conditions herein, LESSOR agrees
LESSEE shall and may peaceably have, hold and enjoy the premises described above,
without hindrance or interference by LESSOR.
Is 4
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SURRENDERF PREMI
LESSEE agrees to surrender to LESSOR, at the end of the term of this Lease
Agreement, or any extension thereof, said leased premises in as good condition as said
premises were in at the completion of any alterations specified in Article III, ordinary wear
and tear, and damage by fire and windstorm or other Acts of God, excepted.
• : 4WW1
LESSEE and LESSOR, which are state agencies as defined in Chapter 768.28,
Florida Statutes, agree to be fully responsible for acts of negligence of its agents or
employees when acting within the scope of their employment or agency, and agrees to be
liable for any damages resulting from said negligence. Nothing herein is intended to serve
as a waiver of sovereign immunity by any party to which sovereign immunity may be
applicable. Nothing herein shall be construed as consent by a state agency or political
subdivision of the State of Florida to be sued by third parties in any matter arising out of
this Lease Agreement.
ARTICLE XI
It is hereby covenanted and agreed between the parties hereto that all covenants,
conditions, agreements and undertakings contained in this Lease Agreement shall extend
to and be binding on the respective successors and assigns of the respective parties
hereto, and limited to other governmental agencies and not -for -profit organizations, the
same as if they were in every case named and expressed.
LESSOR, at its sole option, may grant LESSEE an extension of this Lease
Agreement for three (3) additional ten (10) year renewal periods upon receipt of notice in
writing from LESSEE at least sixty (60) days prior to the expiration of this Lease
Agreement or any extension thereof.
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ARTICLE XIII
TERMI AN TION
This Lease Agreement may be terminated by either party upon thirty (30) days
written notice to the other party specifying the nature of any default in complying with the
terms and conditions of this Lease Agreement and failure of the defaulting party to remedy
such breach within the thirty (30) day time period unless the nondefaulting party agrees
in writing to an extension in the time to cure or remedy such breach.
ARTICLE XIV
1091111114141-1
Whenever either party desires to give notice unto the other, it must be given by
written notice, sent by registered United States mail, with return receipt requested,
addressed to the party for whom it is intended, at the place last specified, and the place
for giving of notice in compliance with the provisions of this paragraph. For the present,
the parties designate the following as the respective places for giving of notice, to -wit:
FOR LESSEE:
Director, Telecommunications Division
Office of Information Technology
Governmental Center, Room 325
115 South Andrews Avenue
Fort Lauderdale, Florida 33301
•� •A
Director of MIS
City of Tamarac
7525 N.W. 88th Avenue
Tamarac, Florida 33321-2401
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15.1 Noninterference Guarantees. LESSEE guarantees that there will be no interference
with any other present antennas on the demised premises. This noninterference
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guarantee shall apply to radio, television, or any other radiating or receiving device
located on the premises. Should there be any interference, LESSEE will correct the
interference within ten (10) days of notification of interference, or remove the
equipment causing the interference or LESSOR may terminate this Lease
Agreement.
LESSOR agrees that, in the event other parties request to use the premises for
radio installations, such installations will not interfere with LESSEE's purposes. The
purpose of this paragraph is to insure that there is no interference to LESSEE's
emergency communications for public safety services provided by LESSEE to the
residents of Broward County.
15.2 Access to Premises. LESSOR will permit reasonable access to said premises for
maintenance and repairs during normal working hours (8:00 a.m. to 6:00 p.m.,
Monday through Friday) except that access shall be provided to LESSEE on a
seven (7) day per week, twenty-four (24) hours per day basis should emergency
repairs be -necessary. LESSEE will advise LESSOR's Director of MIS if emergency
repairs were required to be undertaken.
15.3 Waiver. No waiver of any provision of this Lease Agreement shall be effective
unless it is in writing, signed by the designated Contract Administrator for the party
against whom it is asserted and any such written waiver shall only be applicable to
the specific instance to which it relates and shall not be deemed a continuing or
future waiver.
15.4 Applicable Law and Venug. This Lease Agreement shall be governed by the laws
of the State of Florida and venue in any proceeding or action between the parties
arising out of this Lease Agreement shall be in Broward County, Florida.
15.5 Merger. This document incorporates and includes all prior negotiations,
correspondence, conversations, agreements or understandings applicable to the
matters contained herein; and the parties agree that there are no commitments,
agreements, or understandings concerning the subject matter of this Lease
Agreement that are not contained in this document. Accordingly, the parties agree
that no deviation from the terms hereof shall be predicated upon any prior
representations or agreements, whether oral or written.
15.6 Modification. LESSOR and LESSEE agree that no modification, alteration or
amendment in the terms and conditions contained herein shall be effective unless
contained in a written document executed with the same formality and of equal
dignity herewith.
VA
15.7 Joint PregaaLation. The preparation of this Lease Agreement has been a joint effort
of the parties and the resulting document shall not, solely as a matter of judicial
construction, be construed more severely against one of the parties than the other.
15.8 Severance. In the event this Lease Agreement or a portion thereof is found by a
court of competent jurisdiction to be invalid, the remaining provisions shall continue
to be effective unless either party elects to terminate this Lease Agreement. The
election to terminate this Lease Agreement based upon this provision shall be made
within seven (7) days after the finding by the court becomes final.
IN WITNESS WHEREOF, the parties hereto have made and executed this Lease
Agreement on the respective dates under each signature: BROWARD COUNTY through
its BOARD OF COUNTY COMMISSIONERS, signing by and through its Chair, authorized
to execute same by Board action on the �2_G-_day of ZjAhc * , 199_2, and THE
CITY OF TAMARAC through its Mayor duly authorized to execute same.
ATTEST:
•
County Administrator and
Ex-Officio Clerk of the
Board of Co
County Commissioners
of Broward County, Florida
E
BROWARD COUNTY, through its
BOARD OF COUNTY COMMISSIONERS
175
Chair
day of 11997.
Approved as to form by
Office of County Attorney
Broward County, Florida
JOHN J. COPELAN, JR., County Attorney
Governmental Center, Suite 423
115 South Andrews Avenue
Fort Lauderdale, Florida 33301
Telephone: (954) 357-7600
Telecopier: (954) 357-7641
In
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PATRICE M. EICHEN
Assistant County Attorney
•
•
•
LEASE AGREEMENT BETWEEN CITY OF TAMARAC AND BROWARD COUNTY, FLORIDA, FOR
USE OF CITY'S RADIO TOWER AND EQUIPMENT BUILDING
ATTEST:
R'YR&rA. EVANS
(CORPORATE SEAL)
PME:vjg
2/28/97
97-099.01
towerlse. a01
CITY OF TAMARAC
/ Mayor
JOY SCHREIBER
26 day of March , 1997.
B Y ` A
City Manager
ROBERT S. NOE, JR.
26 day of March , 1997,
APFI`ROIVED AS
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Tower Location
LEGAL DESCRIPTION
Located on the south corner of a portion of Section 5, Township 49 South, Range 41 East, of
FLORIDA FRUIT LANDS COMPANY SUBDIVISION NO.2, as recorded in Plat Book 1,
Page 102, of the Public Records of Palm Beach County, Florida.