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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as Exhibit B. Temp Reso #7795 1 Section 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict.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 V�_q,,7-s& • C� �J 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 2 LESSOR's equipment building in order to enhance LESSEE's emergency communications 0 network. �J 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. r_iz4fteL cl1w 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. 3 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 C 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. 5 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 ll s • --• •R 15.1 Noninterference Guarantees. LESSEE guarantees that there will be no interference with any other present antennas on the demised premises. This noninterference 6 �J 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 8 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 9 0 10 19 n so I* s 1 0 1 w 1 w T a 1 0 1 0 $ 8 � N s r n to 0 1 m 1 -C I• 10 I* X � � rip W Ld 9 e�r'aZ aZ°1rS� n r • ar`S op 5.3 OOVAaRocom $ aa�=� KVA n RACK ,o RACK 401 e� n a z 1 0 1 k. I w i a I cu In I t M m n so r m n NOTES. 1. E711S'nNC OOO MN; TRANSMIT AIQDINA kl"TF'�Om ANTVWA AND TOWER MOLWED COUNTY AND TAMARAC RLCOYM 3.ONLY TAQI FOR OW Mh= CLOCIIMD RAQIO v 1 ^' I '' 1 A 1 _ (SEE P (SK UM 3) m V ll� ll� 4. W r� • • u 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.